If a benefit in kind is transferred or provided to the candidate, it only counts as notional spending if it is made use of by the candidate in their campaign, or by someone acting on their behalf.1
If a campaign activity in support of the candidate is carried out by someone else, it is not enough that the candidate has benefitted from the activity, has been told about it, or even has expressed their thanks to the person carrying it out.
A person only makes use of something on behalf of the candidate if that use has been directed, authorised, or encouraged by the candidate or any of their agents.2
‘Making use of’ the benefit in kind requires that there is some active involvement on the part of the candidate (or someone on their behalf) to make use of the goods or services being provided.
‘Making use of’ can include:
contributing personally – for example the candidate provides content for leaflets which the party then produces and delivers, thereby using the service provided by the party
arranging for someone else to contribute on your behalf – for example asking local party volunteers to help deliver leaflets that are provided by their party
Example
For example, a party sends one of their candidates some leaflets to use in the candidate’s campaign, but the candidate and their agent never deliver the leaflets.
In this example neither the candidate, nor someone on their behalf, has made use of the leaflets in their campaign. This is not notional spending. The costs for the leaflets should not be included in the candidate’s return as the leaflets were not used.