Public Elections (Expenditure
and Donations) (Jersey) Law 2014
A LAW to regulate the expenditure of, and donations towards the election
expenses of, a candidate in a public election
Commencement [see endnotes]
PART 1
INTRODUCTORY
PROVISIONS
1 Interpretation[1]
In this Law, unless the context otherwise requires –
“2002 Law” means the Elections (Jersey)
Law 2002;
“anonymous donation” shall be construed in accordance
with paragraph 4 of the Schedule;
“candidate” means a person who has become a candidate
for election as a Deputy or Connétable in accordance with
Article 17H of the 2002 Law, but this is subject to Article 3(8);
“candidate’s election expenses” shall be construed
in accordance with Article 3;
“Committee” means the Privileges and Procedures
Committee established by Standing Orders of the States of Jersey;
“donation” shall be construed in accordance with the
Schedule;
“election” means an election of a Deputy or an election
of a Connétable;
“JEA” means the Jersey
Electoral Authority established by Article 13A of the 2002 Law;
“nomination announcement day”, in relation to an
election, means the day on which the candidate announcement in relation to
that election is published under Article 17H of the 2002 Law;
“officeholder”, in relation to a political party, has
the same meaning as in the Political Parties
(Registration) (Jersey) Law 2008;
“political party” means a
political party which is registered under the Political Parties (Registration) (Jersey) Law 2008;
“regulated period” has the meaning given by
Article 1A;
“third party” shall be construed in accordance with Article 9(1)
to (3);
“third party’s election expenses” means the
expenses described in Article 9;
“treasurer”, in relation to a political party, has the same meaning as in the Political Parties (Registration) (Jersey) Law 2008;
“working day” means any day other than –
(a) a
Saturday or Sunday;
(b) Christmas
Day or Good Friday; or
(c) a day that is observed
as a public holiday or a bank holiday under the Public Holidays and Bank
Holidays (Jersey) Law 1951.
1A Meaning of
"regulated period"[2]
In this Law, “regulated period”, in relation to an
election, means the period –
(a) beginning
with the day falling 4 months before the day on which the election is to
be held; and
(b) ending
with the day on which the election is held.
2 Donations and expenses
(1) The Schedule has effect
to describe –
(a) gifts,
loans and the supply of goods or services that are donations, the value
attributed to a donation and the circumstances in which a donation is
anonymous; and
(b) expenses
that are to be disregarded as election expenses.
(2) The States may, by
Regulations, amend the Schedule.
PART 2
CANDIDATE’S ELECTION EXPENSES AND DONATIONS
3 Meaning
of “candidate’s election expenses”
(1) In this Law
“election expenses”, in relation to a candidate at an election,
means expenses incurred at any time before the poll
for that election –
(a) by
the candidate, or with the candidate’s express or implied consent; and
(b) for
the supply or use of goods, or the provision of services, which are used during
the regulated period –
(i) to promote or
procure the candidate’s election, or
(ii) to
prejudice the electoral prospects of another candidate at the same election.[3]
(2) Where a candidate is
endorsed by a political party, the candidate shall be deemed, for the purposes
of paragraph (1)(a), to have consented to the party incurring expenses on
his or her behalf (including where those expenses were incurred before the
candidate made a political party declaration for the
purposes of Part 4A of the 2002 Law).[4]
(3) A candidate’s
election expenses may be direct expenses or notional expenses.
(4) Subject to paragraph 8
of the Schedule, a direct expense is the amount of any liability incurred for
the supply or use of goods or the provision of services which are used as
described in paragraph (1)(b).
(5) A notional expense is
incurred when goods or services supplied either free of charge or at a discount
are used as described in paragraph (1)(b).
(6) A notional expense is
also a donation and, accordingly –
(a) the
value of a notional expense is determined in accordance with paragraph 3
of the Schedule; and
(b) there
shall be disregarded any notional expense that, by virtue of paragraph 5,
6, 7 or 8 of the Schedule, is not a donation.
