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Part VIU.K. Controls relating to third party national election campaigns

Chapter IIU.K. Financial controls

[F1Quarterly and weekly reports of donations to recognised third partiesU.K.

Textual Amendments

95AQuarterly donation reportsU.K.

(1)The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a pre-dissolution period, prepare a report about reportable donations (“a quarterly report”).

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A “pre-dissolution period” means a period—

(a)beginning with the [F3day that is the fourth anniversary of the day on which the Parliament then in existence first met], and

(b)ending with the day before the day F4... on which Parliament is dissolved.

[F5(3A)In a case where the pre-dissolution period is 3 months or less, the reporting period is the pre-dissolution period.

(3B)In a case where the pre-dissolution period is more than 3 months, the reporting periods are—

(a)the period of 3 months beginning with the first day of the pre-dissolution period,

(b)any succeeding period of 3 months falling within the pre-dissolution period, and

(c)any final period of less than 3 months falling within that period.]

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A quarterly report must comply with the requirements of Schedule 11A.

(7)A “reportable donation” means a relevant donation (within the meaning of Schedule 11) which—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is accepted, or is dealt with in accordance with section 56(2) (as applied by paragraph 7 of Schedule 11), by the recognised third party during the reporting period.

(8)A quarterly report must be delivered to the Commission by the responsible person within the period of 30 days beginning with the end of the reporting period to which it relates.

(9)The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief—

(a)all reportable donations (if any) recorded in the report as having been accepted by the recognised third party are from permissible donors, and

(b)there are no reportable donations which are required to be recorded in the report in accordance with Schedule 11A which are not so recorded.

(10)This section does not require the preparation of a quarterly report in respect of a reporting period if no reportable donations are accepted, or dealt with, as described in subsection (7)(b), by the recognised third party during that period.

[F9(10A)This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.]

F10(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

95BWeekly donation reports during general election periodsU.K.

(1)The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a general election period, prepare a report about substantial donations (“a weekly report”).

(2)The reporting periods are—

(a)the period of 7 days beginning with the first day of the general election period,

(b)each succeeding period of 7 days falling within the general election period, and

(c)any final period of less than 7 days falling within that period.

(3)A “general election period” means the period—

(a)beginning with the day on which Parliament is dissolved for a parliamentary general election, and

(b)ending with the date during a qualifying regulated period which is the date of the poll for that election.

(4)A weekly report must comply with the requirements of Schedule 11A.

(5)A “substantial donation” means a relevant donation of a substantial value which is received by the recognised third party during the reporting period in respect of the relevant election or elections the poll or polls for which take place during the qualifying regulated period.

(6)A relevant donation is “of a substantial value” if its value (as determined in accordance with paragraph 5 of Schedule 11) is more than £7,500.

(7)A weekly report must be delivered to the Commission by the responsible person within the period of 7 days beginning with the end of the reporting period to which it relates.

(8)The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief, no substantial donations have been received by the recognised third party during the reporting period which are required to be recorded in the report in accordance with Schedule 11A and are not so recorded.

(9)This section does not require the preparation of a weekly report in respect of a reporting period if no substantial donations are received by the recognised third party during that period.

(10)In this section—

[F11(10A)This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.]

F12(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

95CRelated offencesU.K.

(1)The responsible person in relation to a recognised third party commits an offence if, without reasonable excuse, the responsible person—

(a)fails to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7),

(b)delivers a quarterly or weekly report to the Commission without the accompanying declaration required under section 95A(9) or 95B(8), or

(c)delivers a quarterly or weekly report to the Commission which does not comply with the requirements of Schedule 11A.

(2)The responsible person in relation to a recognised third party commits an offence if the person knowingly or recklessly makes a false declaration under section 95A(9) or 95B(8).

95DForfeitureU.K.

(1)The court may, on an application made by the Commission, order the forfeiture by a recognised third party of an amount equal to the value of a relevant donation where the court is satisfied that—

(a)a failure by the responsible person to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7), or

(b)the delivery by the responsible person of a quarterly or weekly report which fails to comply with a requirement of Schedule 11A,

was attributable to an intention on the part of any person to conceal the existence or true amount of the donation.

(2)The standard of proof in proceedings on an application under this section is that applicable to civil proceedings.

(3)A forfeiture order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

(4)In this section “the court” means—

(a)in relation to England and Wales, a magistrates' court;

(b)in relation to Scotland, the sheriff;

(c)in relation to Northern Ireland, a court of summary jurisdiction.

(5)Proceedings on an application under this section to the sheriff are civil proceedings.

(6)Sections 59 and 60 (appeals etc against forfeiture orders) apply for the purposes, or in connection with the operation, of this section in relation to a recognised third party as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.

(7)In this section “relevant donation” has the same meaning as in Schedule 11.

[F13(8)This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.]

Textual Amendments

95ESections 95A to 95D: supplementaryU.K.

(1)This section applies where the requirements in section 95A or 95B to prepare quarterly or weekly reports in the case of a pre-dissolution period or a general election period have effect in relation to a recognised third party.

(2)If the third party's notification under section 88(1) lapses during the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party—

(a)in respect of the reporting period in which the notification lapses, and

(b)in respect of each reporting period (if any) which preceded that period and which falls within the pre-dissolution period or the general election period.

(3)If the third party's notification under section 88(1) lapses at or after the end of the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party in the case of that period.

(4)In a case where subsection (2) or (3) applies, references in sections 95A to 95D to the responsible person are to be read, for the purposes of, or in connection with, the discharge of obligations of the responsible person under those sections, as references to the person who was the responsible person in relation to the recognised third party immediately before the notification lapsed.

(5)In this section—

(a)“pre-dissolution period” and “reporting period”, in relation to a quarterly report, have the same meaning as in section 95A, and

(b)“general election period” and “reporting period”, in relation to a weekly report, have the same meaning as in section 95B.

95FPublic inspection of reportsU.K.

(1)Where the Commission receive a quarterly or weekly report under section 95A or 95B, they must—

(a)as soon as reasonably practicable after receiving the report, make a copy of the report, and of any documents accompanying it, available for public inspection, and

(b)keep any such copy available for public inspection for the period for which the report or other document is kept by them.

(2)The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any donation by an individual, the donor's address.

(3)At the end of the period of 2 years beginning with the date when any report or other document mentioned in subsection (1) is received by the Commission—

(a)they may cause the report or other document to be destroyed, but

(b)if requested to do so by the responsible person in relation to the third party concerned, they must arrange for the report or other document to be returned to that person.]