Search Legislation

Political Parties, Elections and Referendums Act 2000

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Political Parties, Elections and Referendums Act 2000 is up to date with all changes known to be in force on or before 19 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Section 1.

SCHEDULE 1E+W+S+N.I. The Electoral Commission

Status of Commission and their propertyE+W+S+N.I.

1(1)The Commission shall not be regarded—E+W+S+N.I.

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The property of the Commission shall not be regarded as property of, or property held on behalf of, the Crown.

PowersE+W+S+N.I.

2The Commission may do anything (except borrow money) which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.E+W+S+N.I.

Term of office etc. of Electoral CommissionersE+W+S+N.I.

3(1)Subject to the provisions of this paragraph, an Electoral Commissioner shall hold office as such Commissioner—E+W+S+N.I.

(a)for the period for which he is appointed, and

(b)otherwise in accordance with the terms of his appointment.

(2)The period for which an Electoral Commissioner is appointed shall be the period specified in relation to him in the address pursuant to which he is appointed.

(3)[F1Subject to sub-paragraph (3A), an Electoral Commissioner] shall cease to hold office on the occurrence of any of the following events—

(a)he consents to being nominated as a candidate at a relevant election (within the meaning of Part II) or to being included in a registered party’s list of candidates at such an election;

(b)he takes up any office or employment in or with—

(i)a registered party or any accounting unit of such a party,

(ii)a recognised third party (within the meaning of Part VI), F2...

(iii)a permitted participant (within the meaning of Part VII)[F3, or

(iv)an accredited campaigner within the meaning of Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule)]

(c)he is named as a donor in [F4

(i)the register of donations reported under Chapter 3 or 5 of Part 4,

(ii)any quarterly or weekly report delivered to the Commission under section 95A or 95B, or

(iii)any statement of donations included in a return delivered to the Commission under section 98 or 122 [F5or in a recall petition return delivered to a petition officer under paragraph 6 of Schedule 5 to the Recall of MPs Act 2015] ;]

[F6(ca)he is named as a participant in the register of recordable transactions reported under Part 4A;]

(d)he becomes a member of a registered party.

[F7(3A)Paragraph (d) of sub-paragraph (3) does not apply to a nominated Commissioner (within the meaning of section 3A).]

(4)An Electoral Commissioner may be removed from office by Her Majesty in pursuance of an Address from the House of Commons.

(5)No motion shall be made for such an Address unless the Speaker’s Committee have presented a report to the House of Commons stating that the Committee are satisfied that one or more of the following grounds is made out in the case of the Electoral Commissioner in question—

(a)he has failed to discharge the functions of his office for a continuous period of at least 3 months;

(b)he has failed to comply with the terms of his appointment;

(c)he has been convicted of a criminal offence;

(d)he is an undischarged bankrupt or his estate has been sequestrated in Scotland and he has not been discharged;

[F8(da)a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);]

(e)he has made an arrangement or composition contract with, or has granted a trust deed for, his creditors;

(f)he is otherwise unfit to hold his office or unable to carry out its functions.

(6)A motion for such an Address shall not be made on the ground mentioned in sub-paragraph (5)(a) if more than 3 months have elapsed since the end of the period in question.

(7)An Electoral Commissioner may be relieved of his office by Her Majesty at his own request.

(8)In this paragraph “registered party” includes, in relation to times before the appointed day for the purposes of Part II of this Act, a party registered under the M1Registration of Political Parties Act 1998.

[F9(9)In this paragraph, sub-paragraph (5)(da) does not extend to Gibraltar.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Sch. 1 para. 3(3) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 27(2)(a)

F6Sch. 1 para. 3(3)(ca) inserted (11.9.2006) by Electoral Administration Act 2006, (c. 22), ss. 74(1), 77(2), {Sch. 1 para. 152}; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(j) (subject to art. 4, Sch. 2)

Marginal Citations

Term of office etc. of Commission chairmanE+W+S+N.I.

4(1)Subject to the provisions of this paragraph, the chairman of the Commission shall hold office as such chairman—E+W+S+N.I.

(a)for the period for which he is appointed, and

(b)otherwise in accordance with the terms of his appointment.

(2)The period for which a person is appointed as chairman of the Commission shall be the period specified in relation to him in the address pursuant to which he is appointed.

(3)The chairman of the Commission may be relieved of his office of chairman by Her Majesty at his own request.

(4)If the chairman of the Commission ceases to be an Electoral Commissioner, he also ceases to be chairman.

Electoral Commissioners: salary etc.E+W+S+N.I.

5(1)There shall be paid to an Electoral Commissioner such remuneration, and any such allowances or expenses, as may be specified in a resolution of the House of Commons.E+W+S+N.I.

(2)If a resolution of the House of Commons so provides in the case of any person who is an Electoral Commissioner or former Electoral Commissioner—

(a)such amounts shall be paid towards the provision of superannuation benefits for or in respect of him as may be specified in the resolution;

(b)(in the case of a former Electoral Commissioner) such pension shall be paid to or in respect of him as may be so specified.

(3)A resolution for the purposes of this paragraph may—

(a)specify the amounts to be paid;

(b)provide that the amounts to be paid shall be the same as, or calculated on the same basis as, those payable to or in respect of a person employed in a specified office under, or in a specified capacity in the service of, the Crown;

(c)specify the amounts to be paid and provide for them to be increased by reference to such variables as may be specified in the resolution;

(d)have the effect of making different provision for different Electoral Commissioners or former Electoral Commissioners.

(4)A resolution for the purposes of this paragraph may take effect from the date on which it is passed or from any earlier or later date specified in the resolution.

(5)Any amount payable under this paragraph (other than by way of expenses) shall be charged on and issued out of the Consolidated Fund.

(6)Any amount payable under this paragraph by way of expenses shall be paid by the Commission.

(7)In this paragraph “pension” includes allowance and gratuity.

Deputy Electoral Commissioners: term of office etc.E+W+S+N.I.

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Assistant Electoral CommissionersE+W+S+N.I.

7(1)The Commission may appoint one or more Assistant Electoral Commissioners to inquire into, and report to the Commission F11... on, such matters as the Commission F11... think fit.E+W+S+N.I.

(2)A person may not be appointed as an Assistant Electoral Commissioner if he is [F12prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner].

(3)An Assistant Electoral Commissioner shall—

(a)be appointed either for a fixed term or for the purposes of a particular inquiry; and

(b)(subject to sub-paragraph (4)) hold and vacate office in accordance with the terms of his appointment.

(4)An Assistant Electoral Commissioner shall cease to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3).

(5)The Commission shall pay an Assistant Electoral Commissioner such remuneration, and any such allowances or expenses, as may be provided for by or under the terms of his appointment.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F12Words in Sch. 1 para. 7(2) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 27(3)

CommitteesE+W+S+N.I.

8(1)The Commission may establish F13... any committees which the Commission consider appropriate.E+W+S+N.I.

(2)Any committee of the Commission established under sub-paragraph (1) may establish one or more sub-committees.

(3)A person shall not be a member of a committee or sub-committee established under this paragraph unless he is an Electoral Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Delegation to committeesE+W+S+N.I.

9(1)The Commission may delegate functions of the Commission (to such extent as the Commission may determine) to any committee of the Commission established under paragraph 8(1).E+W+S+N.I.

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A committee of the Commission established under paragraph 8(1) may delegate functions of the committee (to such extent as the committee may determine) to any sub-committee of the committee.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Procedure and proceedingsE+W+S+N.I.

10(1)The Commission shall regulate their own procedure, and the procedure of their committees and sub-committees F15..., including the quorum for meetings.E+W+S+N.I.

(2)The validity of any proceedings of the Commission, or of any of their committees or sub-committees, shall not be affected by—

(a)any vacancy among the members of the Commission, or of the committee or sub-committee, or

(b)any defect in the appointments of any such member.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

StaffE+W+S+N.I.

11(1)The Commission—E+W+S+N.I.

(a)shall appoint a chief executive, and

(b)may appoint such other staff as the Commission consider necessary to assist them and their committees in the performance of their functions.

(2)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to [F17paragraph 11A(4)] , the staff of the Commission shall be appointed on such terms and conditions as the Commission may determine; and the Commission shall pay their staff such remuneration as may be provided for by or under their terms of appointment.

(4)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining the terms and conditions of staff under sub-paragraph (3) above, the Commission shall have regard to the desirability of keeping the remuneration and other terms and conditions of employment of its staff broadly in line with those applying to persons employed in the civil service of the State.

(6)Service as an officer or employee of the Commission shall be included in the kinds of employment to which a scheme under section 1 of the M2Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (which lists the kinds of employment to which a scheme can apply), the following entry shall be inserted at the end of the list of “ Royal Commissions and other Commissions ”

Electoral Commission.

(7)The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the M3Superannuation Act 1972.

(8)No member of the staff of the Commission shall be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(9)The Secretary of State may appoint a person to be the Commission’s chief executive until such time as the first person to be appointed by the Commission as their chief executive takes up office; and until such time as the Commission have appointed their own staff the Secretary of State may appoint persons to serve as members of the Commission’s staff.

(10)Until such time as the Commission may determine, the Commission’s chief executive appointed under sub-paragraph (9) may incur expenditure and do other things in the name and on behalf of the Commission, whether or not the membership of the Commission has yet to be constituted in accordance with section 1.

(11)The power conferred by sub-paragraph (10) shall be exercisable by that person subject to and in accordance with any directions given to him by the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17Words in Sch. 1 para. 11(3) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 27(4)(b)

Marginal Citations

[F18Political restrictions on staffE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F18Sch. 1 paras. 11A, 11B inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 7(2), 43(1)(5)(b) (with s. 7(3))

11A(1)A person may not be appointed as a member of the staff of the Commission if the person—E+W+S+N.I.

(a)is an officer or employee of a registered party or of any accounting unit of such a party;

(b)holds a relevant elective office (within the meaning of Schedule 7);

(c)has at any time within the relevant period (see sub-paragraph (2))—

(i)been such an officer or employee as is mentioned in paragraph (a), or

(ii)held such an office as is mentioned in paragraph (b), or

(iii)been named as a donor in the register of donations reported under Chapter 3 or 5 of Part 4, or

(iv)been named as a participant in the register of recordable transactions reported under Part 4A.

(2)The relevant period is—

(a)in relation to appointment as chief executive of the Commission, the last five years;

(b)in relation to appointment to a post on the staff of the Commission that is designated by a notice in force under paragraph 11B, the period (immediately preceding the appointment) specified by the notice;

(c)in relation to appointment as any other member of the staff of the Commission, the last 12 months.

(3)A member of a registered party may not be appointed as chief executive of the Commission.

(4)The appointment of any member of the staff of the Commission shall terminate—

(a)in the case of the chief executive, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3);

(b)in any other case, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (ca) of paragraph 3(3).

11B(1)The chief executive of the Commission may by giving notice to the Speaker's Committee—E+W+S+N.I.

(a)designate a particular post on the staff of the Commission, and

(b)specify as the relevant period for that post, for the purposes of paragraph 11A(2)(b), a period of two years or more,

if the chief executive reasonably believes that it is necessary to do so in order to maintain public confidence in the effectiveness of the Commission in carrying out any of its functions.

(2)The period specified under sub-paragraph (1)(b) may not be more than five years.

(3)In deciding what that period should be, the chief executive of the Commission shall take into account—

(a)the level of seniority of the post;

(b)how likely it is that any holder of the post will be required to deal with politically sensitive matters.

(4)Each notice under sub-paragraph (1) must relate to only one post.

(5)A notice under sub-paragraph (1)—

(a)has effect from the day on which it is received by the Speaker's Committee, and

(b)(subject to sub-paragraphs (6) and (7)) expires at the end of the period of three years beginning with that day.