(7) If election expenses
are incurred by, or with the express or implied consent of, 2 or more
candidates, it shall be presumed, unless the contrary is proved (to the
satisfaction of the JEA) by one of them, that the
expenses relate to goods and services which are of equal benefit to them and,
accordingly, that those expenses are to be apportioned equally between them.[5]
(8) A reference in this Law
to a candidate at an election, in relation to election expenses, includes
(where the context allows) a reference to a person who becomes a candidate at
the election after the expenses are incurred.[6]
3A Political
party campaign expenses treated as candidate’s
election expenses[7]
(1) “Campaign expenses”,
in relation to an election, means expenses incurred at any time before the
poll for that election –
(a) by a
political party; and
(b) for
the supply or use of goods, or the provision of services, which are used during
the regulated period to promote or procure electoral success for the party.
(2) In
paragraph (1)(b), the reference to “promoting or procuring electoral
success” in relation to a political party includes a reference
to –
(a) promoting
or procuring the election of candidates endorsed by the party; and
(b) prejudicing
the electoral prospects of –
(i) candidates
who are not endorsed by the party, or
(ii) another
political party.
(3) Campaign expenses, in
relation to an election, incurred by a political party are to be treated as
“election expenses” in relation to each candidate at the election
who is endorsed by the party (and Article 3(7) applies accordingly).
4 Restriction
on candidate’s election expenses
(1) A candidate’s
election expenses shall not exceed, in the aggregate –
(a) where
the candidate is a candidate for election as Deputy or Connétable, £2,050;
and
(b) 13 pence
for each person entitled to vote in the election by virtue of, as the case
requires, Article 2(1), (1A) or (2) of the 2002 Law.[8]
(2) A candidate whose
election expenses exceed the limit imposed by paragraph (1) is guilty of
an offence and liable to a fine.
(3) The States may by
Regulations amend in paragraph (1) the limit on a candidate’s
election expenses.
5 Prohibition
of candidate keeping anonymous donation
(1) A candidate shall not
keep an anonymous donation.
(2) A candidate who
receives an anonymous donation shall, within 4 weeks of receiving it, send
it to the Treasurer of the States.[9]
(3) The Treasurer of the
States shall make such arrangements as he or she thinks fit for the
distribution, to one or more charities established in Jersey, of donations sent
to him or her under paragraph (2).
(4) A candidate who fails,
without reasonable excuse, to comply with paragraph (2) is guilty of an
offence and liable to a fine.[10]
6 Requirement
for candidate to make declaration following election
(1) Subject to paragraph (2),
a candidate shall, before the end of the period of 4 weeks beginning with
the day on which the poll is held, deliver to the JEA
a written declaration of –
(a) the
candidate’s election expenses, itemising the amounts expended (whether
direct or notional) and the goods and services on which they are expended; and
(b) the
donations that the candidate has received, specifying –
(i) in relation to
each donation of, or having a value of, more than £145, the name of
the donor, the amount or value of the donation, and whether the donation is of –
(A) money,
(B) a
loan of money,
(C) goods
or the use of goods, or
(D) services,
(ii) the
sum of the anonymous donations received, and sent to the Treasurer of the
States, by the candidate.[11]
(2) The donations made by a
donor to the candidate shall, for the purposes of paragraph (1)(b)(i), be
aggregated.
(3) The declaration
required by paragraph (1) shall be –
(a) made
using a form supplied by the JEA;
(b) include
a statement by the candidate that, to the best of his or her knowledge,
information and belief, the information contained in it is true, complete and
correct; and
(c) signed
by the candidate.[12]
(3A) Paragraph (3B) applies where a
person is required to deliver a declaration under paragraph (1).[13]
(3B) The JEA
must, no later than 5 working days before the end of the period mentioned
in the paragraph (1), notify the person of that requirement under that
paragraph (unless it has already been complied with).[14]
(4) If, having made a
declaration, a candidate becomes aware of any variation in or addition to the
information required to be declared, the candidate shall, as soon as possible
and, in any event, no later than 10 working days after becoming so aware,
deliver to the JEA a further written declaration of
the variation or addition.[15]
(5) A declaration delivered
under paragraph (4) shall include a statement conforming to paragraph (3)(b)
and be signed by the candidate.
