SCHEDULE 2Prescribed Offences, Restrictions and Requirements
Article 4(1)
PART 1Prescribed Offences
Provision creating offence | Offence |
---|---|
section 24(8)(1) | registration as treasurer where convicted of certain offences |
section 43(7) | failure to deliver statement relating to auditor’s resignation etc. |
section 47(1)(a)(2) | failure to deliver proper statement of accounts |
section 47(1)(b) | failure to deliver accounts within time limits |
section 54(7) | failure to provide information about donors |
section 56(3), (3B) or (4)(3) | failure to return donations |
section 65(3)(4) | failure to deliver donation reports to Commission within time limits |
section 65(4) | failure to comply with requirements for recording donations in donation report |
section 71L(1)(5) | registered party entering into regulated transaction with unauthorised participant |
section 71L(2) | treasurer of party entering into regulated transaction with unauthorised participant |
section 71L(3) | party liable if treasurer fails to repay money obtained under regulated transaction with unauthorised participant |
section 71L(4) | treasurer failing to repay money obtained under regulated transaction with unauthorised participant |
section 71L(5) | party benefiting from connected transaction to which an unauthorised participant is a party |
section 71L(6) | treasurer of registered party which benefits from connected transaction to which an unauthorised participant is a party |
section 71L(7) | party liable if treasurer fails to repay benefit obtained in consequence of security given by unauthorised participant |
section 71L(8) | treasurer failing to repay benefit obtained in consequence of security given by unauthorised participant |
section 71S(4)(6) | failure to deliver transaction reports to Commission within time limits |
section 71S(5) | failure to comply with requirements for recording transactions in transaction report |
section 74(4) | acceptance by ineligible person of office of deputy treasurer |
section 75(2) | incurring campaign expenditure without authority |
section 76(4)(a) | making payments in respect of campaign expenditure without authority |
section 76(4)(b) | failure to notify treasurer of payments in respect of campaign expenditure |
section 77(3)(a) | paying claim in respect of campaign expenditure where failure to comply with procedure |
section 77(3)(b) | paying claim in respect of campaign expenditure outside specified time period |
section 79(2) | exceeding limits on campaign expenditure |
section 82(4)(a) | failure of treasurer to deliver return and auditor’s report to Commission |
section 82(4)(b) | failure to comply with requirements for returns |
section 82(4)(c) | failure of treasurer to deliver return and court order to Commission |
section 83(3)(b) | failure to deliver signed declaration with return to Commission |
section 90(2) | incurring controlled expenditure without authority |
section 91(4)(a) | making payments in respect of controlled expenditure without authority |
section 91(4)(b) | failure to notify responsible person of payments in respect of controlled expenditure |
section 92(3)(a) | paying claim in respect of controlled expenditure where failure to comply with procedure |
section 92(3)(b) | paying claim in respect of controlled expenditure outside specified time period |
section 94(2) or (4) | exceeding limits on controlled expenditure |
section 98(4)(a) | failure of responsible person to deliver return and auditor’s report to Commission |
section 98(4)(b) | failure to comply with requirements for returns |
section 98(4)(c) | failure to deliver return and court order to Commission |
section 99(4)(b) | failure to deliver signed declaration with return to Commission |
section 113(2) | incurring referendum expenses without authority |
section 114(4)(a) | making payments in respect of referendum expenses without authority |
section 114(4)(b) | failure to notify responsible person of payments in respect of referendum expenses |
section 115(3)(a) | paying claim in respect of referendum expenses where failure to comply with procedure |
section 115(3)(b) | paying claim in respect of referendum expenses outside specified time period |
section 117(2) | individual (other than permitted participant) exceeding limits on referendum expenses |
section 117(3) or (4) | body (other than permitted participant) exceeding limits on referendum expenses |
section 118(2) | permitted participant exceeding limits on referendum expenses |
section 122(4)(a) | failure to deliver return and auditor’s report to Commission |
section 122(4)(b) | failure to comply with requirements for returns |
section 122(4)(c) | failure to deliver return and court order to Commission |
section 123(4)(b) | failure to deliver signed declaration with return to Commission |
section 126(8) and (9) | printing or publishing referendum material without details of printer or publisher |
section 143(8) or (9) | printing or publishing election material without details of printer or publisher |
section 148(2)(a) | failure to supply relevant person with information |
paragraph 1B of Schedule 7(7) | failure by members association to comply with requirement to appoint responsible person |
paragraph 6(5) of Schedule 7 | failure to provide information about donors |
paragraph 12(1) of Schedule 7(8) | failure to deliver donation report to Commission within time limit |
