(1)  A party or candidate is not eligible for any payment (other than advance payments) under this Part in respect of an Assembly general election, or an Assembly by-election, while any failure to lodge –

(a) under section 49 a donation declaration; or

(b) under section 71 any Assembly election campaign return; or

(c) under section 84 any Council election campaign return –

for a past period continues in respect of the party or candidate.

(2)  If the Commission is authorised under section 30 to recover an amount from a party (or party agent in relation to the party) or a candidate, the Commission may deduct the amount from any payment (other than an advance payment) under this Part.