User:Moonraker/H

• Index

Public service web sites

• Companies House web filing
• HMRC
• Electoral Calculus

Planning

• Land at Thornhill Road, Keypoint Industrial Estate, South Marston, Swindon, SN3 4RY (6 June 2019)

Face to face meetings

• 2021 EWHC 1093 (Admin) HERTFORDSHIRE COUNTY COUNCIL & Ors v. SoS
• 2021 EWHC 1145 (Admin) HERTFORDSHIRE COUNTY COUNCIL & Ors v. SoS

Textbooks

• Philip Coppel QC, Cornerstone’s Electoral Legislation 2016 (Bloomsbury Professional, 1st edition 2016) ISBN 1784512613
• Tom Tabori, A Practical Guide to Election Law (Law Brief Publishing, September 2020) ISBN 978-1-912687-72-5 £49.99 (free sample)
• Bob Watt, UK Election Law: A Critical Examination (Taylor & Francis, 2006) (2016 edition)

Older EC guidance

• Guidance for candidates and agents tameside.gov.uk “This guidance replaces Circular RPA 359 issued by the Home Office in 1991 and guidance issued by the Electoral Commission in 2006.”

EC current guidance and forms

• Local elections in England
• Supporting candidates and agents – May 2021: elections during the coronavirus pandemic
• Local elections in England and Wales Guidance for candidates and agents Overview document March 2021
• Elections: who does what
• Local elections in England May 2021 Guidance for candidates and agents Part 3 of 6 – Spending and donations (-> 29 & 66)
• Local elections in England and Wales Guidance for candidates and agents Part 6 of 6 – After the declaration of result
• Return of candidate election expenditure: Local government elections in England and Wales
• Candidate spending return and declaration for parish elections in England
• Declaration by election agent as to election expenses (for county, county borough, burgh, district council, or unitary authority)
• Declaration by candidate as to election expenses (for county, county borough, burgh, district council, or unitary authority)

Relevant legislation

• Local Government Act 1972 (as amended) (“LGA 1972”)
• Local Government Act 2000 (“LGA 2000”)
• Representation of the People Act 1983 (“RPA 1983”)
• Representation of the People Act 1985 (“RPA 1985”)
• Local Government Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1995 (“1995 Regulations”)
• Representation of the People Act 2000 (“RPA 2000”)
• Political Parties, Elections and Referendums Act 2000 (“PPERA”)
• The Representation of the People (England and Wales) Regulations 2001 (“2001 Regulations”)
  • S. 10 Return and declaration of election expenses
  • Schedule 3 Forms
• The Local Elections (Principal Areas) (England and Wales) Rules 2006 UK Statutory Instruments 2006 No. 3304 (“Local rules”)
  • Schedule 3
• Electoral Administration Act 2006 (“EAA”)
• The Local Elections (Principal Areas) (England and Wales) (Amendment) Rules 2014
• The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2018

RPA 1983

• RP Act 1983 contents
• RP Act 1983 s. 36 Local elections in England and Wales
• 72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• RP Act 1983 s. 73 Payment of expenses through election agent
• RP Act 1983 s. 74 Expenses which may be paid otherwise than by election agent
• RP Act 1983 a. 74A Expenses incurred otherwise than for election purposes
• RP Act 1983 s. 75 Prohibition of expenses not authorised by election agent
• RP Act 1983 s. 75ZA. Return of permitted expenditure: power to require return
• RP Act 1983 s. 75ZB. Return of permitted expenditure: compliance and sanctions
• 75A. Scottish local government elections: prohibition of expenses not authorised by election agent
• RP Act 1983 s. 76 Limitation of election expenses
• RP Act 1983 s. 76ZA Limitation of pre-candidacy election expenses for certain general elections
• RP Act 1983 s. 76A. Power to vary provisions about election expenses
• RP Act 1983 s. 77. Expenses limit for joint candidates at local election
• RP Act 1983 s. 78. Time for sending in and paying claims
• RP Act 1983 s. 79. Disputed claims
• RP Act 1983 s. 80. Election agent’s claim
• RP Act 1983 s. 81 Return as to election expenses
• RP Act 1983 s. 82. Declarations as to election expenses
• 83. Where no return and declarations needed at parliamentary elections
• 84. Penalty for failure as respects return or declarations
• RP Act 1983 s. 85. Penalty for sitting or voting where no return and declarations transmitted
• 85A. Disqualification where no return and declarations transmitted after election of Mayor of London
• RP Act 1983 s. 86 Authorised excuses for failures as to return and declarations
• RP Act 1983 s. 87Court’s power to require information from election agent or sub-agent
• RP Act 1983 s. 87A Duty of appropriate officer to forward returns and declarations to Electoral Commission
• RP Act 1983 s. 88. Publication of time and place for inspection of returns and declarations
• RP Act 1983 s. 89. Inspection of returns and declarations
• RP Act 1983 s. 90. Election expenses at elections where election agent not required
• RP Act 1983 s. 90ZA. Meaning of “election expenses”
• RP Act 1983 s. 90A. Meaning of “election expenses”
• RP Act 1983 s. 90B Incurring of election expenses for purposes of section 90A
• RP Act 1983 s. 90C. Property, goods, services etc. provided free of charge or at a discount
• [90ZB.Scottish local government elections: meaning of “election expenses”]
• [RP Act 1983 s. 90D. Modification of sections 90ZA and 90C in relation to election of London members of the London Assembly]
• RP Act 1983 Schedule 3 Return and Declarations as to Election Expenses→