(6) A candidate who fails,
without reasonable excuse, to deliver a declaration, or further declaration, in
accordance with this Article is guilty of an offence and liable to a fine.[16]
(7) A candidate who
delivers a declaration, or a further declaration, under this Article, knowing
or believing it to be false in a material particular, is guilty of an offence
and liable to a fine.
(8) The States may by
Regulations amend –
(a) the
monetary amount expressed in paragraph (1)(b)(i);
(b) the
period of time expressed in paragraph (1);
(c) the
period of time expressed in paragraph (4).
7 Verification
of expenses
(1) The JEA
may request, in writing –
(a) a
candidate to produce invoices, receipts and other proof of the
candidate’s election expenses;
(b) the
treasurer of a political party to produce invoices, receipts and other proof of
the party’s campaign expenses in relation to one or more candidates.[17]
(2) A person shall comply
with a request made under paragraph (1) within 4 weeks of it being
made.[18]
(3) A person who fails,
without reasonable excuse, to comply with paragraph (2) is guilty of an
offence and liable to a fine.[19]
8 Requirement
to provide information and documents to candidate
(1) A person who incurs or
pays a candidate’s election expenses shall, as soon as is practicable,
provide the candidate with such information and documents as the candidate
requires to comply with Articles 6 and 7.
(2) A person who fails,
without reasonable excuse, to comply with paragraph (1) is guilty of an
offence and liable to a fine.[20]
PART 3
THIRD PARTY’S ELECTION EXPENSES AND DONATIONS
9 Meaning
of “third party” and “third party’s election
expenses”
(1) A third party, in
relation to an election, is –
(a) a
person, who is not a candidate in the election and who is not acting with the
express or implied consent of a candidate in the election, who incurs expenses
for the supply or use of goods, or the provision of services; or
(b) 2 or
more persons acting together, none of whom is a candidate in the election and
who are not acting with the express or implied consent of a candidate in the
election, who incur expenses for the supply or use of goods, or the provision
of services,
which goods or services are used during the regulated period –
(i) to
promote or procure the election of any candidate in the election, or
(ii) to
prejudice the electoral prospects of any candidate in the election.[21]
(2) For the purposes of paragraph (1)(b),
2 or more persons act together –
(a) if
they are jointly liable for the expenses;
(b) if
the expenses are incurred with their express or implied consent; or
(c) if
they incur and are liable for the expenses separately, but are either working
together or liaising to co-ordinate their respective expenditure, and the
expenditure is for shared purposes.
(3) In this Law, any
reference to a third party is a reference to a person described in paragraph (1)(a)
or, where 2 or more persons are acting together as described in paragraph (1)(b),
all of those persons.
(4) The expenses to be
taken into consideration are those incurred at any time before the poll.
(5) A third party’s
election expenses may be direct expenses or notional expenses.
(6) Subject to paragraphs 7
and 8 of the Schedule, a direct expense is the amount of any liability incurred
for the supply or use of goods or the provision of services which are used, in
either case, for the purposes of an election campaign.
(7) A notional expense is
incurred when goods or services supplied either free of charge or at a discount
are used as described in paragraph (1)(i) or (ii).
(8) A notional expense is
also a donation and, accordingly –
(a) the
value of a notional expense is determined in accordance with paragraph 3
of the Schedule; and
(b) there
shall be disregarded any notional expense that, by virtue of paragraph 5,
6, 7 or 8 of the Schedule, is not a donation.
10 Restriction on
third party’s election expenses
(1) A third party’s
election expenses for an election shall not exceed, in the aggregate, one half
of the maximum that would be allowed to a candidate in the election by virtue
of Article 4.
(2) [22]
(3) A third party whose
election expenses exceed the limit imposed by paragraph (1) is guilty of
an offence and liable to a fine.[23]
(4) [24]
11 Prohibition of
third party keeping anonymous donation
(1) A third party shall not
keep an anonymous donation.