(6)Sub-paragraph (5)(b) does not prevent a further notice being given under sub-paragraph (1) in relation to the post in question, either—

(a)before the previous notice would have expired, or

(b)at any time after the expiry of the previous notice.

A further notice received by the Speaker's Committee before the previous notice would have expired supersedes the previous notice.

(7)If the chief executive of the Commission gives notice (a “cancellation notice”) to the Speaker's Committee cancelling a notice under sub-paragraph (1), the notice under that sub-paragraph ceases to have effect—

(a)on the day on which the cancellation notice is received by the Speaker's Committee, or

(b)(if later) on such date as may be specified in the cancellation notice.

(8)Before giving a notice under this paragraph the chief executive of the Commission shall consult the Speaker's Committee.

(9)The Commission shall publish, in such manner as they consider appropriate, information setting out the effect of all notices under sub-paragraph (1) that are in force at any particular time.]

Delegation to staffE+W+S+N.I.

12Each of the following—E+W+S+N.I.

(a)the Commission,

(b)any committee of the Commission F19...,

(c)any sub-committee of such a committee, and

(d)the Commission’s chief executive,

may delegate functions of theirs or his (to such extent as they or he may determine) to the Commission’s staff (either generally or otherwise).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Delegation and contracting-out of superannuation functionsE+W+S+N.I.

13(1)Section 1(2) of the M4Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc.) shall have effect as if the reference to an officer of the Crown other than a Minister included the Commission’s chief executive.E+W+S+N.I.

(2)Any administration function conferred on the Commission’s chief executive under section 1(2) of the M5Superannuation Act 1972 (as it has effect in accordance with sub-paragraph (1)) may be exercised by (or by employees of) such person as may be authorised in that behalf by the Commission’s chief executive.

(3)For the purposes of this paragraph an “administration function” is a function of administering schemes—

(a)made under section 1 of the M6Superannuation Act 1972, and

(b)from time to time in force.

(4)An authorisation given by virtue of sub-paragraph (2) may authorise the exercise of an administration function—

(a)either wholly or to such extent as may be specified in the authorisation;

(b)either generally or in such cases as may be so specified; and

(c)either unconditionally or subject to the fulfilment of such conditions as may be so specified.

(5)An authorisation given by virtue of sub-paragraph (2)—

(a)shall be treated for all purposes as if it were given by virtue of an order under section 69 of the M7Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders);

(b)may be revoked at any time by the Commission (as well as by the chief executive).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Financing of CommissionE+W+S+N.I.

14(1)The expenditure of the Commission, so far as it cannot be met out of income received by the Commission, shall be met, in accordance with this paragraph, out of money provided by Parliament (except so far as it is—E+W+S+N.I.

(a)reimbursed by the Secretary of State under section 18(9) or the Scottish Ministers in pursuance of section [F2013A] , 19(11) or 145(6); F21. . .

[F22(b)met by the Welsh Ministers in pursuance of section 5(3) or 20(12); or

(c)met by the National Assembly for Wales Commission under Schedule 2 paragraph 6 to the Government of Wales Act 2006.]

(2)For each financial year (other than the Commission’s first financial year) the Commission shall prepare, and submit to the Speaker’s Committee, an estimate of the Commission’s income and expenditure.

(3)The Speaker’s Committee shall—

(a)examine each such estimate submitted to them; and

(b)decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c)if they are not so satisfied, shall make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency.

(4)Before deciding whether they are so satisfied or making any such modifications, the Speaker’s Committee shall—

(a)have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 16 and to any recommendations contained in that report; and

(b)consult the Treasury and have regard to any advice which the Treasury may give.

(5)The Speaker’s Committee shall, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.

(6)If the Speaker’s Committee, in the discharge of their functions under this paragraph—

(a)do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b)do not follow any advice given to them by the Treasury, or

(c)make any modification to the estimate,

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

(7)The Secretary of State may by order provide for the transfer to the Commission of such property, rights and liabilities—

(a)to which he is entitled or subject, and

(b)which are specified in the order,

as he considers appropriate in connection with the establishment of the Commission.

(8)Such an order may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of any such property, rights or liabilities otherwise than by the order.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Word in Sch. 1 para. 14(1)(a) substituted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 16(4), 21(1); S.S.I. 2011/277, art. 2(b)

F21Word in Sch. 1 para. 14(1)(a) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 98(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F22Sch. 1 para. 14(1)(b)(c) substituted for Sch. 1para. 14(1)(b) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 98(3) (with Sch. 1 para. 98(4)), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

Modifications etc. (not altering text)

C1Sch. 1 para. 14(1) modified (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), ss. 28(2), 36

C2Sch. 1 para. 14(2) excluded (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), ss. 29(5), 36

Five-year planE+W+S+N.I.

15(1)When the Commission submit to the Speaker’s Committee such an estimate as is mentioned in paragraph 14 [F23in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election,] the Commission shall also submit to the Committee a plan prepared by the Commission setting out the Commission’s—E+W+S+N.I.

(a)aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and

(b)estimated requirements for resources during that five-year period.

[F24(1A)The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submit such an estimate as is mentioned in paragraph 14 in respect of a financial year other than one mentioned in that sub-paragraph.]

(2)The Speaker’s Committee shall—

(a)examine each plan submitted to them;

(b)decide whether they are satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c)if they are not so satisfied, shall make such modifications to the plan as they consider appropriate for the purpose of achieving such consistency.

(3)Before deciding whether they are so satisfied or making any such modifications, the Speaker’s Committee shall—

(a)have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 16 and to any recommendations contained in that report; and

(b)consult the Treasury and have regard to any advice which the Treasury may give.

(4)The Speaker’s Committee shall, after concluding their examination and making their modifications (if any) to the plan, lay the plan before the House of Commons.

(5)If the Speaker’s Committee, in the discharge of their functions under this paragraph—

(a)do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b)do not follow any advice given to them by the Treasury, or

(c)make any modification to the plan,

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F25Examination] of Commission by Comptroller and Auditor GeneralE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

16(1)For the purpose of assisting the Speaker’s Committee to discharge their functions under paragraphs 14 and 15 [F26in respect of any year when both an estimate under paragraph 14 and a five-year plan under paragraph 15 are submitted to them,] the Comptroller and Auditor General shall [F27before the Committee consider the estimate and plan]E+W+S+N.I.

(a)carry out an examination into the economy, efficiency or effectiveness (or, if he so determines, any combination thereof) with which the Commission have used their resources in discharging their functions (or, if he so determines, any particular functions of theirs);

(b)report to the Speaker’s Committee the results of the examination; and

(c)include in his report such recommendations as he considers appropriate in the light of the examination.

(2)Section 8 of the M8National Audit Act 1983 (right to obtain documents and information) shall apply in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Marginal Citations

AccountsE+W+S+N.I.

17(1)The Commission shall keep proper accounting records.E+W+S+N.I.

(2)The Commission shall, for each financial year, prepare accounts in accordance with directions given to the Commission by the Treasury.

(3)The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—

(a)the information to be contained in the accounts and the manner in which it is to be presented,

(b)the methods and principles in accordance with which the accounts are to be prepared, and

(c)the additional information (if any) that is to accompany the accounts.

AuditE+W+S+N.I.

18(1)The accounts prepared by the Commission for any financial year shall be submitted by the Commission to—E+W+S+N.I.

(a)the Comptroller and Auditor General, and

(b)the Speaker’s Committee,

as soon after the end of the financial year as may be practicable.

(2)The Comptroller and Auditor General shall—

(a)examine and certify any accounts submitted to him under this paragraph, and

(b)lay before each House of Parliament a copy of the accounts as certified by him together with his report on them.

Accounting officerE+W+S+N.I.

19(1)The Speaker’s Committee shall designate a member of the Commission’s staff to be the Commission’s accounting officer.E+W+S+N.I.

(2)The Commission’s accounting officer shall have, in relation to the Commission’s accounts and finances, the responsibilities that are from time to time specified by the Speaker’s Committee.

(3)In this paragraph references to responsibilities include in particular—

(a)responsibilities in relation to the signing of accounts;

(b)responsibilities for the propriety and regularity of the Commission’s finances; and

(c)responsibilities for the economy, efficiency and effectiveness with which the Commission’s resources are used.

(4)The responsibilities which may be specified under this paragraph include responsibilities owed to the Commission, the Speaker’s Committee or the House of Commons or its Committee of Public Accounts.

(5)In this paragraph any reference to the Public Accounts Committee of the House of Commons shall, if—

(a)the name of the Committee is changed, or

(b)the functions of the Committee at the passing of this Act (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons,

be taken to be references to the Committee by its new name or (as the case may be) to the committee by whom the functions are for the time being exercisable.

(6)The Secretary of State may designate any member of the Commission’s staff or other person to be the Commission’s accounting officer until such time as the first designation made under sub-paragraph (1) takes effect.

ReportsE+W+S+N.I.

20(1)The Commission shall, as soon after the end of each financial year as may be practicable, prepare and lay before each House of Parliament a report about the performance of the Commission’s functions during that financial year.E+W+S+N.I.

(2)The Commission shall, on so laying such a report, publish the report in such manner as they determine.

[F28(3)The functions referred to in sub-paragraph (1) do not include the Commission's functions under Part 1 in relation to local government elections in Scotland.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C3Sch. 1 para. 20(1) restricted (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), ss. 27(5), 36

[F2920A(1)The Commission must, as soon after the end of each financial year as may be practicable, prepare and lay before the Scottish Parliament a report about the performance of the functions mentioned in sub-paragraph (3) during that financial year.S

(2)On laying the report, the Commission must publish the report in such manner as they may determine.

(3)The functions are the Commission's functions under Part 1 in relation to local government elections in Scotland.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Notification of Commission regulationsE+W+S+N.I.

21(1)If the Commission make any regulations, they must give a copy to the Secretary of State without delay.E+W+S+N.I.

(2)If the Commission alter or revoke any regulations, they must give notice to the Secretary of State without delay.

(3)Notice of an alteration must include details of the alteration.

Regulation-making instrumentsE+W+S+N.I.

22(1)Any power conferred on the Commission to make regulations is exercisable in writing.E+W+S+N.I.

(2)An instrument by which regulations are made by the Commission (“a regulation-making instrument”) must specify the provision under which the regulations are made.

(3)To the extent to which a regulation-making instrument does not comply with sub-paragraph (2), it is void.

(4)Immediately after a regulation-making instrument is made, it must be printed and made available to the public.

(5)The Commission may charge a reasonable fee for providing a person with a copy of a regulation-making instrument.

(6)A person is not to be taken to have contravened any regulation made by the Commission if he shows that at the time of the alleged contravention the regulation-making instrument concerned had not been made available in accordance with this paragraph.

(7)Any power of the Commission to make regulations includes power to make different provision for different cases.

Verification of regulationsE+W+S+N.I.

23(1)The production of a printed copy of a regulation-making instrument purporting to be made by the Commission—E+W+S+N.I.

(a)on which is endorsed a certificate signed by a member of the Commission’s staff authorised by the Commission for that purpose, and

(b)which contains the required statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

(2)The required statements are—

(a)that the instrument was made by the Commission;

(b)that the copy is a true copy of the instrument; and

(c)that on a specified date the instrument was made available to the public in accordance with paragraph 22(4).

(3)A certificate purporting to be signed as mentioned in sub-paragraph (1) is to be taken to have been properly signed unless the contrary is shown.

(4)A person who wishes in any legal proceedings to rely on a regulation-making instrument may require the Commission to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (1).

Documentary evidenceE+W+S+N.I.

24A document purporting to be—E+W+S+N.I.

(a)duly executed under the seal of the Commission, or

(b)signed on behalf of the Commission F30...,

shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

InterpretationE+W+S+N.I.