Cases

R v Mackinlay and others [2018] UKSC 42

• R v Mackinlay and others (Respondents) [2018] UKSC 42
• Notional spending: How does it work for candidates and agents, electoralcommission.org.uk
• Election Law reform, Hansard

Sharma v Director of Public Prosecutions [2005] EWHC 902 (Admin)

• Sharma v Director of Public Prosecutions (Casemine)
• Sharma v Director of Public Prosecutions (BAILII)

other

• Sanders & Anor v Chichester & Anor [1994] EWHC 9 (QB)
• R v Jones, R v Whicher; R v Jones & Anor [1999] EWCA Crim 974
  Fiona Jones & her election agent Desmond Whicher (see Bob Watt, p. 129)
• Re Parliamentary Election for Fermanagh & South Tyrone Held on 6 May 2010 [2010] NIQB 113

General election 2010: Fermanagh and South Tyrone

Party		Candidate	Votes	%	±%
	Sinn Féin	Michelle Gildernew	21,304	45.5	+7.3
	Ind. Unionist	Rodney Connor	21,300	45.5	−1.5
	SDLP	Fearghal McKinney	3,574	7.6	−7.2
	Alliance	Vasundhara Kamble	437	0.9	N/A
	Independent	John Stevenson	188	0.4	N/A
Majority			4	0.0	N/A
Turnout			46,803	68.9	−3.7
Registered electors			67,908
	Sinn Féin hold		Swing	−19.1

Rodney Connor had the support of the Democratic Unionist Party and Ulster Conservatives and Unionists - New Force

House of Commons Public Administration and Constitutional Affairs Committee (PACAC)

• Electoral Law: The Urgent Need for Review First Report of Session 2019

Section 81 of RPA 1983

• Within 35 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall [F1 deliver] to the appropriate officer a true return [F2 containing as respects that candidate—.

(a) a statement of all election expenses incurred by or on behalf of the candidate; and

(b) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.]

[F3(1A)Subsection (1) above—

(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

(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.”]

[F4(2) A return under this section must —

(a) specify the poll by virtue of which the return is required ;

(b) specify the name of the candidate to whom the return relates and of the candidate’s election agent; and

(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) [F5 or 75A(6)] above.]

(3)[F6 The return shall also contain as respects that candidate—

[F7(a) a statement of all payments made—

(i) by the candidate in accordance with section 74(1) or (1B) above, or

(ii) by any other person in accordance with section 74(3) above, together with all bills or receipts relating to any such payments made in accordance with section 74(1B) or 74(3);] (b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;

[F8(d) any declarations of value falling to be made by the candidate’s election agent by virtue of section 74A(2) above or 90C(2) below;

(da) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below;

(e) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to this Act; and

(f) a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf. ]

[F9(3A) The return shall also contain as respects that candidate—

(a) a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;

(b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;

(c) a statement relating to such other matters as is prescribed.]

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where after the date at which the return as to election expenses is [F11 delivered], leave is given by the court under section 78(4) above for any claim to be paid, the candidate or his election agent shall, within seven days after its payment, [F1deliver] to the appropriate officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section 86 below.

[F12(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.

(7)The return which the election agent is required to deliver under subsection (1) above—

(a)shall be in respect of all those candidates; F13. . .

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

(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.

(9)The statements which the return is required to contain by virtue of [F14subsection (3A)] above in respect of the matters there mentioned shall be a separate statement [F15of each such matter] as respects each of the candidates in question.

(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.

[F16(10A) The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.]

[F17(10B)In the application of subsection (10A) in relation to a local government election in Scotland, the reference to the Electoral Commission is to be read as if it were a reference to the Scottish Ministers.]

Research papers

• RESEARCH PAPER: LEGAL CHALLENGE TO ELECTIONS, lawcom.gov.uk
• RESEARCH PAPER: FROM NOTICE OF ELECTION TO NOMINATIONS, lawcom

Returns

• Candidate Expenses Return Pack, tamworth.gov.uk
• Return of candidate spending for local government elections in England: Explanatory notes, worcester.gov.uk
  • p. 6: “Main form: Section 4 – Personal expenses: Personal expenses are the reasonable travel and living expenses of the candidate for the purpose of campaigning in the election. Personal expenses do not count against the candidate's limit and they should not duplicate anything already declared as election spending under section 3.”

EC Guidance for candidates and agents Part 3 of 6 – Spending and donations (-> 29 & 66)

• • p. 29 Personal expenses

Personal expenses include the reasonable travel and living expenses (such as hotel costs) of the candidate. Personal expenses do not count towards the spending limit but you must report them on your spending return. Personal expenses may include car hire for the candidate if the candidate does not already own a car, or if their car is not suitable for campaigning. For example, if you are standing in a rural constituency, it may be reasonable to hire a four-wheel drive vehicle to access remote areas. Candidates must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.

• • p. 66: Completing your return

The spending and donations report is known as a ‘return’. The agent must complete the return, which must include the following for each item of spending: • what the spending was for – for example, leaflets or advertising • the name and address of the supplier • the amount or value • details of when it was incurred and paid • details of any unpaid or disputed amounts • details of any notional spending, and a declaration of its value • invoices or receipts for any payment of £20 or over • details of any personal expenses

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systmonline

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