(2) A third party who
receives an anonymous donation shall, within 4 weeks of receiving it, send
it to the Treasurer of the States.[25]
(3) The Treasurer of the
States shall make such arrangements as he or she thinks fit for the
distribution, to one or more charities established in Jersey, of donations sent
to him or her under paragraph (2).
(4) A third party who fails,
without reasonable excuse, to comply with paragraph (2) is guilty of an
offence and liable to a fine.[26]
12 Requirement for
third party to make declaration following election
(1) Subject to paragraph (2),
a third party shall, before the end of the period of 4 weeks beginning
with the day on which the poll is held, deliver to the JEA
a written declaration of –
(a) the
third party’s election expenses, itemising the amounts expended (whether
direct or notional) and the goods and services on which they are expended; and
(b) the
donations that the third party has received, specifying –
(i) in relation to
each donation of, or having a value of, more than £145, the name of
the donor, the amount or value of the donation, and whether the donation is of –
(A) money,
(B) a
loan of money,
(C) goods
or the use of goods, or
(D) services,
(ii) the
sum of the anonymous donations received, and sent to the Treasurer of the
States, by the third party.[27]
(2) Paragraph (1)
shall not apply to a third party whose election expenses for the election are
less than £600.
(3) The donations made by a
donor to the third party shall, for the purposes of paragraph (1)(b)(i),
be aggregated.
(4) The declaration required
by paragraph (1) shall be –
(a) made
using a form supplied by the JEA;
(b) include
a statement by the third party that, to the best of the third party’s
knowledge, information and belief, the information contained in it is true,
complete and correct; and
(c) signed
by the third party.[28]
(5) If, having made a
declaration, a third party becomes aware of any variation in or addition to the
information required to be declared, the third party shall, as soon as possible
and, in any event, no later than 10 working days after becoming so aware,
deliver to the JEA a further written declaration of
the variation or addition.[29]
(6) A declaration delivered
under paragraph (5) shall include a statement conforming to paragraph (4)(b)
and be signed by the third party.
(7) If a third party is 2
or more persons acting together, any declaration required by this Article shall
be made jointly by those persons and signed by each of them.
(8) A third party who fails,
without reasonable excuse, to deliver a declaration, or further declaration, in
accordance with this Article is guilty of an offence and liable to a fine.[30]
(9) A third party who
delivers a declaration, or a further declaration, under this Article, knowing
or believing it to be false in a material particular, is guilty of an offence
and liable to a fine.
(10) The States may by Regulations
amend –
(a) the
period of time expressed in paragraph (1);
(b) the
monetary amount in paragraph (1)(b)(i);
(c) the
monetary amount in paragraph (2);
(d) the
period of time expressed in paragraph (5).
13 Verification of
expenses
(1) The JEA
may request, in writing, a third party to produce invoices, receipts and other
proof of the third party’s election expenses.[31]
(2) A third party shall
comply with a request made under paragraph (1) within 4 weeks of it
being made.[32]
(3) A third party who fails,
without reasonable excuse, to comply with paragraph (2) is guilty of an
offence and liable to a fine.[33]
PART 3A[34]
DONATIONS TO POLITICAL PARTIES
13A Requirement for a
political party to declare donations
(1) This Article applies
where a political party receives a reportable donation.
(2) The treasurer of the
political party must, within 4 weeks of receiving the reportable donation,
deliver to the JEA a written declaration in
accordance with this Article.
(3) The declaration must
specify –
(a) the
name of the donor;
(b) the
amount or value of the donation;
(c) whether
the donation is of –
(i) money,
(ii) a
loan of money,
(iii) goods
or the use of goods,
(iv) services.
(4) A donation is a “reportable
donation” if –
(a) its
amount or value exceeds the threshold amount; or
(b) when
aggregated with other donations to the political party made by the same donor
during the preceding 3 months (“earlier donations”), the
amount or value of those donations exceeds the threshold amount.