25In this Schedule “delegate” includes further delegate.E+W+S+N.I.

Section 2.

SCHEDULE 2E+W+S+N.I. The Speaker’s Committee

ReportsE+W+S+N.I.

1(1)The Speaker’s Committee shall, at least once in each year, make to the House of Commons a report on the exercise by the Committee of their functions.E+W+S+N.I.

(2)For the purposes of the law of defamation the publication of any matter by the Speaker’s Committee in making such a report shall be absolutely privileged.

Term of office of Committee membersE+W+S+N.I.

2(1)In this paragraph “appointed member” means a member of the Speaker’s Committee other than—E+W+S+N.I.

(a)the Speaker of the House of Commons;

(b)the member who is the Chairman of the Home Affairs Committee of the House of Commons; or

(c)the member who is the [F31Minister for the Cabinet Office].

(2)An appointed member shall cease to be a member of the Speaker’s Committee if—

(a)he ceases to be a Member of the House of Commons; or

(b)another person is appointed to be a member of the Committee in his place.

(3)An appointed member may resign from the Committee at any time by giving notice to the Speaker.

(4)Subject to sub-paragraphs (2) and (3), an appointed member shall be a member of the Committee for the duration of the Parliament in which he is appointed.

(5)An appointed member may be re-appointed (or further re-appointed) to membership of the Committee.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Committee proceedingsE+W+S+N.I.

3(1)The Speaker’s Committee may determine their own procedure.E+W+S+N.I.

(2)The validity of any proceedings of the Committee shall not be affected by—

(a)any vacancy among, or

(b)any defect in the appointment of any of,

the members of the Committee.

(3)The Committee may appoint a member of the Committee to act as chairman at any meeting of the Committee in the absence of the Speaker.

Prospective

Section 16.

SCHEDULE 3E+W+S+N.I. Transfer of functions of Boundary Commissions

F32Part IE+W+S+N.I. Amendments of Parliamentary Constituencies Act 1986

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F32 PreliminaryE+W+S+N.I.

F321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32 Duty to keep under review, and report on, parliamentary representationE+W+S+N.I.

F322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32 Functions of Boundary CommitteesE+W+S+N.I.

F323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32 Implementation of Commission’s reportsE+W+S+N.I.

F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32 Notices relating to proposed reports or recommendationsE+W+S+N.I.

F325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32 Local inquiriesE+W+S+N.I.

F326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F32 Rules for redistribution of seatsE+W+S+N.I.

F327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Part IIE+W+S+N.I. Amendments of other Acts

Government of Wales Act 1998 (c. 38)E+W+S+N.I.

8F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F33Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

9F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F34Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

10F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F35Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

11F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F36Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

12F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F37Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

13F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F38Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

14F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F39Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

15F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F40Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

16F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F41Sch. 3 paras. 8-16 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

Scotland Act 1998 (c. 46)E+W+S+N.I.

17F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F42Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

18F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

19F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

20F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F45Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

21F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F46Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

22F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F47Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

23F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F48Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

24F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F49Sch. 3 paras. 17-24 repealed (22.7.2004) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(5)

Sections 28, 30, 31 and 33.

SCHEDULE 4E+W+S+N.I. Applications under Part II

Part IE+W+S+N.I. Application for registration

IntroductoryE+W+S+N.I.

1(1)Paragraphs 2 to 7 must be complied with in relation to an application under section 28.E+W+S+N.I.

(2)Such an application must be accompanied by any fee prescribed by order made by the Secretary of State.

(3)In the following provisions of this Part of this Schedule “an application” means an application under section 28.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

NamesE+W+S+N.I.

2(1)An application for registration in the Great Britain register must specify either—E+W+S+N.I.

(a)a name to be the party’s registered name, or

(b)a name in Welsh and a name in English to be the party’s registered names.

(2)If a name to be registered in that register is in a language other than English or Welsh, the application must include an English translation.

(3)An application for registration in the Northern Ireland register must specify either—

(a)a name to be the party’s registered name, or

(b)a name in Irish and a name in English to be the party’s registered names.

(4)If a name to be registered in that register is in a language other than English or Irish, the application must include an English translation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

HeadquartersE+W+S+N.I.

3(1)An application must specify—E+W+S+N.I.

(a)the address of the party’s headquarters, or

(b)if the party has no headquarters, an address to which communications to the party may be sent.

(2)Where the party is a party with accounting units, any reference to the party in sub-paragraph (1) above is to be read as a reference to the central organisation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Registered officersE+W+S+N.I.

4(1)An application must give the name and home address of each of the following—E+W+S+N.I.

(a)a person to be registered as the party’s leader;

(b)a person to be registered as the party’s nominating officer;

(c)a person to be registered as the party’s treasurer.

(2)If the application is for the party to be registered as a party with a campaigns officer, the application must also give the name and home address of a person to be registered as the party’s campaigns officer.

(3)If the person to be registered as the party’s leader is (as mentioned in section 24(2)) the leader of the party for some particular purpose, the application must specify that purpose.

(4)If one person is named in an application as leader, nominating officer and treasurer, the application must also give the name and home address of the holder of some other specified office in the party.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Party organisationE+W+S+N.I.

5(1)An application must be accompanied by—E+W+S+N.I.

(a)a copy of the party’s constitution (within the meaning of section 26); and

(b)a draft of the scheme which the party proposes to adopt for the purposes of section 26 if approved by the Commission under that section.

(2)Where the party is a party with accounting units, the application must state in relation to each accounting unit—

(a)the name of the accounting unit and of its treasurer and of the officer to be registered for the purposes of section 27(3), and

(b)the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Additional informationE+W+S+N.I.

6An application must include any other information prescribed by regulations made by the Commission.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

SignatureE+W+S+N.I.

7(1)An application must be signed—E+W+S+N.I.

(a)by the proposed registered leader or registered nominating officer,

(b)by the proposed registered treasurer, and

(c)(if the application is for the party to be registered as a party with a campaigns officer) by the proposed registered campaigns officer,

and must include a declaration by each person signing the application that he is authorised to sign it on behalf of the party.

(2)An application may be signed by the same person in his capacity as proposed registered leader or registered nominating officer and in his capacity as proposed registered treasurer or as proposed registered campaigns officer, but in that case it must be apparent from the application that he is signing it in both of those capacities.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part IIE+W+S+N.I. Application for alteration of entry

IntroductoryE+W+S+N.I.

8(1)Paragraph 9 and (if applicable) paragraph 10 must be complied with in relation to an application under section 30.E+W+S+N.I.

(2)Such an application must be accompanied by any fee prescribed by order made by the Secretary of State.

(3)In paragraphs 9 and 10 “an application” means an application under section 30.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

SignatureE+W+S+N.I.

9(1)Subject to sub-paragraph (3), an application must be signed by the responsible officers of the party.E+W+S+N.I.

(2)For the purposes of this paragraph “the responsible officers” are—

(a)the registered leader;

(b)the registered nominating officer;

(c)the registered treasurer;

(d)where the leader, the nominating officer and the treasurer are the same person, any other registered officer.

(3)If any responsible officer is unable to sign an application—

(a)the holder of some other office in the party may sign in his place, and

(b)the application must include a statement of the reason why the responsible officer is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Details of campaigns officerE+W+S+N.I.

10If an application is for the addition of a statement that the party is registered as a party with a campaigns officer, the application must—E+W+S+N.I.

(a)give the name and home address of the person who is to be registered as the party’s campaigns officer; and

(b)be accompanied by a declaration of acceptance of office signed by that person.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part IIIE+W+S+N.I. Application for registration of replacement officer

IntroductoryE+W+S+N.I.

11(1)Paragraphs 12 and 13 must be complied with in relation to an application under section 31(3)(a).E+W+S+N.I.

(2)In paragraphs 12 and 13 “an application” means an application under section 31(3)(a).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Details of replacement etc. officersE+W+S+N.I.

12(1)If as a result of an application one person will be registered as leader, nominating officer and treasurer, the application must request the addition of the name of the holder of some other specified office in the party.E+W+S+N.I.

(2)If an application requests—

(a)the substitution of the name of a leader, nominating officer, treasurer or other officer, or

(b)an addition in accordance with sub-paragraph (1),

the application must give the home address of the person whose name is to be substituted or added.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

SignatureE+W+S+N.I.

13(1)Subject to sub-paragraph (3), an application must be signed by—E+W+S+N.I.

(a)each person (other than the person to be registered in pursuance of the application) who is one of the responsible officers of the party; and

(b)the person who is to be so registered.

(2)For the purposes of this paragraph “the responsible officers” has the same meaning as in paragraph 9.

(3)If any such person as is mentioned in sub-paragraph (1)(a) is unable to sign an application—

(a)the holder of some other office in the party may sign in his place, and

(b)the application must include a statement of the reason why the person in question is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part IVE+W+S+N.I. Application for removal of entry

SignatureE+W+S+N.I.

14Paragraph 9 above shall apply in relation to an application under section 33 as it applies in relation to an application under section 30.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 4 wholly in force at 16.2.2001; Sch. 4 partly in force at Royal Assent, see s. 163(3); Sch. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Section 49.

SCHEDULE 5E+W+S+N.I. Accounting units: application of accounting requirements

IntroductoryE+W+S+N.I.

1(1)This Schedule provides for the application of sections 41 to 48 in a case where a registered party is a party with accounting units.E+W+S+N.I.

(2)For the purposes of this Schedule all or any of the following are financial matters relating to a party or (as the case may be) an accounting unit, namely—

(a)its transactions and financial position; and

(b)its assets and liabilities.

(3)For the purposes of this Schedule, and any provision as applied by this Schedule, an accounting unit’s financial year is the same as that of the party.

(4)In this Schedule “treasurer”, in relation to an accounting unit, means the person specified in the Great Britain or Northern Ireland register as the unit’s treasurer.

(5)If any question arises under this Schedule as to whether, in relation to any matter, anything falls to be done by the treasurer of a party or by the treasurer of an accounting unit, it shall be determined by the Commission.

Accounting recordsE+W+S+N.I.

2(1)Section 41—E+W+S+N.I.

(a)shall not impose any duty on the treasurer of the party in relation to any financial matters relating to any accounting unit; but

(b)shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the keeping and preservation of proper accounting records with respect to financial matters relating to the unit.

(2)In its application in relation to an accounting unit, section 41(5) shall be read as if the reference to the last treasurer of the party were to the last treasurer of the unit.

Annual statements of accountsE+W+S+N.I.

3(1)Section 42—E+W+S+N.I.

(a)shall not impose any duty on the treasurer of the party in relation to any financial matter relating to any accounting unit; but

(b)shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the preparation, in respect of each financial year, of a statement of accounts relating to financial matters relating to the unit.

(2)In its application in relation to any such statement of accounts, section 42(2)(b) shall be read as requiring approval—

(a)by the management committee of the unit, if there is one; and

(b)otherwise by an officer of the unit other than its treasurer.

(3)In its application in relation to a party with accounting units or (as the case may be) to any accounting unit, section 42(4)(a) shall be read as if the reference to the gross income or total expenditure of the party were—

(a)to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or

(b)to the gross income or total expenditure of the unit,

as the case may be.

Annual auditsE+W+S+N.I.

4(1)Section 43 shall apply in relation to any accounting unit and its treasurer as it applies in relation to the party and its treasurer.E+W+S+N.I.

(2)In its application in relation to the party or (as the case may be) to any accounting unit, section 43(1) or (2) shall be read as if the reference to the gross income or total expenditure of the party were—

(a)to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or

(b)to the gross income or total expenditure of the unit,

as the case may be.

Supplementary provisions about auditorsE+W+S+N.I.

5(1)Section 44 shall apply in relation to any accounting unit and the treasurer, or any other officer, of any such unit as it applies in relation to the party and the treasurer, or any other officer, of the party.E+W+S+N.I.

