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GLAexpenditurereturnlistcandidatesguidancedoc - Return of

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GLAexpenditurereturnlistcandidatesguidancedoc - Return of

Return of Candidate’s election expenditure: election

    of a member of the London Assembly

Candidates standing on a party list

Completing a candidate’s election expenses return

    The following guidance will take you step by step through the process of completing a candidate’s election expenses return.

Important information:

    This guidance is to be used for completion of the expenses returns of candidates standing on a list on behalf of a registered party only. One return should be submitted per party list submitted. Separate returns are available from www.electoralcommission.org.uk for reporting the election expenditure of individual candidates contesting London member seats and for constituency candidates.

    The return has been produced in Excel format and can be completed on a PC, typed or hand written. The return must be submitted to the appropriate Returning Officer within 70 days of the date of the result of the election.

    Please provide all details requested by the declaration on the second page of the return, and complete all sections of the summary page. These details are important for compliance purposes

    It may be that you do not have donations, payments or expenses to declare in some or all sections of this return. Wherever this may be the case, such sections must be marked ‘nil’. Please complete all sections of parts 1 to 3 in full. All

    declarations within part 2 of the return must be signed.

    Where separate expenditure has been incurred in respect of one candidate on the list, please provide details of all such expenditure separately under part 4 of the return. Only complete sheets under part 4 in respect of candidates who have incurred, or had others incur on their behalf, election expenditure to support their campaign individually, or to detail personal expenses or donations provided to the candidate.

Candidates’ expenditure returns must be accompanied by declarations verifying

    the return. This includes separate declarations signed by the candidate and the election agent.

For guidance on controls on candidates’ election expenditure and donations to

    candidates please refer to Election expenditure and donations: guidance for

    candidates and election agents available at www.electoralcommission.org.uk

Part 1: Summary of all election expenditure

    This part should be used to provide a summary of the expenditure reported within the rest of the return, and should only be completed once parts 2 and 3 of the return have been completed.

    ; In the box marked Total election expenditure incurred in respect of two or

    more candidates enter the total calculated under part 2 of this return. ; In the table below then enter the name of each candidate in the order they

    appear on the list and the amount of expenditure (if any) that was incurred

    individually in respect of each candidate. Do not include candidates’ personal

    expenses.

    ; In the box marked Total expenditure incurred individually in respect of

    candidates on the list the sum of the amounts entered in the table above

    should be entered. This should match the total amount of expenditure

    reported under part 6.

    ; The sum of the 2 subtotals provided should then be entered in the box

    marked Total election expenditure. The amount entered in this box should be

    the total amount incurred in respect of candidates on that list.

Part 2: Summary of spending two or more candidates

2(a): Types of payment

This part should be used to provide a summary of all expenses (except personal

    expenses) incurred by or on behalf of the candidate. Personal expenses should be reported in Part four.

The ‘unpaid claims’ box should give the total value of receipts or invoices

    received more than 21 days after the date the election result was announced and which cannot be paid without a court order. If the agent subsequently pays any unpaid claims, a further return needs to be submitted together with a copy of the court order.

The ‘disputed claims’ box should give the total value of receipts or invoices

    received within 21 days but not paid before 28 days after the date the election result was announced and which cannot be paid without a court order. If the agent subsequently pays any disputed claims, a further return needs to be submitted together with a copy of the court order.

The ‘notional expenditure’ box should give the total value of any expenditure that

    would have been incurred had an item/service not been provided without charge or at a discount of more than 10%. Any items where payments were made for part of the value should have the discount included in this box and the amount paid included in the ‘payments made’ box. Notional expenditure includes any

    goods/services provided to a candidate or their election agent by the party ‘Payments made’ should give the total value of all payments made including

    items paid by the election agent, payments made by the candidate before the agent was appointed, petty expenditure authorised by the agent, items of section 75 spending (see Part 3) and spending before the person became a candidate on items used during the regulated period.

    Please note that no item of spending should be reported under more than one heading.