(5) Where a declaration is
required in respect of a reportable donation within
paragraph (4)(b) –
(a) paragraphs (2)
and (3) apply in relation to the earlier donations as they apply in relation to
the reportable donation; and
(b) for
that purpose, the earlier donations are treated as if they were received on the
same day as the reportable donation.
(6) A
declaration required by this Article must –
(a) be
made using a form supplied by the JEA;
(b) include
a statement by the treasurer of the party that, to the best of that
person’s knowledge, information and belief, the information contained in
it is true, complete and correct; and
(c) be
signed by the treasurer of the party.
(7) The “threshold
amount” is the amount specified in Regulations made by the States for the
purposes of this Article.
(8) The States may by
Regulations amend the period of time mentioned in paragraph (2) or
(4)(b).
13B Offences: failure
to comply with declaration requirements
(1) A person who fails, without
reasonable excuse, to deliver a declaration in accordance with Article 13A
commits an offence and is liable to a fine.
(2) A person who delivers a
declaration for the purposes of Article 13A knowing or believing it to be
false in a material particular, commits an offence and is liable to a fine.
13C Anonymous
donations to political parties
(1) A political party must
not keep an anonymous donation.
(2) Where a political party
receives an anonymous donation, the treasurer of the party must, within
4 weeks of receiving it –
(a) send
the donation to the Treasurer of the States; and
(b) deliver
a written declaration of the donation to the JEA.
(3) The Treasurer of the
States must make such arrangements as he or she thinks fit for the
distribution, to one or more charities established in Jersey, of donations sent
to him or her under paragraph (2).
(4) A declaration required
by paragraph (2)(b) must –
(a) be
made using a form supplied by the JEA;
(b) include
a statement by the treasurer of the party that, to the best of that
person’s knowledge, information and belief, the information contained in
it is true, complete and correct; and
(c) be
signed by the treasurer of the party.
(5) A person who fails,
without reasonable excuse, to comply with paragraph (2) commits an offence
and is liable to a fine.
13D Requirement for
other officeholders to notify treasurer of donations
(1) An officeholder, other
than the treasurer, of a political party who knows or believes that a donation
(including an anonymous donation) has been received by the political party
must –
(a) notify
the treasurer as soon as is practicable; and
(b) provide
the treasurer with any information held by the officeholder about the donation
that is relevant for the purposes of compliance with this Part.
(2) A person who fails,
without reasonable excuse, to comply with paragraph (1) commits an offence
and is liable to a fine.
PART 4
GENERAL AND CLOSING PROVISIONS
14 Offences: general
(1) The limitation in Article 68
of the 2002 Law on the institution of a criminal prosecution under
that Law applies also to the institution of a criminal prosecution under this
Law.
(2) The JEA
shall pass any declaration made or documents produced under this Law to the
Attorney General where it appears to the JEA that an
offence against any provision of this Law may have been committed.[35]
(3) Where an offence under
this Law committed by a body corporate, a limited liability partnership or a
separate limited partnership is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(4) Where the affairs of a
body corporate are managed by its members, paragraph (3) shall apply in relation
to acts and defaults of a member in connection with his or her functions of
management as if the member were a director of the body corporate.
15 Offences:
defences
(1) It shall be a defence
for a person charged with an offence against Article 4(2) or 10(3) to
prove that he or she took all reasonable steps to avoid the commission of the
offence.
(2) [36]
16 Declarations:
acknowledgement of receipt and publication[37]
In respect of each declaration delivered to the JEA
under Article 6, 12, 13A or 13C of this Law, the JEA
must –
(a) provide
written acknowledgement of receipt to the person who made the declaration; and
(b) publish
the declaration in such manner as it considers appropriate.
16A Audit[38]
(1) The JEA
may make such arrangements as it considers appropriate for the audit of any or
all of –
(a) the
declarations, made by candidates for the purposes of Article 6, of
election expenses and donations;
(b) the
declarations, made by third parties for the purposes of Article 12, of
election expenses and donations;
(c) the
declarations, made by political parties for the purposes of Article 13A or
13C, of donations.