(2)In sub-paragraph (1) any reference to a treasurer or other officer includes a former treasurer or other officer.

Submission of statements of accounts etc. to CommissionE+W+S+N.I.

6(1)In the case of any accounting unit whose gross income or total expenditure in a financial year exceeds £25,000, section 45 shall (except so far as it relates to any notification under section 32) apply in relation to the accounting unit and the treasurer of the unit as it applies in relation to the party and the treasurer of the party.E+W+S+N.I.

(2)If the Commission in the case of any other accounting unit at any time so require by notice in relation to any financial year, the treasurer of the unit shall no later than the relevant date send the Commission—

(a)the statement of accounts prepared for that year in accordance with paragraph 3, and

(b)if the unit’s accounts for that year have been audited in accordance with paragraph 4, a copy of the auditor’s report.

(3)In sub-paragraph (2) “the relevant date” means—

(a)if the unit’s accounts for the financial year are not required to be audited in accordance with paragraph 4, the end of the period of three months from the end of that year or (if later) the end of the period of 30 days beginning with the day when the requirement under sub-paragraph (2) is imposed;

(b)if the unit’s accounts for that year are required to be so audited, the end of the period of six months from the end of that year or (if later) the end of the period of three months beginning with the date when the requirement under sub-paragraph (2) is imposed.

(4)If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this paragraph for sending a unit’s documents within sub-paragraph (2) for any financial year, by notice extend that period by a further period specified in the notice.

(5)Any reference to section 45 in any of sections 46 to 48 (as they apply in accordance with this Schedule) shall be read as including a reference to sub-paragraph (2) above.

Public inspection of parties’ statements of accountsE+W+S+N.I.

7Section 46 shall apply in relation to any statement of accounts received by the Commission from an accounting unit as it applies in relation to a statement of accounts received by them from the party.E+W+S+N.I.

Criminal penalty for failure to submit proper statement of accounts etc.E+W+S+N.I.

8(1)Subject to sub-paragraph (2), section 47 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.E+W+S+N.I.

(2)In a case where paragraph 6(2) applies—

(a)subsection (4) of section 47 shall not apply, and

(b)the relevant period for the purposes of that section (as it applies in accordance with sub-paragraph (1) above) shall instead be the period allowed by paragraph 6(2) and (3) for sending the statement of accounts or auditor’s report to the Commission or, if that period has been extended under paragraph 6(4), that period as so extended.

Revision of statement of accountsE+W+S+N.I.

9(1)Subject to sub-paragraph (2), section 48 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.E+W+S+N.I.

(2)In its application in relation to any such unit—

(a)section 48(7) shall have effect with the omission of the reference to the registered leader of the party; and

(b)section 48(8) shall accordingly have effect with the omission of paragraphs (a) and (b) and all references to the registered leader of the party.

Sections 62 and 63.

SCHEDULE 6E+W+S+N.I. Details to be given in donation reports

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5Sch. 6 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

PreliminaryE+W+S+N.I.

1(1)In this Schedule—E+W+S+N.I.

(a)quarterly report” means a report required to be prepared by virtue of section 62;

(b)weekly report” means a report required to be prepared by virtue of section 63;

and “recordable donation”, in relation to a quarterly or weekly report, means a donation required to be recorded in that report.

(2)References in this Schedule to a registered party shall, in the case of a party with accounting units, be read as references to the central organisation of the party.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Prospective

[F50Declarations as to source of donation [F51or as to whether residence etc condition satisfied ]E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F50Sch. 6 para. 1A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(5), 43

F51Words in heading before Sch. 6 para. 1A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 10(6)(a), 43

1A[F52(1)]In relation to each recordable donation in the case of which a declaration under section 54A has been given, a quarterly or weekly report must either—E+W+S+N.I.

(a)state that no reason was found to think that the declaration was untruthful or inaccurate, or

(b)give details of any respects in which the declaration was found or suspected to be untruthful or inaccurate.

[F53(2)In relation to each recordable donation in the case of which a declaration under section 54B has been given, a quarterly report must either—

(a)state that no reason was found for thinking that the declaration was incorrect, or

(b)give details of any respects in which the declaration was found or suspected to be incorrect.]]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F52Sch. 6 para. 1A renumbered (prosp.) as Sch. 6 para. 1A(1) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 10(6)(b), 43

F53Sch. 6 para. 1A(2) inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), s. 10(6)(b), 43

Identity of donors: quarterly reportsE+W+S+N.I.

2(1)In relation to each recordable donation (other than one to which paragraph [F542A,] 6 or 7 applies) a quarterly report must give the following information about the donor—E+W+S+N.I.

(a)the information required by any of sub-paragraphs (2) to (10), (12) and (13) below; and

(b)such other information as may be required by regulations made by the Secretary of State after consulting the Commission;

or, in the case of a donation falling within sub-paragraph (11) below, the information required by that sub-paragraph.

(2)In the case of an individual the report must give his full name and—

(a)if his address is, at the date of receipt of the donation, shown in an electoral register (within the meaning of section 54) [F55or the Gibraltar register] , that address; and

(b)otherwise, his home address (whether in the United Kingdom or elsewhere).

F56(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Sub-paragraph (2) does not apply in the case of a donation in the form of a bequest, and in such a case the report must state that the donation was received in pursuance of a bequest and give—

(a)the full name of the person who made the bequest; and

(b)his address at the time of his death or, if he was not then registered in an electoral register (within the meaning of section 54) [F57or the Gibraltar register] at that address, the last address at which he was so registered during the period of five years ending with the date of his death.

F58(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F59(3B)Sub-paragraph (2) applies in the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraphs (a) and (b) there were substituted state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).

(3C)Sub-paragraph (3) applies in the case of a donation in the form of a bequest by a person who either—

(a)at the time of his death, or

(b)at any time in the period of five years ending with the date of his death,

had an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), as if for paragraph (b) there were substituted—

(b)a statement that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual had—

(i)at the time of his death, or

(ii)at any time in the period of five years ending with the date of his death,

an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983).]

(4)In the case of a company falling within section 54(2)(b) [F60or 54(2A)(b)] the report must give—

(a)the company’s registered name;

(b)the address of its registered office; and

(c)the number with which it is registered.

(5)In the case of a registered party the report must give—

(a)the party’s registered name; and

(b)the address of its registered headquarters.

F61(6)In the case of a trade union falling within section 54(2)(d) [F62or 54(2A)(d)] the report must give—

(a)the name of the union, and

(b)the address of its head or main office,

as shown in the list kept under the M9Trade Union and Labour Relations (Consolidation) Act 1992 or the M10Industrial Relations (Northern Ireland) Order 1992[F63 or the [F64Trade Unions and Trade Disputes Act]].

(7)In the case of a building society within the meaning of the M11Building Societies Act 1986, F65[F66... the report must give—

(a)the name of the society; and

(b)the address of its principal office.

(8)In the case of a F67... partnership falling within section 54(2)(f) [F68or 54(2A)(f)] , the report must give—

(a)the partnership’s registered name; and

(b)the address of its registered office.

(9)In the case of a friendly or other registered society falling within section 54(2)(g) the report must give—

(a)the name of the society, and

(b)the address of its registered office.

(10)In the case of an unincorporated association falling within section 54(2)(h) [F69or 54(2A)(g)] the report must give—

(a)the name of the association; and

(b)the address of its main office in the United Kingdom [F70or Gibraltar] .

(11)In the case of a payment to which section 55(2) applies the report must give the statutory or other provision under which it was made.

(12)In the case of a donation to which section 55(3) applies, the report must give the full name and address of the donor.

(13)In the case of a donation to which section 55(5) [F71or 55(5A)] applies, the report must state that the donation was received from a trustee, and—

(a)in the case of a donation falling within section 162(2), give—

(i)the date on which the trust was created, and

(ii)the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before 27th July 1999, and

(b)in the case of a donation falling within section 162(3) [F72or 162(3A)] , give in respect of—

(i)the person who created the trust, and,

(ii)every other person by whom, or under whose will, property has been transferred to the trust,

the information which is required by any of sub-paragraphs (2) to (10) to be given in respect of the donor of a recordable donation.

(14)In this Act or the Representation of the M12People Act 1983 any reference (however expressed) to information about the donor of a donation which is framed by reference to this paragraph is, in relation to such a donation as is mentioned in paragraph (a) or (b) of sub-paragraph (13), a reference to information about every person specified in paragraph (a) or (b) of that sub-paragraph.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F59Sch. 6 para. 2(3B)(3C) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77(2), Sch. 1 para. 26; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6, Sch. 2)

F61By The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 16(4)(a), it is provided (30.1.2009) that after the words "Order 1992" in Sch. 6 para. 2(6) there be inserted the words "as registered in accordance with"

Modifications etc. (not altering text)

C7Sch. 6 para. 2(3B)(3C) amendment by 2006 c. 22, Sch. 1 para. 26 extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

Commencement Information

I16Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

[F732AIn relation to each recordable donation that is an Irish donation a quarterly report must comply with the following requirements of this paragraph.E+W+S+N.I.

(2)Irish donation” means a donation made in reliance on section 71B(1)(a) or (b) (extension of categories of permissible donors in relation to Northern Ireland recipients).

(3)The report must record the fact that the donation is an Irish donation.

(4)In the case of a donation by an Irish citizen the report must also—

(a)give the donor's full name, and

(b)be accompanied by one of the following documents—

(i)a copy of the donor's Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii)a copy of the donor's certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii)a copy of the donor's certificate of naturalisation certified by the Department of Foreign Affairs of Ireland,

but this sub-paragraph does not apply to a donation in the form of a bequest.

(5)In the case of a donation in the form of a bequest the report must also—

(a)state that the donation was received in pursuance of a bequest;

(b)give the full name of the person who made the bequest; and

(c)be accompanied by either one of the documents listed in sub-paragraph (4)(b)(i) to (iii) or a statement by the Department of Foreign Affairs of Ireland that documentation submitted to that Department following the death of the person who made the bequest would have been acceptable in support of an application for an Irish passport had it been submitted when he was alive.

(6)In the case of a donation by a company the report must also give—

(a)the company's registered name;

(b)the address of its registered office; and

(c)the number with which it is registered.

(7)In the case of a donation by a political party the report must also give—

(a)the party's registered name; and

(b)the address of its registered headquarters.

(8)In the case of a donation by a trade union the report must also give—

(a)the name of the trade union; and

(b)the address of its head or main office.

(9)In the case of a donation by a building society the report must also give—

(a)the name of the society; and

(b)the address of its principal office.

(10)In the case of a donation by a limited liability partnership the report must also give—

(a)the partnership's registered name; and

(b)the address of its registered office.

(11)In the case of a donation by a friendly society [F74, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969,] the report must also give—

(a)the name of the society; and

(b)the address of its registered office.

(12)In the case of a donation by an unincorporated association the report must also—

(a)give the name of the association;

(b)give the address of its main office in Ireland; and

(c)be accompanied by a statement made by a solicitor currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.

(13)In the case of a donation received in accordance with the terms of a trust the report must also—

(a)state that the donation was received from a trustee;

(b)give the date on which the trust was created;

(c)give the address of the trust's office; and

(d)give, in relation to any settlor, the information that is required to be given under sub-paragraphs (4) to (12) of this paragraph.

(14)Settlor” means—

(a)the person who created the trust; and

(b)every other person by whom, or under whose will, property has been transferred into the trust.

(15)In the case of a trust created before 1st November 2007 sub-paragraph (13)(d)—

(a)does not require the report to give any information in relation to the person who created the trust apart from his name;

(b)does not require the report to give any information in relation to any other person by whom, or under whose will, property has been transferred into the trust before 1st November 2007.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Identity of donors: weekly reportsE+W+S+N.I.