    Where the total spending in any heading is nil, please indicate this on the form.

2(b): Categories of spending

    Each item of spending should be applied to only one purpose. While some items can be categorised easily, others may appear to fit more than one purpose. In these cases you must judge under which purpose to include the item. Generally, items should be placed under the purpose they naturally fall into, e.g. the transport costs of the candidate should be included under transport even if the transport is in connection with participation at a public meeting; publicity materials e.g. balloons should be included under advertising even if distributed at events.

    ; Against each purpose (A-F) you should enter the total value of the spending

    attributable to that purpose (for guidance on categorising expenditure see

    below).

    ; Please note that no item of expenditure should be reported under more than

    one category.

    ; Where no expenditure has been incurred against a purpose please mark nil in

    the appropriate box.

    ; Signatures must be provided for all declarations even where no expenditure

    The total of the spending in section 1(b) should equal the total in 1(a).

Purpose A: advertising

    The purpose includes advertising of any nature (by whatever medium, e.g. posters or in newspapers) includes agency fees, design costs and any costs in connection with preparing, producing, distributing or otherwise disseminating advertising or anything incorporating advertising.

Purpose B: unsolicited material to electors

    Unsolicited material addressed to electors (whether addressed or for delivery to all electors in the area) includes design costs and all other costs in connection with preparing, producing and distributing such material (including the cost of postage if any).

Purpose C: transport

    Transport includes hire costs but excludes the use of personal cars where no charge has been made by the owner.

Purpose D: public meetings

    This includes costs in connection with people’s attendance at meetings, the hire

    of premises for the purposes of meetings or the provision of goods, services or facilities at them.

Category E: agent and other staff costs

    Include money paid for services of an election agent or anyone else paid in connection with the candidate’s election. This includes staff paid by the

    candidate’s party but who are working on the candidate’s campaign.

Category F: accommodation and administration

    General costs including campaign office rental and utilities.

Part 3: Spending breakdown two or more candidates

    Under this section you should provide details of all items of spending making up the subtotals entered in 2(a) and 2(b). If there is not enough room on the page to list all items, attach a separate sheet.

For every item of spending, please give details of: 1; the item number

    ; the purpose under which the expense falls (A-F)

    ; whether an invoice or receipt has been submitted in support of the item

    invoices or receipts are required for all items over ?20 except notional

    expenditure

; the item or service used

    ; the date the expense was incurred

    ; value of the item 2; whether the item is a disputed or unpaid claim

     1The item number for the first payment reported should be ’1’ and then items should be numbered consecutively from there. Item numbers are needed to allow cross-referencing with sections of the return and with supporting invoices/ receipts. 2 For all unpaid claims, attach a separate sheet with the name of the court to which an application for payment has been or will be made and the date of the application. For all disputed claims, attach a separate sheet giving the nature of the dispute and the action to be taken.

Where applicable details should also be provided of:

    ; the name of the supplier and their address where this is not on an invoice or

    receipt submitted with the return

    ; the name of the person who made payment

    ; the date the receipt or invoice was received

    ; the date the expense was paid

    ; the amount paid if this is different from the value including nil payments where

    applicable

    The total in part 3 should be the same as the totals under 2(a) and 2(b).

Examples of how to report expenditure in part 3

1. If a candidate’s election agent ordered and paid for 1,000 A4 leaflets from

    Printers R’ Us during the regulated period at a cost of ?350 the expenditure

    would be recorded in part 3 as follows:

Column heading Information provided

    Item No 1

    Purpose (A-F) B

    Receipt or invoice submitted? Yes

    Item/service Printing of 1,000 A4 leaflets

    Name of supplier (and address if Printers’r’us

    applicable)

    Name of person who made payment Mr J Bloggs

    Date expense incurred 13/04/2008

    Date receipt received 20/04/2008

    Date expense paid 06/05/2008

    Value of item ?350.00

    Amount paid (if different) N/A

    Unpaid or disputed? No

    2. A candidate uses a printer cartridge originally bought for business purposes to print large numbers of posters to be posted around the constituency. The cartridge was originally bought for ?22.99. The candidate estimates that half the cartridge has been used printing election materials and as such considers the proportion of value of the cartridge used for the purposes of the election as ?11.50. This expenditure would be recorded in part 3 as follows:

Column heading Information provided

    Item No 2

    Purpose (A-F) A

    Receipt or invoice submitted? No

    Item/service Printer cartridge

    Name of supplier (and address if The Print Warehouse Small Street, Big

    applicable) Town

    Name of person who made payment N/A

    Date expense incurred 3 February 2008

    Date receipt received N\A

    Date expense paid N\A

    Value of item ?11.50

    Amount paid (if different) N/A

    Unpaid or disputed? No

3. If a candidate uses a supporter’s business premises as a campaign office

    for a month they will need to estimate the value of notional expenditure. During the month they spend 4 days a week (16 days in total) in the office working on their election campaign. The agent gets two commercial quotes and determines that the commercial letting rate of a similar office would be ?550 per month. As such they estimate that the value of expenditure incurred is ?275. This would be recorded in part 3 as follows:

Column heading Information provided

    Item No 3

    Purpose (A-F) F

    Receipt or invoice submitted? No

    Item/service Use of office (16 days)

    Name of supplier (and address if N\A

    applicable)

    Name of person who made payment N\A

    Date expense incurred 1 April 2008 1 May 2008

    Date receipt received N\A

    Date expense paid N\A

    Value of item ?275

    Amount paid (if different) Nil

    Unpaid or disputed? None

    In this example the value of notional expenditure would need to be included in the ‘notional expenditure’ box in section 2(a) and a ?275 donation from the

    supporter would need to be reported in part 5 of the return.

    Please note: For all items over ?20 other than notional expenditure, an invoice or receipt must be submitted in support. Each invoice or receipt submitted should be marked with the relevant item number.

    Part 4: Expenditure for which a return is required under Section 75

    Here you must provide details of any items of expenditure reported within the candidate’s expenses return for which a return is also required to be submitted

    under Section 75 of the Representation of the People Act 1983 (i.e. expenditure other than petty expenditure incurred by a person authorised in writing by the election agent).

    For each relevant item of expenditure you will need to provide details of: ; the item number (as reported in part 3)

    ; the amount

    ; the name of the person who incurred the expense

Part 5: Donations two or more candidates

    5(a): Money provided by the candidate to meet election expenses

    In this section, record the amount of money (if any) provided by the candidate from their own resources for the purpose of meeting their election expenses. If no money has been provides, the word ‘nil’ should be recorded.

5(b): Total value of donations up to ?50

    In this section, record the total value of all donations received that were up to ?50 in value. No further details are required about the sources of these donations.

5(c): Permissible donations of over ?50

    For each donation accepted by or on behalf of the candidate, provide the following details:

    ; the full name, registered address and status (e.g. individual, company,

    political party, trade union) of the donor

    ; the date the donation was received and the date on which it was accepted ; the amount (for a cash donation) or value and nature (for a non-cash donation) ; in the case of a registered company the company registration number

    Additionally, for a donation from a trust the following information must be provided.

    In the case of a trust created before 27 July 1999, to which no property has been transferred since that date and whose terms have not been varied since that date, should provide:

; the date the trust was created

    ; the full name of the person who created the trust

    ; the full name of every other person that transferred property to the trust

    before 27 July 1999

    In the case of a trust created by a permissible donor and to which all other transfers have been made by a permissible donor, the details for a pre-1999 trust should be provided including the address of the trust’s creator and all other

    people who have transferred property to the trust (including by bequest) and the company registration number for any company that created or transferred property to the trust.