(2) Where only some of the
declarations are to be audited, the JEA may select
those to be audited by reference to particular criteria or at random.
17 Arrangements
for publication of election material
(1) The Committee shall
make arrangements for election material provided to it by a candidate to be
published in Jersey.
(2) The election material
shall include information summarizing the candidate’s background and
manifesto (whether or not it contains other information).
(3) The Committee shall not
be obliged to publish election material provided to it by a candidate after the
closing date specified by the Committee for the provision of such material.
(4) The Committee shall not
be obliged to publish election material provided to it by a candidate if –
(a) the
material is provided in a format other than a format specified by the
Committee; or
(b) the
material exceeds a length or size specified by the Committee.
(5) The arrangements made
under this Article shall be available to each candidate in an election on equal
terms.
(6) No person other than
the author of election material published pursuant to paragraph (1) shall
incur any civil or criminal liability by virtue of the publication.
18 Consequences
of conviction of successful candidate in election
(1) This Article applies to
a candidate elected in an election and convicted of an offence under Article 4(2),
5(4), 6(6) or (7) or 7(3) connected with his or her election expenses or
donations in relation to the election.[39]
(1A) This Article also applies to a
candidate elected in an election and convicted of an offence under
Article 13B, 13C or 13D in respect of a failure to comply with any of
those provisions during the regulated period in relation to the election.[40]
(2) Upon the proceedings
for the offence being concluded, the convicted candidate shall be disqualified
for taking the office to which he or she has been elected or, if he or she has
already taken the office, shall cease to hold the office.
(3) Paragraph (2) does
not prevent the convicted candidate standing as a candidate in the election
held to fill the vacancy in office caused by that paragraph.
(4) Proceedings for an
offence are concluded upon –
(a) the
convicted candidate’s conviction being confirmed by a court without any
further right of appeal; or
(b) the
expiry of any time allowed for the convicted candidate to appeal, without an
appeal being made.
18A Consequential etc amendments[41]
(1) The States may by
Regulations make consequential, incidental, supplementary or transitional
provision in connection with any provision of this Law.
(2) The power to make
Regulations under this Article includes the power to amend, repeal or otherwise
modify the application of any enactment.
18B [42]
19 Citation
This Law may be cited as the Public Elections (Expenditure and
Donations) (Jersey) Law 2014.
SCHEDULE[43]
(Article 2)
DONATIONS AND EXPENSES
1 Money
(A1) A
gift of money to a political party is a donation.
(1) A
gift of money to any other person is a donation if –
(a) it is
made at any time before the poll (including before the nomination announcement
day), and the giver signifies, either expressly or by implication, that the
money is intended for use to pay the recipient’s election expenses; or
(b) it is
made after the nomination announcement day and before the poll, and is either
made anonymously or the giver does not signify the intended use of the money.
(1A) A
loan of money to a political party is a donation if it is made
either –
(a) at no
cost to the party; or
(b) on
terms by which the cost to the party is below the commercial rate for the loan.
(2) A
loan of money to any other person is a donation if –
(a) it is
made either at no cost to the recipient or on terms by which the cost to the
recipient is below the commercial rate for the loan; and
(b) it is
made –
(i) at any time
before the poll, and the lender signifies, either expressly or by implication,
that the loan is intended for use to pay the recipient’s election
expenses, or
(ii) after
the nomination announcement day and before the poll, and is either made
anonymously or the lender does not signify the intended use of the loan.
(3) A
gift or loan of money is made at the time when the money is given to the
recipient or, if earlier, the time when the giver or lender informs the
recipient of his or her intention to make the gift or loan.
2 Goods
and services
(A1) A
supply of goods (including a supply by way of loan or rental), or a supply of
services, to a political party is a donation if it is made –
(a) free
of charge; or
(b) at a
discount to the open market value of or rate for the supply of goods or
services.