3[F75(1)]In relation to each recordable donation a weekly report must give all such details of the name and address of the donor as are for the time being known to the party.E+W+S+N.I.

[F76(2)In the case of a donation by a person who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), instead of giving details of the address of the donor the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person has such an entry.

(3)In the case of a donation in the form of a bequest by a person who either—

(a)at the time of his death, or

(b)at any time in the period of five years ending at the date of his death,

had such an entry, instead of giving details of the address of the donor, the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the person had, at that time, such an entry.]

[F77(4)This paragraph does not apply in relation to a recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F75Sch. 6 para. 3 renumbered (E.W.S.) (1.1.2007) as Sch. 6 para. 3(1) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77(2), Sch. 1 para. 27; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to art. 6, Sch. 2)

Modifications etc. (not altering text)

C8Sch. 6 para. 3(1) amendment by 2006 c. 22, Sch. 1 para. 27 extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

C9Sch. 6 para. 3(2)(3) amendment by 2006 c. 22, Sch. 1 para. 27 extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

Commencement Information

I17Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F783A In relation to each recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)) a weekly report must—

(a)record the fact that the donation is an Irish donation; and

(b)give the name of the donor.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F78Sch. 6 para. 3A inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501, art. 5, Sch. 1 para. 4(2)

Value of donationE+W+S+N.I.

4(1)In relation to each recordable donation a quarterly or weekly report must give the following details about the donation.E+W+S+N.I.

(2)If the donation was a donation of money (in cash or otherwise) the report must give the amount of the donation.

(3)Otherwise the report must give details of the nature of the donation and its value as determined in accordance with section 53.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Circumstances in which donation madeE+W+S+N.I.

5(1)In relation to each recordable donation a quarterly or weekly report must—E+W+S+N.I.

(a)give the relevant date for the donation; and

(b)(in the case of a quarterly report)—

(i)state whether the donation was made to the registered party or any accounting unit of the party; or

(ii)in the case of a donation to which section 62(12) applies, indicate that it is a donation which falls to be treated as made to the party by virtue of that provision.

(2)In the case of a donation to which section 55(3) applies, the report must in addition give—

(a)the date or dates on or between which the visit to which the donation relates took place, and

(b)the destination and purpose of the visit.

(3)For the purposes of this paragraph as it applies to a quarterly report, the relevant date for a donation is—

(a)(if within section 62(4)(a) or (7)(a)) the date when the donation was accepted by the party or the accounting unit;

(b)(if within section 62(4)(b) or (7)(b)) the date when the donation was accepted by the party or the accounting unit which caused the aggregate amount in question to be more than the limit specified in that provision;

(c)(if within section 62(9)) the date when the donation was received.

(4)For the purposes of this paragraph as it applies to a weekly report, the relevant date for a donation is the date when the donation was received by the party or its central organisation as mentioned in section 63(3).

[F79(5)Where a quarterly report to which this sub-paragraph applies includes a donation which was received by a Northern Ireland recipient, or an accounting unit of a Northern Ireland recipient, before 1 July 2017, the report must give the date on which the donation was received.

(6)Sub-paragraph (5) applies to a quarterly report in respect of a period beginning on or after 1 January 2018.

(7)In this paragraph, “Northern Ireland recipient” means a party registered in the Northern Ireland register.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I19Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F80Application of reporting requirementE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F80Sch. 6 para. 5A and preceding cross-heading inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para 153; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

5AIf the requirement to record the donation arises only because the value of the donation has, for the purposes of section 62(4) or (6), been aggregated with the value of any relevant transaction or transactions (within the meaning of section 71M), a quarterly report must contain a statement to that effect.]E+W+S+N.I.

Donations from impermissible donorsE+W+S+N.I.

6In relation to each recordable donation to which section 54(1)(a) applies a quarterly report must—E+W+S+N.I.

(a)give the name and address of the donor; and

(b)give the date when, and the manner in which, the donation was dealt with in accordance with section 56(2)(a).

[F81(c)if the donation is a Gibraltar donation (within the meaning of section 57A), record that fact.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I20Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Donations from unidentifiable donorsE+W+S+N.I.

7In relation to each recordable donation to which section 54(1)(b) applies a quarterly report must give—E+W+S+N.I.

(a)details of the manner in which it was made,

(b)details of any element of deception or concealment employed by the donor of which the registered party or any accounting unit of the party became aware and the means by which it was revealed; and

(c)the date when, and the manner in which, the donation was dealt with in accordance with section 56(2)(b).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Other detailsE+W+S+N.I.

8A quarterly or weekly report must give such other information (if any) as is required by regulations made by the Commission.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 6 wholly in force at 16.2.2001; Sch. 6 partly in force at Royal Assent, see s. 163(3); Sch. 6 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F82SCHEDULE 6AE+W+S+N.I.Details to be given in transaction reports

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F82Sch. 6A inserted (11.9.2006 for E.W.S. for specified purposes, 1.1.2007 for N.I. for specified purposes, 1.7.2008 for N.I. for specified purposes, 15.9.2014 for N.I. in so far as not already in force) by Electoral Administration Act 2006 (c. 22), ss. 61(5), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2006/3412, art. 4 (subject to art. 6, Sch. 2); S.I. 2008/1656, art. 2 (subject to art. 3, Sch.); S.I. 2014/1809, art. 2

PreliminaryE+W+S+N.I.

1(1)In this Schedule—E+W+S+N.I.

(a)quarterly report” means a report required to be prepared by virtue of section 71M;

(b)weekly report” means a report required to be prepared by virtue of section 71Q;

and “recordable transaction”, in relation to a quarterly or weekly report, means a transaction required to be recorded in that report.

(2)References in this Schedule to a registered party must, in the case of a party with accounting units, be read as references to the central organisation of the party.

Prospective

[F83Declaration as to whether residence etc condition satisfiedE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F83Sch. 6A para. 1A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 11(3), 43

1AIn relation to each recordable transaction in the case of which a declaration under section 71HZA has been given, a quarterly report must either—E+W+S+N.I.

(a)state that no reason was found to think that the declaration was incorrect, or

(b)give details of any respects in which the declaration was found or suspected to be incorrect.]

Identity of authorised participants: quarterly reportsE+W+S+N.I.

2(1)In relation to each recordable transaction [F84(other than one to which paragraph 2A applies)], a quarterly report must give the following information about each authorised participant (other than the registered party deriving the benefit of the transaction) that is required by any of sub-paragraphs (2) to (10).E+W+S+N.I.

(2)In the case of an individual the report must give his full name and—

(a)if his address is, at the date the transaction is entered into, shown in an electoral register (within the meaning of section 54) [F85or the Gibraltar register], that address, and

(b)otherwise, his home address (whether in the United Kingdom or elsewhere).

(3)Sub-paragraph (2) applies in the case of an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983 [F86or corresponding provisions forming part of the law of Gibraltar]) as if for paragraphs (a) and (b) there were substituted “ state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) ”.

(4)In the case of a company falling within section 54(2)(b) [F87or section 54(2A)(b)] the report must give—

(a)the company's registered name,

(b)the address of its registered office, and

(c)the number with which it is registered.

(5)In the case of a registered party the report must give—

(a)the party's registered name, and

(b)the address of its registered headquarters.

(6)In the case of trade union falling within section 54(2)(d) [F88or section 54(2A)(d)] the report must give—

(a)the name of the union, and

(b)the address of its head or main office,

as shown in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 [F89or as registered in accordance with the Trade Unions and Trade Disputes Act].

(7)In the case of a building society within the meaning of the Building Societies Act 1986 F90... the report must give—

(a)the name of the society, and

(b)the address of its principal office.

(8)In the case of a F91... partnership falling within section 54(2)(f) [F92or section 54(2A)(f)] the report must give—

(a)the partnership's registered name, and

(b)the address of its registered office.

(9)In the case of a friendly or other registered society falling within section 54(2)(g) the report must give—

(a)the name of the society, and

(b)the address of its registered office.

(10)In the case of an unincorporated association falling within section 54(2)(h) [F93or section 54(2A)(g)] the report must give—

(a)the name of the association, and

(b)the address of its main office in the United Kingdom [F94or Gibraltar, as the case may be].

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

[F952A(1) In relation to each recordable transaction that is an Irish transaction a quarterly report must comply with the following requirements of this paragraph in relation to each authorised participant (other than the registered party deriving the benefit of the transaction).E+W+S+N.I.

(2)Irish transaction” means a transaction which is entered into in reliance on section 71Z1(1)(a) or (b) (extension of categories of authorised participants in relation to Northern Ireland participants).

(3)The report must record the fact that the transaction is an Irish transaction.

(4)In the case of a participant who is an Irish citizen the report must also—

(a)give the participant's full name, and

(b)be accompanied by one of the following documents—

(i)a copy of the participant's Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii)a copy of the participant's certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii)a copy of the participant's certificate of naturalisation certified by the Department of Foreign Affairs of Ireland.

(5)In the case of a participant who is a company the report must also give—

(a)the company's registered name;

(b)the address of its registered office; and

(c)the number with which it is registered.

(6)In the case of a participant who is a political party the report must also give—

(a)the party's registered name; and

(b)the address of its registered headquarters.

(7)In the case of a participant who is a trade union the report must also give—

(a)the name of the trade union; and

(b)the address of its head or main office.

(8)In the case of a participant who is a building society the report must also give—

(a)the name of the society; and

(b)the address of its principal office.

(9)In the case of a participant who is a limited liability partnership the report must also give—

(a)the partnership's registered name; and

(b)the address of its registered office.

(10)In the case of a participant who is a friendly society [F96, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969,] the report must also give—

(a)the name of the society; and

(b)the address of its registered office.

(11)In the case of a participant who is an unincorporated association the report must also—

(a)give the name of the association;

(b)give the address of its main office in Ireland; and

(c)be accompanied by a statement made by a firm of solicitors currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F96Words in Sch. 6A para. 2A(10) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 78 (with Sch. 5)

Identity of authorised participants: weekly reportsE+W+S+N.I.

3(1)In relation to each recordable transaction, a weekly report must give all such details of the name and address of each authorised participant (other than the registered party deriving the benefit from the transaction) as are for the time being known to the party.E+W+S+N.I.

(2)In the case of a participant who is an individual having an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983 [F97or corresponding provisions forming part of the law of Gibraltar]) instead of giving details of the address of the individual the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an entry.

[F98(3)This paragraph does not apply in relation to a recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F993A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)), a weekly report must—

(a)give all such details of the name of each authorised participant who is a party to the transaction (other than the registered party deriving the benefit from the transaction) as are for the time being known to the registered party; and

(b)record the fact that the transaction is an Irish transaction.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Identity of unauthorised participantsE+W+S+N.I.

4[F100(1)]In relation to each recordable transaction to which a person who is not an authorised participant is a party, a quarterly or weekly report must give—E+W+S+N.I.

(a)the name and address of the person;

(b)the date when, and the manner in which, the transaction was dealt with in accordance with subsections (3) to (5) of section 71I or those subsections as applied by section 71I(6) or 71J(2).

[F101(2)This paragraph does not apply in relation to a recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F1024A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)) to which a person who is not an authorised participant is a party, a quarterly or weekly report must—

(a)give the name of the person;

(b)record the fact that the transaction is an Irish transaction; and

(c)give the date when, and the manner in which, the transaction was dealt with in accordance with subsections (3) to (5) of section 71I or those subsections as applied by section 71I(6) or 71J(2).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Details of transactionE+W+S+N.I.

5(1)In relation to each recordable transaction a report must give the following details about the transaction.E+W+S+N.I.

(2)A quarterly or weekly report must give the nature of the transaction (that is to say, whether it is a loan, a credit facility or an arrangement by which any form of security is given).

