Guidance for Candidates and Agents at Scottish Parliament elections

After the election, agents for constituency candidates and independent regional candidates should make sure that:  

• all invoices are received no later than 21 days after the election result is declared1
• all invoices are paid no later than 28 calendar days after the election result is declared2
• an election spending return reporting details of the candidate’s spending and donations, together with a declaration confirming the return is complete and correct to the best of their knowledge and belief, is reported to the relevant Returning Officer no later than 35 days after the election result is declared3

Please note that if any deadline falls on a weekend or public holiday, the deadline will move to the next working day.4  This is included within the following deadline calculations. 

All candidates must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.5

Constituency candidates and independent regional candidates must also send the relevant Returning Officer a declaration confirming that the return is complete and correct to the best of their knowledge and belief. This must be done within seven working days of the return being submitted.6

Party list candidates must also submit a declaration to the Regional Returning Officer confirming their personal expenses within 35 days of the result being declared.7

If the candidate is outside the United Kingdom when the declaration is due, the deadline for submitting their declaration is extended to 14 days after they come back.8

You must still submit a return even if you haven’t spent any money.9  This is called a nil return.

There are consequences for failure to submit spending returns and these are set out in What happens if a spending return or declaration isn’t submitted?

Invoices received or paid outside of the deadlines  

Invoices for your candidate spending that are received by the election agent later than the deadline of 21 days are known in the legislation as ‘unpaid claims’. 

Unpaid claims cannot legally be paid unless a court order is gained granting leave to pay the claim.10  It can be an offence to pay an unpaid claim without a court order.11

Invoices that were submitted within the deadline of 21 days but remain unpaid later than the deadline of 28 days are known in the legislation as ‘disputed claims’.  

Disputed claims cannot legally be paid without a court order first being gained granting leave to pay the claim.12

Any claim paid:  

• after the 21 day deadline for receipt, or  
• after the 28 day deadline for payments

following a successful application to the court and after the deadline for submission of election spending returns, must be reported in writing to the returning officer within seven days of payment and be accompanied by a copy of the court order.13

You should also forward a copy of the Order to the Electoral Commission.