Home > 4.7 European elections > MALTA - Act to Regulate the Formation, the Structures, Functioning and Financing of Political Parties and their Participation in Elections
 
 
 
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Article 2
 

In this Act, unless the context otherwise requires -


  "auditor" shall have the same meaning assigned to it in article 2 of the Accountancy Profession Act;


  "campaign expenditure" means expenses incurred within the parameters of article 46(1) of the Fourteenth Schedule of the General Elections Act, article 97 of the Third Schedule to the Local Councils Act and regulation 2 of the European Parliament Elections (Maximum Expenses) Regulations:


   Provided that in the computation of campaign expenditure, where a political party or candidate charges a fee for participation in political activities or forany goods or services made available at such activities the amount of any such fees charged and properly accounted for shall be deducted from the total amount of campaign expenditure;


    "candidate" means a person nominated for election to the House of Representatives, a local council or to the European Parliament, whether such person is standing as a member of a political party or not;


    "Commission" means the Electoral Commission established in accordance with article 60 of the Constitution;


    "donation" means any benefit received in furtherance of the activities or functions of a political party, by or on behalf of a political party, by a member of a political party, a candidate or by any organisation, whether corporate or otherwise, in which the political party, directly or indirectly exercises effective management and control and shall include, unless otherwise provided:


(a) any gift of money or other property;


(b) any sponsorship;


(c )any money spent by a donor or donors, as the case may be, in paying any expenses incurred directly or indirectly, by or on behalf of a political party, a member of a political party or candidate;


(d) any loan given on terms more favourable than ordinary commercial terms prevalent at the time when the loan was made;


(e) the cost price to the provider of property or services given otherwise than on commercial terms or below the market value:


     Provided that property of whatever nature devolving to a political party causa mortis and voluntary and unpaid work whether manual, clerical or professional of any kind done for the benefit of a political party by its own members or by persons involved in the political party's activities or campaigns, shall not be considered as a donation for the purposes of this definition;


     "election" means:


(a) a general election for members of the House of Representatives held in accordance with articles 52 and 56 of the Constitution of Malta; or


(b) an election held in accordance with the Local Councils Act; or


(c) an election held in accordance with the European Parliament Elections Act;


     "European Parliament election period" means a period of six weeks before the date fixed for the European Parliament elections in accordance with article 5 of the European Parliament Elections Act;


      "financial year" means a period of twelve months with fixed dates for their beginning and their completion;


       "general election period" means the period:


(a) beginning with the date on which the President of Malta dissolves Parliament, by Proclamation; and


 (b) ending with the date of the result of the poll;


      "local council election period" means a period of six weeks before the date fixed in article 8(6) of the Local Councils Act;


      "member of a political party" means a person who is a registered member of a political party in accordance with the requirements and formalities as provided in the statute of the political party;


       "Minister" means the Minister responsible for Justice;


       "nomination paper" means the application by a political party, a member of a political party or candidate, for names to be inserted in the election lists; and


       "political party" means a free association of persons, the aims of which include the participation in the formation of the political will of the people by securing the election of one or more of its members to the House of Representatives, the European Parliament or Local Council, and ensuring a continuing active relationship between the people and the state institutions.