(3)A quarterly or weekly report must give the value of the transaction (determined in accordance with section 71G) or, in the case of a credit facility or security to which no limit is specified, a statement to that effect.

(4)A quarterly or weekly report must give the relevant date for the transaction (determined in accordance with paragraph 8).

(5)If the requirement to record the transaction arises only because the value of the transaction has, for the purposes of section 71M(4) or (7), been aggregated with the value of any relevant donation or donations (within the meaning of section 62), a quarterly report must contain a statement to that effect.

(6)A quarterly report must—

(a)state whether the transaction was entered into by the registered party or any accounting unit of the party, or

(b)in the case of a transaction to which section 71M(12) applies, indicate that it is a transaction which falls to be treated as made to the party by virtue of that provision.

6(1)In relation to each recordable transaction of a description mentioned in section 71F(2) or (3), a quarterly or weekly report must give the following details about the transaction.E+W+S+N.I.

(2)The report must give—

(a)the date when the loan is to be repaid or the facility is to end (or a statement that the loan or facility is indefinite), or

(b)where that date is to be determined under the agreement, a statement of how it is to be so determined.

(3)The report must give—

(a)the rate of interest payable on the loan or on sums advanced under the facility (or a statement that no interest is payable), or

(b)where that rate is to be determined under the agreement, a statement of how it is to be so determined.

(4)The report must state whether the agreement contains a provision which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility.

(5)The report must state whether any form of security is given in respect of the loan or the sums advanced under the facility.

7(1)In relation to each recordable transaction of a description mentioned in section 71F(4)(b), a quarterly or weekly report must give the following details about the transaction.E+W+S+N.I.

(2)The report must—

(a)if the transaction mentioned in section 71F(4)(a) is a regulated transaction, identify that transaction by reference to the transaction report in which it is recorded;

(b)in any other case, give a description of the principal features of that transaction.

(3)Where the security given consists in or includes rights over any property, the report must state the nature of that property.

(4)The report must—

(a)if the person giving the security receives from the registered party any consideration for giving the security, give a statement of that consideration;

(b)in any other case, state that no such consideration is received.

8(1)For the purposes of paragraph 5(4) as it applies to a quarterly report, [F103but subject to sub-paragraphs (1A) and (1B),] the relevant date for a transaction is—E+W+S+N.I.

(a)if the transaction is within section 71M(4)(a) or (7)(a), the date when the transaction was entered into by the party or the accounting unit;

(b)if the transaction is within section 71M(4)(b) or (7)(b), the date when the party or the accounting unit entered into the transaction which caused the aggregate amount in question to be more than the limit specified in that provision.

[F104(1A)For the purposes of paragraph 5(4) as it applies to a quarterly report in respect of a period beginning on or after 1 January 2018, the relevant date for a transaction to which this sub-paragraph applies is the date on which the transaction was entered into.

(1B)Sub-paragraph (1A) applies to a transaction which—

(a)is entered into by a Northern Ireland participant, or an accounting unit of a Northern Ireland participant, before 1 July 2017, and

(b)is within section 71M(9).

(1C)In this Schedule, “Northern Ireland participant” means a party registered in the Northern Ireland register.]

(2)For the purposes of paragraph 5(4) as it applies to a weekly report, the relevant date for a transaction is the date when the transaction was entered into by the party or its central organisation as mentioned in section 71Q(3).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F1058A(1)This paragraph applies where information about a change of a kind mentioned in section 71Z4(A3)(a) to a transaction to which a Northern Ireland participant, or an accounting unit of a Northern Ireland participant, is a party is supplied in a quarterly report in respect of a period beginning on or after 1 January 2018.E+W+S+N.I.

(2)The report must state the date on which the change took effect.

(3)Where the transaction was entered into before 1 January 2014, the report must state that fact.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Other detailsE+W+S+N.I.

9(1)The Secretary of State may by order amend paragraphs 2 to 7 so as to vary the details which a quarterly or weekly report must give about a transaction.E+W+S+N.I.

(2)The Secretary of State must not make an order under sub-paragraph (1) unless he first consults the Commission.]

Section 71.

SCHEDULE 7E+W+S+N.I. Control of donations to individuals and members associations

Part IE+W+S+N.I. Introductory

Operation and interpretation of ScheduleE+W+S+N.I.

1(1)This Schedule has effect for controlling donations to—E+W+S+N.I.

(a)members of registered parties;

(b)members associations; and

(c)holders of relevant elective offices.

(2)The following provisions have effect for the purposes of this Schedule.

(3)Controlled donation”—

(a)in relation to a member of a registered party, means a donation received by that person which is—

(i)offered to him, or

(ii)where it has been accepted, retained by him,

for his use or benefit in connection with any of his political activities as a member of the party;

(b)in relation to a members association, means a donation received by the association which is—

(i)offered to the association, or

(ii)where it has been accepted, retained by the association,

for its use or benefit in connection with any of its political activities;

(c)in relation to a holder of a relevant elective office, means a donation received by that person which is—

(i)offered to him, or

(ii)where it has been accepted, retained by him,

for his use or benefit (as the holder of such an office) in connection with any of his political activities.

(4)For the purposes of this Schedule the political activities of a party member or (as the case may be) of a members association include, in particular—

(a)promoting or procuring the election of any person to any position in, or to any committee of, the party in question;

(b)promoting or procuring the selection of any person as the party’s candidate for election to a relevant elective office; and

(c)promoting or developing policies with a view to their adoption by the party;

and in the application of paragraph (a) or (b) to a party member the reference to any person includes that member.

(5)Donation” shall be construed in accordance with paragraphs 2 to 4; and (in the absence of any express indication) a donation shall be taken to have been offered to, or retained by, a person or organisation as mentioned in sub-paragraph (1)(a), (b) or (c) if, having regard to all the circumstances, it must reasonably be assumed to have been so offered or retained.

(6)Members association” means any organisation whose membership consists wholly or mainly of members of a registered party, other than—

(a)a registered party falling within section 26(2)(a); or

(b)an organisation falling within section 26(2)(b) (that is, the central organisation of a registered party or an accounting unit of such a party).

(7)Regulated donee” means—

(a)a member of a registered party;

(b)a members association; or

(c)the holder of a relevant elective office, whether or not he is a member of a registered party.

(8)Relevant elective office” means the office of—

(a)member of the House of Commons;

(b)member of the European Parliament elected in the United Kingdom [F106(including the combined region)];

(c)member of the Scottish Parliament;

(d)member of the National Assembly for Wales;

(e)member of the Northern Ireland Assembly;

[F107(ea)police and crime commissioner;]

(f)member of—

(i)any local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council, or

(ii)the Greater London Assembly; or

(g)Mayor of London or elected mayor within the meaning of Part II of the Local Government Act 2000.

(9)The responsible person”, in relation to a members association, means—

(a)the treasurer, if there is one, and

[F108(b)otherwise, the person who is the responsible person by virtue of a notice in force under paragraph 1A.]

(10)F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F108Sch. 7 para. 1(9)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 14(2), 43; S.I. 2009/3084, art. 4(c) (with art. 6)

Commencement Information

I23Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F110Appointment of responsible person by members association with no treasurerE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F110Sch. 7 paras. 1A, 1B and cross-headings inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 14(3), 43; S.I. 2009/3084, art. 4(c) (with art. 6)

1A(1)A members association which does not have a treasurer—E+W+S+N.I.

(a)may appoint an individual to be the responsible person in relation to the association by giving notice to the Commission;

(b)shall do so within the period of 30 days beginning with the date on which the association—

(i)accepts a controlled donation which is a recordable donation for the purposes of paragraph 10, or

(ii)receives a controlled donation falling within paragraph 6(1)(a) or (b),

if a notice under this sub-paragraph is not in force on that date.

(2)A notice under sub-paragraph (1)—

(a)must be signed on behalf of the members association;

(b)must contain a statement signed by the individual to be appointed as the responsible person confirming that the individual is willing to be appointed.

(3)A notice under sub-paragraph (1) must state—

(a)the name and address of the members association;

(b)the full name of the individual to be appointed as the responsible person;

(c)the individual's home address in the United Kingdom, or (if there is no such home address) the individual's home address elsewhere.

(4)Subject to the following provisions of this paragraph, a notice under sub-paragraph (1) (“the original notice”)—

(a)shall be in force as from the date on which it is received by the Commission, but

(b)shall lapse at the end of the period of 12 months beginning with that date unless the members association or the responsible person gives the Commission a notice (a “renewal notice”) that they both wish the original notice to remain in force.

(5)A renewal notice—

(a)has the effect of extending the validity of the original notice for a further 12 months beginning with the time when it would otherwise have lapsed (whether under sub-paragraph (4)(b) or on the expiry of a previous extension under this sub-paragraph);

(b)must be received by the Commission during the period of one month ending at that time.

(6)A renewal notice must either—

(a)confirm that all the statements contained in the original notice, as it has effect for the time being, are accurate; or

(b)indicate that any statement contained in that notice, as it so has effect, is replaced by some other statement conforming with the relevant provision of sub-paragraph (3).

A renewal notice must be signed on behalf of the members association and by the responsible person.

(7)The members association or the responsible person may, at any time after giving the original notice, give the Commission a notice (a “notice of alteration”) indicating that any statement contained in the original notice, as it has effect for the time being, is replaced by some other statement—

(a)contained in the notice of alteration, and

(b)conforming with the relevant provision of sub-paragraph (3).

A notice of alteration takes effect on the day on which it is received by the Commission or (if later) on such date as may be specified in the notice.

(8)A notice of alteration must be signed—

(a)on behalf of the members association, and

(b)by the responsible person or, in the case of a notice substituting a different individual as the responsible person, by that individual.

(9)A notice under sub-paragraph (1) that has been in force for at least 12 months ceases to have effect on receipt by the Commission of a notice terminating it (a “notice of termination”)—

(a)given by and signed on behalf of the members association, or

(b)given and signed by the responsible person.

(10)On receipt of a notice of termination given by the members association or by the responsible person, the Commission must inform the other party as soon as is reasonably practicable (unless the notice was signed both on behalf of the members association and by the responsible person).

(11)A reference in this paragraph to a notice being signed on behalf of a members association is to the notice being signed by the secretary of the association or by a person who acts in a similar capacity in relation to the association.

(12)A notice under the Schedule 7A version of this paragraph also has effect as a notice under this paragraph.

The “Schedule 7A version” of this paragraph means this paragraph as it applies, in relation to controlled transactions, by virtue of paragraph 1(7A) of Schedule 7A.

Offence of failing to comply with paragraph 1AE+W+S+N.I.

1BA members association commits an offence if—E+W+S+N.I.

(a)it is subject to the requirement in paragraph 1A(1)(b), and

(b)without reasonable excuse it fails to comply with the requirement.]

Donations: general rulesE+W+S+N.I.

2(1)Donation”, in relation to a regulated donee, means (subject to paragraph 4)—E+W+S+N.I.

(a)any gift to the donee of money or other property;

(b)any sponsorship provided in relation to the donee (as defined by paragraph 3);

(c)any money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee;

(d)F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the donee (including the services of any person);

(f)(where the donee is a members association) any subscription or other fee paid for affiliation to, or membership of, the donee.

(2)Where—

(a)any money or other property is transferred to a regulated donee pursuant to any transaction or arrangement involving the provision by or on behalf of the donee of any property, services or facilities or other consideration of monetary value, and

(b)the total value in monetary terms of the consideration so provided by or on behalf of the donee is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the donee for the purposes of sub-paragraph (1)(a).

(3)In determining—

(a)F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of sub-paragraph (1)(e) whether any property, services or facilities provided for the use or benefit of a regulated donee is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the donee in respect of F113. . . the provision of the property, services or facilities.