(1) A
supply of goods (including a supply by way of loan or rental) or a supply of
services, other than to a political party; is a donation if –
(a) it is
made free of charge or at a discount to the open market value of or rate for
the supply of the goods or services; and
(b) it is
made –
(i) at any time
before the poll, and the person making the supply signifies, either expressly
or by implication, that the goods or services are intended for use –
(A) where the
recipient is a candidate, for the purposes described in Article 3(1)(b),
or
(B) where
the recipient is a third party, for the purposes described in Article 9(1)(i)
or (ii),
(ii) after
the nomination announcement day and before the poll, and is either made
anonymously or the person making the supply does not signify the intended use
of the goods or services.
(2) A
supply of goods or services is made at the time when the goods or services are
provided to the recipient.
3 Value
attributable to donation of loans, goods or services
(1) The
value of a donation that is a loan of money is the amount equal to the
difference between the cost, to the recipient, of the loan if it had been made
on commercial terms and the actual cost to the recipient.
(2) The
value of a donation of goods is the amount equal to the difference between the
open market value of the goods and the actual cost to the recipient.
(3) The
value of a donation of the use of goods is the amount equal to the difference
between the open market rate for the use of the goods and the actual cost to
the recipient.
(4) The
value of a donation of the supply of services is the amount equal to the
difference between the open market rate for their supply and the actual cost to
the recipient.
4 Anonymous
donations
(1) A
donation is anonymous if the recipient is unable to ascertain the identity of
the person making it.
(2) The
States may by Regulations provide that, where the amount or value of an anonymous
donation does not exceed a specified amount, the donation is to be disregarded
for the purposes of the application of any provision of this Law.
(3) Regulations
under paragraph (2) may make different provision for different purposes.
5 Exception
for services provided by the Committee
Where –
(a) the
Committee provides services for the dissemination of information about or on
behalf of candidates in a public election; and
(b) those
services are provided on the same terms to each of those candidates,
the provision of those
services is not a donation.
6 Exceptions
relating to services of an individual provided without charge
(1) The
provision by an individual of his or her own services is not a donation if he
or she provides his or her services –
(a) as a
volunteer;
(b) without
charge; and
(c) otherwise
than in the course of his or her employment, trade or profession or any other
business.
(2) Subject
to sub-paragraph (3), the exception in sub-paragraph (1) does not
extend to any goods used by or supplied by the individual in the course of the
provision of the individual’s own services.
(3) Where,
in the course of the provision of the individual’s own services, an
individual uses his or her own goods, the use of the goods and any expenditure
incurred by the individual that is incidental to the use of the goods, is not a
donation.
7 Exception
for newspapers and broadcasts
(1) Subject
to sub-paragraph (2), the publication of any matter relating to the public
election –
(a) in a
newspaper or periodical circulating in Jersey;
(b) in a
programme broadcast by a television or radio service provider; or
(c) on a
website as part of the news service of a television or radio service provider
or news agency,
is not a donation or a
third party’s election expense.
(2) The
exception in sub-paragraph (1) does not apply to an advertisement.
(3) Where
the publisher of a newspaper or periodical circulating in Jersey also publishes
a web-based edition of the newspaper or periodical, the reference in sub-paragraph (1)(a)
to the newspaper or periodical includes the web-based edition of it.
(4) Where
a television or radio service provider, in addition to broadcasting a
programme, makes the programme accessible by streaming or download from a
website, the reference in sub-paragraph (1)(b) to the broadcast programme
includes the programme as it may be accessed from a website.
8 Exception
for re-used goods
Where –
(a) goods
were supplied for use by a candidate or third party in an election (the
“previous election”);
(b) the
goods are used by the candidate or third party in a later election (the
“subsequent election”); and
(c) either –
(i) any
direct and notional expenses for their supply were taken into account in
determining, for the purposes of this Law or any Regulations that it replaced,
the amount of the candidate’s or third party’s election expenses in
relation to the previous election, or
(ii) the
previous election preceded the ordinary elections in 2008,
any direct and notional
expenses for the supply of the goods are neither a donation nor an election
expense in relation to the subsequent election.