paragraph 12(2) of Schedule 7 | failure to comply with requirements for recording donations in donation reports |
paragraph 8(3) of Schedule 7A(9) | individual regulated participant failing to repay money obtained under controlled transaction with unauthorised participant |
paragraph 8(4) of Schedule 7A | responsible person failing to repay money obtained by members association under controlled transaction with unauthorised participant |
paragraph 8(7) of Schedule 7A | individual regulated participant failing to repay value of benefit obtained in consequence of connected transaction involving unauthorised participant |
paragraph 8(8) of Schedule 7A | responsible person failing to repay value of benefit obtained by members association in consequence of connected transaction involving unauthorised participant |
paragraph 12(1) of Schedule 7A | failure to deliver transaction report to Commission within time limit |
paragraph 12(2) of Schedule 7A | failure to comply with requirements for recording transactions on transaction reports |
paragraph 6(7) of Schedule 11 | failure to provide information about donors |
paragraph 6(8) of Schedule 15 | failure to provide information about donors |
paragraph 6(1) of Schedule 19A(10) | failure to give notification or report within specified period |
paragraph 6(2) of Schedule 19A | giving notification or report that fails to comply with requirements of that Schedule |
paragraph 13(1) of Schedule 19B(11) | failure to comply with investigation requirement |
Article 4(2)
PART 2Prescribed Restrictions and Requirements
Provision containing restriction or requirement | Restriction or requirement |
---|---|
section 31(1) or (3A)(12) | notification required to be given by the treasurer of a registered party |
section 34(3)(13) | requirement to submit annual notification of minor party details on time |
section 41(1) | requirement to keep accounts |
section 41(4) or (5) | requirement to maintain accounts for six years |
section 74(6) | requirement for the treasurer to notify the Commission of change of details |
paragraph 4(1) and (3) of Schedule 6 | requirement to give details of the nature and value of a non-cash donation |
Article 4(3)
PART 3Prescribed restrictions or requirements for which party or organisation may be liable for actions of an office holder or responsible person
Provision containing restriction or requirement | Restriction or requirement |
---|---|
section 31(1) or (3A) | notification required to be given by the treasurer of a registered party |
section 34(3) | requirement to submit annual notification of minor party details on time |
section 41(1) | requirement to keep accounts |
section 41(4) or (5) | requirement to maintain accounts for six years |
section 45(1) or (2)(14) | requirement to deliver any statement of accounts, notification or auditor’s report relating to a registered party or any accounting unit of such a party; |
section 65(1) or (2) | requirement to deliver any donation report relating to a registered party |
section 74(6) | requirement for the treasurer to notify the Commission of change of details |
section 82(1), (2) or (3) | requirement in relation to any return or auditor’s report relating to a registered party |
section 98(1), (2) or (3) | requirement in relation to any return or auditor’s report relating to a recognised third party |
section 122(1), (2) or (3) | requirement in relation to any return or auditor’s report relating to a permitted participant |
paragraph 4(1) and (3) of Schedule 6 | requirement in relation to any requirement to give details of the nature and value of a non-cash donation |
Section 24(8) is amended by paragraph 3 of the Schedule to S.I. 2004/366.
Section 47(1) is amended by section 13(2) of the Political Parties and Elections Act 2009 (c. 12).
Section 56(3B) is inserted by section 12 of the Political Parties and Elections Act 2009 (c. 12).
Section 65(3) and (4) is amended by section 13(3)(a) of and paragraph 17 of Schedule 6 to the Political Parties and Elections Act 2009 (c. 12).
Section 71L is inserted by section 61(1) of the Electoral Administration Act 2006 (c. 22).
Section 71S is inserted by section 61(1) of the Electoral Administration Act 2006 (c. 22) and subsections (4) and (5) are amended by section 13(4)(a) of the Political Parties and Elections Act 2009 (c. 12).
Paragraph 1B is inserted by section 14(3) of the Political Parties and Elections Act 2009 (c. 12).
Paragraph 12(1) and (2) is amended by paragraph 154(7) of Part 7 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and sections 13(5) and 14(4) of the Political Parties and Elections Act 2009 (c. 12).
Schedule 7A is inserted by paragraph 99 of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Paragraph 12(1) and (2) is amended by sections 13(6) and 16(3) of the Political Parties and Elections Act 2009 (c. 12).
Schedule 19A is inserted by Schedule 5 to the Political Parties and Elections Act 2009 (c. 12).
Schedule 19B is inserted by Schedule 1 to the Political Parties and Elections Act 2009 (c. 12).
Section 31(3A) is inserted by paragraph 6(b) of the Schedule to S.I. 2004/366.
Section 34(3) is amended by paragraph 143(2) of Part 7 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).
Section 45(1) is amended by section 54 of the Electoral Administration Act 2006 (c. 22).