(4)Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.

(5)Anything given or transferred to any officer, member, trustee or agent of a members association in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the association (and references to donations received by a regulated donee accordingly include, in the case of a members association, donations so given or transferred).

(6)In this paragraph—

(a)any reference to anything being given or transferred to a regulated donee or any other person is a reference to its being so given or transferred either directly or indirectly through any third person;

(b)gift” includes bequest.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F111Sch. 7 para. 2(1)(d) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 154(2)(a), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F112Sch. 7 para. 2(3)(a) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 154(2)(b), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F113Words in Sch. 7 para. 2(3) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 154(2)(c), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 25(m)(ii), 26(3)(d)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C11Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C13Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I24Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

SponsorshipE+W+S+N.I.

3(1)For the purposes of this Schedule sponsorship is provided in relation to a regulated donee if—E+W+S+N.I.

(a)any money or other property is transferred to the donee or to any person for the benefit of the donee, and

(b)the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

(i)to help the donee with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the donee, or

(ii)to secure that to any extent any such expenses are not so incurred.

(2)In sub-paragraph (1) “defined expenses” means expenses in connection with—

(a)any conference, meeting or other event organised by or on behalf of the donee,

(b)the preparation, production or dissemination of any publication by or on behalf of the donee, or

(c)any study or research organised by or on behalf of the donee.

(3)The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)—

(a)the making of any payment in respect of—

(i)any charge for admission to any conference, meeting or other event, or

(ii)the purchase price of, or any other charge for access to, any publication;

(b)the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(4)The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).

(5)In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C14Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C16Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I25Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Payments etc. not to be regarded as donationsE+W+S+N.I.

4(1)None of the following shall be regarded as a donation—E+W+S+N.I.

(a)any facility provided in pursuance of any right conferred on candidates at an election by any enactment;

[F114(aa)remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business—

(i)of the authority,

(ii)of any other body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or

(iii)of any other body if it is a public body;]

[F115(aa)remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business—

(i)of the authority,

(ii)of any body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or

(iii)of any other body if it is a public body;]

(b)the provision of assistance by a person appointed under section 9 of the M13Local Government and Housing Act 1989;

(c)the provision by any individual of his own services which he provides voluntarily and in his own time;

(d)any interest accruing to a regulated donee in respect of any donation which is dealt with by the donee in accordance with section 56(2)(a) or (b) (as applied by paragraph 8);

(e)any money or other property, or any services or facilities, provided out of public funds for the personal security of a regulated donee who is an individual.

(2)For the avoidance of doubt no remuneration or allowances paid to the holder of a relevant elective office in his capacity as such shall be regarded as a donation.

(3)There shall also be disregarded—

(a)any donation which (in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election; and

(b)F116. . . any donation whose value (as determined in accordance with paragraph 5) is not more than [F117£500].

[F118(4)In sub-paragraph (1)(aa)—

  • employee” and “employer” have the same meaning as in the Employment Rights Act 1996 (c. 18);

  • local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;

  • working hours” of an employee has the same meaning as in section 50 of the Employment Rights Act 1996; and

  • qualifying business”, in relation to a body, means—

    (a)

    the doing of anything for the discharge of the functions of the body or of any of its committees or sub-committees, and

    (b)

    where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 (c. 22) and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of any other thing for the purpose of the discharge of the functions.]

[F119(4)In sub-paragraph (1)(aa)—

  • “employee” and “employer”—

    (a)

    in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996, and

    (b)

    in relation to Northern Ireland, have the same meaning as in the Employment Rights (Northern Ireland) Order 1996;

  • local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;

  • working hours” of an employee—

    (a)

    in relation to England and Wales, and Scotland, has the same meaning as in section 50 of the Employment Rights Act 1996, and

    (b)

    in relation to Northern Ireland, has the same meaning as in Article 78 of the Employment Rights (Northern Ireland) Order 1996;

  • qualifying business”, in relation to a body, means—

    (a)

    the doing of anything for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees, and

    (b)

    where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of anything for the purpose of the discharge of those functions.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F114Sch. 7 para. 4(1)(aa) inserted (S.) (retrosp. to 16.2.2001) by Local Government in Scotland Act 2003 (asp 1), ss. 42(1)(a)(2)(3), 62(2)

F115Sch. 7 para. 4(1)(aa) inserted (E.W.N.I. and S. only so far as mentioned in s. 129(5)(a) of the amending Act) (retrosp. to 16.2.2001) by Local Government Act 2003 (c. 26), ss. 114(1)(3)(4), 128(1)(a), 129(2)(5)(7)(8)

F117Sum in Sch. 7 para. 4(3)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F118Sch. 7 para. 4(4) inserted (S.) (retrosp. to 16.2.2001) by Local Government in Scotland Act 2003 (asp 1), ss. 42(1)(b)(2)(3), 62(2)

F119Sch. 7 para. 4(4) inserted (E.W.N.I. and S. only so far as mentioned in s. 129(5)(a) of the amending Act) (retrosp. to 16.2.2001) by Local Government Act 2003 (c. 26), ss. 114(2)-(4), 128(1)(a), 129(2)(5)(7)(8)

Modifications etc. (not altering text)

C17Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C19Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I26Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

Value of donationsE+W+S+N.I.

5(1)The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.E+W+S+N.I.

(2)Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2) the value of the donation shall be taken to be the difference between—

(a)the value of the money, or the market value of the property, in question, and

(b)the total value in monetary terms of the consideration provided by or on behalf of the donee.

(3)The value of any donation falling within paragraph 2(1)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

(4)The value of any donation falling within paragraph [F1202(1)(e)] shall be taken to be the amount representing the difference between—

(a)the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the donee in respect of F121. . . the provision of the property, services or facilities if—

(i)F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the property, services or facilities had been provided,

on commercial terms, and

(b)the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the donee

(5)Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—

(a)shall be determined at the time when it is made, but

(b)shall be so determined by reference to the total benefit accruing to the donee over that period.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F120Words in Sch. 7 para. 5(4) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(4)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, arts. 2 (subject to art. 3, Sch. 1)

F121Words in Sch. 7 para. 5(4)(a) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 154(4)(b), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F122Sch. 7 para. 5(4)(a)(i) and following word repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 154(4)(c), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C20Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C22Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I27Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part IIE+W+S+N.I. Controls on donations

Prohibition on accepting donations from impermissible donorsE+W+S+N.I.

6(1)A controlled donation received by a regulated donee must not be accepted by the donee if—E+W+S+N.I.

(a)the person by whom the donation would be made is not, at the time of its receipt by the donee, a permissible donor, or

(b)the donee is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.

(2)Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a regulated donee by way of a donation—

(a)on behalf of himself and one or more other persons, or

(b)on behalf of two or more other persons,

then for the purposes of this Schedule each individual contribution by a person falling within paragraph (a) or (b) of more than [F123£500] shall be treated as if it were a separate donation received from that person.

(3)In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the regulated donee, the responsible person is given—

(a)(except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 2 [F124or 2A]of Schedule 6 to be given in respect of the donor of a recordable donation to a registered party; and

(b)(in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation to a registered party.

(4)Where—

(a)any person (“the agent”) causes an amount to be received by a regulated donee by way of a donation on behalf of another person (“the donor”), and

(b)the amount of the donation is more than [F123£500] ,

the agent must ensure that, at the time when the donation is received by the regulated donee, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 2 [F125or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation to a registered party.

(5)A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (3) or (4).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F123Sums in Sch. 7 para. 6(2)(4)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

Modifications etc. (not altering text)

C23Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C25Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I28Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Prospective

[F126Declaration as to source of donationE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F126Sch. 7 para. 6A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12) ss. 9(8), 43, {Sch. 3 para. 1(2)}

6A(1)Where a person (P) causes an amount exceeding £7,500 to be received by a regulated donee by way of a donation, a written declaration must be given to the donee—E+W+S+N.I.

(a)by P, if P is an individual, or

(b)if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not sub-paragraph (2) applies to the donation.

(2)This sub-paragraph applies to the donation if—

(a)a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b)the money, or the value of the benefit, is more than £7,500.

(3)Where a declaration under this paragraph contains a statement to the effect that sub-paragraph (2) applies to the donation, it must also—

(a)state whether or not, in the opinion of the person making the declaration—

(i)sub-paragraph (2) of paragraph 6 applies to the donation;

(ii)sub-paragraph (4) of that paragraph applies to it;

(b)if the person's opinion is that neither of those sub-paragraphs applies to the donation, give the person's reasons for that opinion.

(4)The declaration must also state the full name and address of the person by whom it is made and, where sub-paragraph (1)(b) applies—

(a)state that the person is authorised by P to make the declaration;

(b)describe the person's role or position in relation to P.

(5)A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6)Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of sub-paragraph (2).]

Prospective

[F127Declaration as to whether residence etc condition satisfiedE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F127Sch. 7 para. 6B and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 10(8), 43, Sch. 4 para. 1(2)

6B(1)An individual making to a regulated donee a donation in relation to which the condition set out in section 54(2ZA) applies must give to the donee a written declaration stating whether or not the individual satisfies that condition.E+W+S+N.I.

(2)A declaration under this paragraph must also state the individual's full name and address.

(3)A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(4)The Secretary of State may by regulations make provision requiring a declaration under this paragraph to be retained for a specified period.

(5)The requirement in sub-paragraph (1) does not apply where, by reason of section 71B(1)(a), the individual by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the donee.]

Payments etc. which are (or are not) to be treated as donations by permissible donorsE+W+S+N.I.

7(1)The following provisions have effect for the purposes of this Schedule.E+W+S+N.I.

[F128(1A)A person falling within section 54(2A)(a) to (g) is a permissible donor if—

(a)the controlled donation is received by—

(i)a member of a registered party; or

(ii)a members association whose membership consists wholly or mainly of members of a registered party,

and the party is a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region; or

(b)the controlled donation is received by a member of the European Parliament elected in the combined region.]

(2)Any payment out of public funds received by a regulated donee which is a members association, for its use and benefit in connection with any of its political activities, shall be regarded as a controlled donation received by the association from a permissible donor.

(3)Any donation received by a regulated donee shall (if it would not otherwise fall to be so regarded) be regarded as a controlled donation received by the donee from a permissible donor if and to the extent that—

(a)the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with any visit—

(i)by the donee in connection with any of the donee’s political activities, or

(ii)in the case of a members association, by any member or officer of the association in connection with any of its political activities,

to a country or territory outside the United Kingdom, and

(b)the amount of the donation does not exceed a reasonable amount in respect of such costs.

(4)In sub-paragraph (3) “qualifying costs”, in relation to the donee or (as the case may be) any member or officer of the donee, means costs relating to that person in respect of—

(a)travelling between the United Kingdom and the country or territory in question; or

(b)travelling, accommodation or subsistence while within that country or territory.

(5)Any controlled donation received by a regulated donee which is an exempt trust donation shall be regarded as a controlled donation received by the donee from a permissible donor.

[F129(5A)Any controlled donation received by a regulated donee which is an exempt Gibraltar trust donation shall be regarded as a controlled donation received by the donee from a permissible donor if—

(a)the donation is received by—

(i)a member of a registered party; or

(ii)a members association whose membership consists wholly or mainly of members of a registered party,

and the party is a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region; or

(b)the donation is received by a member of the European Parliament elected in the combined region.]

(6)But any controlled donation received by a regulated donee from a trustee of any property (in his capacity as such) which is not—

(a)an exempt trust donation, or

[F130(aa)an exempt Gibraltar trust donation regarded by virtue of sub-paragraph (5A) as received from a permissible donor, or]

(b)a controlled donation transmitted by the trustee to the donee on behalf of beneficiaries under the trust who are—

(i)persons who at the time of its receipt by the donee are permissible donors falling within section 54(2) [F131or permissible donors by virtue of sub-paragraph (1A)], or

(ii)the members of an unincorporated association which at that time is a permissible donor,

shall be regarded as a controlled donation received by the donee from a person who is not a permissible donor.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C26Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C28Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I29Sch. 7 wholly in force in 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Acceptance or return of donationsE+W+S+N.I.