    5(d) Unidentifiable and other impermissible donations received

    For each unidentifiable or otherwise impermissible donation received by or on behalf of the candidate, please provide the following details:

    ; for an unidentifiable donor the manner in which the donation was made ; for any other impermissible donor the name and address of the donor ; the amount or value and nature of the donation

    ; the date of receipt of the donation, and the date when and manner in which

    the donation was returned

    Part 6: Individual expenditure and income of candidates on the list

    Under this part a separate sheet should be completed for each candidate on the list that has:

    ; incurred individual election expenses, or had expenditure incurred on their

    behalf (i.e. expenditure incurred on promoting that candidate alone rather

    than all the candidates on the list);

    ; incurred personal expenses;

    ; provided any money to fund their own campaign;

    ; received any donations over ?50 provided to them individually (rather than

    provided for the benefit of the whole list)

    For each candidate to whom the above applies a sheet should be completed providing details of:

    ; the candidate number (as identified in part 1)

    ; the full name of the candidate

6(a): Types of payment

This part should be used to provide a summary of all expenses (except personal

    expenses) incurred by or on behalf of the candidate. Personal expenses should be reported in Part 6d.

The ‘unpaid claims’ box should give the total value of receipts or invoices

    received more than 21 days after the date the election result was announced and which cannot be paid without a court order. If the agent subsequently pays any unpaid claims, a further return needs to be submitted together with a copy of the court order.

The ‘disputed claims’ box should give the total value of receipts or invoices

    received within 21 days but not paid before 28 days after the date the election result was announced and which cannot be paid without a court order. If the agent subsequently pays any disputed claims, a further return needs to be submitted together with a copy of the court order.

The ‘notional expenditure’ box should give the total value of any expenditure that

    would have been incurred had an item/service not been provided without charge or at a discount of more than 10%. Any items where payments were made for part of the value should have the discount included in this box and the amount paid included in the ‘payments made’ box. Notional expenditure includes any

    goods/services provided to a candidate or their election agent by the party ‘Payments made’ should give the total value of all payments made including

    items paid by the election agent, payments made by the candidate before the agent was appointed, petty expenditure authorised by the agent, items of section 75 spending (see Part 3) and spending before the person became a candidate on items used during the regulated period.

    Please note that no item of spending should be reported under more than one heading.

    Where the total spending in any heading is nil, please indicate this on the form.

6(b): Categories of spending

    Each item of spending should be applied to only one purpose. While some items can be categorised easily, others may appear to fit more than one purpose. In these cases you must judge under which purpose to include the item. Generally, items should be placed under the purpose they naturally fall into, e.g. the transport costs of the candidate should be included under transport even if the transport is in connection with participation at a public meeting; publicity materials e.g. balloons should be included under advertising even if distributed at events.

    ; Against each purpose (A-F) you should enter the total value of the spending

    attributable to that purpose (for guidance on categorising expenditure see

    below).

    ; Please note that no item of expenditure should be reported under more than

    one category.

    ; Where no expenditure has been incurred against a purpose please mark nil in

    the appropriate box.

    ; Signatures must be provided for all declarations even where no expenditure

    The total of the spending in section 6(b) should equal the total in 6(a).

Purpose A: advertising

    The purpose includes advertising of any nature (by whatever medium, e.g. posters or in newspapers) includes agency fees, design costs and any costs in connection with preparing, producing, distributing or otherwise disseminating advertising or anything incorporating advertising.

Purpose B: unsolicited material to electors

    Unsolicited material addressed to electors (whether addressed or for delivery to all electors in the area) includes design costs and all other costs in connection with preparing, producing and distributing such material (including the cost of postage if any).

Purpose C: transport

    Transport includes hire costs but excludes the use of personal cars where no charge has been made by the owner.

Purpose D: public meetings

    This includes costs in connection with people’s attendance at meetings, the hire

    of premises for the purposes of meetings or the provision of goods, services or facilities at them.

Category E: agent and other staff costs

    Include money paid for services of an election agent or anyone else paid in connection with the candidate’s election. This includes staff paid by the

    candidate’s party but who are working on the candidate’s campaign.

Category F: accommodation and administration

    General costs including campaign office rental and utilities.

6(c): Donations

    Please provide the total of all the permissible donations over ?50 that were received for the individual candidate.

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