136Entitlements to advance payments

136 Entitlements to advance payments

(1)  A registered party is, subject to and in accordance with this Act, eligible for an advance payment, from the Election Campaigns Fund, for electoral expenditure incurred, in respect of an Assembly general election, during the election campaign period in relation to the election, of an amount determined in accordance with subsection (2) .

(2)  The amount payable, by way of advance payment, is an amount equal to 50% of the total amount to which the registered party was entitled under this Part in respect of the previous Assembly general election.

(3)  The amount payable by way of an advance payment under this section in respect of an Assembly general election may be paid, as a lump sum or by way of instalments, at any time after the beginning of the election campaign period in relation to the election.

(4)  Any amount paid to a registered party by way of advance payment under this section in respect of an Assembly general election is to be deducted from the amount payable under this Part to the party from the Election Campaigns Fund in respect of that Assembly general election.

(5)  If a registered party receives an amount, by way of advance payment under this section in respect of an Assembly general election, in excess of the amount, if any, to which it becomes entitled under this Part from the Election Campaigns Fund in respect of that Assembly general election, the amount of the excess must be repaid to the Commission within 60 days after the day for the return of the writs for that Assembly general election.

(6)  Any amount received by a registered party by way of advance payment under this section in respect of an Assembly general election must be repaid, on demand by the Commission, to the Commission, if –

(a) the party does not contest the Assembly general election; or

(b) before the polling day for the Assembly general election, the party ceases to operate or be registered or it has been, or is being, dissolved or wound up.

(7)  Any amount required to be repaid under this section may be recovered by the Commission as a debt in any court of competent jurisdiction.