8(1)Sections 56 to 60 shall apply for the purposes of this Schedule in relation to a regulated donee and any controlled donation received by a regulated donee as they apply for the purposes of this Part in relation to a registered party and any donation received by a registered party.E+W+S+N.I.

(2)In its application in accordance with sub-paragraph (1), section 56(3) and (4) shall each have effect as if the reference to the treasurer of the party were construed—

(a)in relation to a regulated donee other than a members association, as a reference to the donee; and

(b)in relation to a members association, as a reference to the responsible person.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C29Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C31Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I30Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Evasion of restrictions on donationsE+W+S+N.I.

9Section 61 shall apply for the purposes of this Schedule as if—E+W+S+N.I.

(a)any reference to donations were to controlled donations;

(b)any reference to a registered party were to a regulated donee; and

(c)any reference to the treasurer of such a party were construed as mentioned in paragraph 8(2)(a) or (b).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C32Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C34Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I31Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part IIIE+W+S+N.I. Reporting of donations by regulated donees

Donation reports: donations from permissible donorsE+W+S+N.I.

10[F132(1)A regulated donee must prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation.E+W+S+N.I.

(1A)For the purposes of this paragraph a controlled donation is a recordable donation—

(a)if it is a donation of more than [F133£7,500] where the donee is a members association) or [F134£1,500] (in any other case);

(b)if, when it is added to any other controlled benefit or benefits accruing to the donee—

(i)from the same person and in the same calendar year, and

(ii)in respect of which no report has been previously made under this paragraph,

the aggregate amount of the benefits is more than [F133£7,500] where the donee is a members association) or [F134£1,500] (in any other case).

(1B)A controlled benefit is—

(a)a controlled donation;

(b)a controlled transaction within the meaning of paragraph 2 of Schedule 7A.

(1C)A controlled benefit which is a controlled donation accrues—

(a)from the permissible donor who made it, and

(b)when it is accepted by the donee.

(1D)A controlled benefit which is a controlled transaction accrues—

(a)from any authorised participant (within the meaning of paragraph 4(3) of Schedule 7A) who is a party to it, and

(b)when it is entered into;

and paragraph 9(6) of Schedule 7A applies for the purposes of paragraph (b) above.

(2)A regulated donee must deliver the report prepared by virtue of sub-paragraph (1) to the Commission within the period of 30 days beginning with—

(a)if sub-paragraph (1A)(a) applies, the date of acceptance of the donation;

(b)if sub-paragraph (1A)(b) applies, the date on which the benefit which causes the aggregate amount to exceed [F133£7,500] or (as the case may be) [F134£1,500] accrues.]

(3)Each report prepared by virtue of sub-paragraph (1) must—

(a)give the name and address of the donee; and

(b)if he is the holder of a relevant elective office, specify the office in question.

(4)Each such report must also give—

(a)such information as is required to be given, in the case of a report prepared by virtue of section 62 by virtue of paragraphs 2 [F135, 2A] and 4 of Schedule 6;

(b)the date when the donation was accepted by the donee, and

(c)such other information as is required by regulations made by the Commission.

[F136(4ZA)Where such a report is one to which this sub-paragraph applies and includes a donation which was received by a Northern Ireland recipient before 1 July 2017, the report must give the date when the donation was received by the donee.

(4ZB)Sub-paragraph (4ZA) applies to a report which is delivered to the Commission on or after the date on which Article 8 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.]

[F137(4A)In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), if the report states that the donee has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence.]

(5)In the application of paragraphs 2 [F135, 2A] and 4 of Schedule 6 in accordance with sub-paragraph (4) above—

(a)any reference to a recordable donation within the meaning of that Schedule shall be construed as a reference to a recordable donation within the meaning of this paragraph;

(b)any reference to section 55(2) or to section 55(3) shall be construed as a reference to paragraph 7(2) above or to paragraph 7(3) above respectively; and

(c)any reference to section 53 shall be construed as a reference to paragraph 5 above.

(6)In the case of [F138a controlled benefit which is] a donation to which paragraph 7(2) applies, [F139sub-paragraph (1A)(b)] above shall have effect as if for [F140“from the same person”] there were substituted “ in circumstances falling within paragraph 7(2) ”.

(7)In the case of [F138a controlled benefit which is] a donation to which paragraph 7(3) applies—

(a)[F139sub-paragraph (1A)(b)] above shall have effect as if for [F140“ from the same person”] there were substituted “ in circumstances falling within paragraph 7(3) by the same donor ”; and

(b)any report prepared by virtue of sub-paragraph (1) above in respect of the donation must give—

(i)the date or dates on or between which the visit to which the donation relates took place, and

(ii)the destination and purpose of the visit.

[F141(8)This paragraph does not apply to a donation received by a holder of a relevant elective office unless he is not a member of a registered party and is F142...a member of a local authority in Scotland.

(9)For the purposes of sub-paragraph (8), it is immaterial whether the donation is made to the holder of the relevant elective office in that capacity or in his capacity as a member of a registered party.]

[F143(10)In this paragraph, “Northern Ireland recipient” means a regulated donee who is—

(a)an individual ordinarily resident in Northern Ireland, or

(b)a members association wholly or mainly consisting of members of a party registered in the Northern Ireland register.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F132Sch. 7 para. 10(1)(1A)-(1D)(2) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) for Sch. 7 para. 10(1)(2) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(5); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F133Sums in Sch. 7 para. 10(1A)(a)(b)(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(3), 43; S.I. 2009/3084, art. 4(h)

F134Sums in Sch. 7 para. 10(1A)(a)(b)(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(2), 43; S.I. 2009/3084, art. 4(h)

F138Words in Sch. 7 para. 10(6)(7) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F139Words in Sch. 7 para. 10(6)(7) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F140Words in Sch. 7 para. 10(6)(7) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(6)(c); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F141Sch. 7 para. 10(8)(9) inserted (1.7.2009 for certain purposes, 4.5.2016 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 59(2), 77(2); S.I. 2009/1509, art. 2 (with art. 3); S.I. 2016/551, art. 2(a) (with art. 3)

Modifications etc. (not altering text)

C35Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C37Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

C38Sch. 7 para. 10(4A) amendment by 2006 c. 22, Sch. 1 para. 28 extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

Commencement Information

I32Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1Pt. II)

Donation reports: donations from impermissible or unidentifiable donorsE+W+S+N.I.

11(1)A regulated donee shall—E+W+S+N.I.

(a)prepare a report under this paragraph in respect of each controlled donation received by the donee and falling within paragraph 6(1)(a) or (b); and

(b)deliver the report to the Commission within the period of 30 days beginning with the date when the donation was dealt with in accordance with section 56(2)(a) or (b).

(2)Each such report must—

(a)give the name and address of the donee; and

(b)if he is the holder of a relevant elective office, specify the office in question.

(3)Each such report in respect of a donation falling within paragraph 6(1)(a) must also give—

(a)the name and address of the donor;

(b)the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c)the date when the donation was received and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a); and

(d)such other information as is required by regulations made by the Commission.

(4)Each such report in respect of a donation falling within paragraph 6(1)(b) must also give—

(a)details of the manner in which it was made;

(b)the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c)the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b); and

(d)such other information as is required by regulations made by the Commission.

(5)In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 8.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C39Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C41Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I33Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Offence of failing to deliver donation reportE+W+S+N.I.

12(1)Where a report required to be delivered to the Commission under paragraph 10(1) or 11(1) is [F144, without reasonable excuse] not delivered by the end of the period of 30 days mentioned in [F145paragraph 10(2) or 11(1)]E+W+S+N.I.

[F146(a)in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;

(b)in the case of a members association, the association and the responsible person are guilty of an offence.]

(2)If such a report is delivered to the Commission which [F147, without reasonable excuse,] does not comply with any requirements of paragraph 10 or 11 as regards the information to be given in such a report—

[F146(a)in the case of a regulated donee other than a members association, the regulated donee is guilty of an offence;

(b)in the case of a members association, the association and the responsible person are guilty of an offence.]

(3)F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to the regulated donee was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the donee of an amount equal to the value of the donation.

(5)The following provisions, namely—

(a)subsections (3) to (5) of section 58, and

(b)sections 59 and 60,

shall apply for the purposes, or in connection with the operation, of sub-paragraph (4) in relation to a regulated donee as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F144Words in Sch. 7 para. 12(1) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(5)(a), 43; S.I. 2009/3084, art. 4(b) (with art. 5)

F145Words in Sch. 7 para. 12(1) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 154(7); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F146Sch. 7 para. 12(1)(a)(b)(2)(a)(b) substituted (1.1.2010) for Sch. 7 para. 12(1)(a)(b)(2)(a)(b) and words by Political Parties and Elections Act 2009 (c. 12), ss. 14(4), 43; S.I. 2009/3084, art. 4(c) (with art. 6)

F147Words in Sch. 7 para. 12(2) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(5)(b), 43; S.I. 2009/3084, art. 4(b) (with art. 5)

Modifications etc. (not altering text)

C42Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C44Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I34Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Declaration in donation reportE+W+S+N.I.

13(1)Each report under paragraph 10 or 11 must, when delivered to the Commission, be accompanied by a declaration made by—E+W+S+N.I.

(a)the regulated donee, or

(b)(if a members association) the responsible person,

which complies with sub-paragraph (2) or (3).

(2)In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant’s knowledge and belief, any donation recorded in the report as having been accepted by the donee was from a permissible donor.

(3)In the case of a report under paragraph 11, the declaration must state that, to the best of the declarant’s knowledge and belief, the donation recorded in the report as having been received by the donee, or a payment of an equivalent amount, has been returned to the donor or otherwise dealt with in accordance with the provisions of Chapter II of Part IV of this Act.

(4)A person commits an offence if he knowingly or recklessly makes a false declaration under this paragraph.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C45Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C47Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I35Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F149F149Part IVE+W+S+N.I. Reporting of donations by donors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Part VE+W+S+N.I. Register of donations

Register of recordable donationsE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

15(1)Section 69 shall apply in relation to donations reported to the Commission under this Schedule (“relevant donations”) as it applies to donations reported to them under Chapter III of Part IV of this Act.E+W+S+N.I.

(2)But in its application in accordance with sub-paragraph (1), section 69 shall have effect with the modifications set out in sub-paragraph (3).

(3)Those modifications are as follows—

(a)subsection (2) shall have effect in relation to a relevant donation as if (instead of requiring the register to contain the details mentioned in paragraphs (a) to (c) of that subsection) it required the register to contain such details as have been given in relation to the donation in pursuance of paragraph 10(3), 10(4), 11(2), 11(3) or 11(4); and

(b)F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C53Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

C55Sch. 7 paras. 2-15 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(3), 31(2)

Commencement Information

I37Sch. 7 wholly in force at 16.2.2001; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F151Donations to holders of certain elective officesE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F151Sch. 7 para. 15A and preceding cross-heading inserted (1.7.2009 for certain purposes, 4.5.2016 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 59(3), 77(2); S.I. 2009/1509, art. 2 (with art. 3); S.I. 2016/551, art. 2(a) (with art. 3)

15A(1)This paragraph applies in relation to donations received by a holder of a relevant elective office[F152, other than a police and crime commissioner] if—E+W+S+N.I.

(a)the relevant body has in place arrangements requiring the holder of the office to report such donations, and

(b)the Commission think that the arrangements correspond to the requirements of paragraph 10.

(2)The Commission must make such arrangements as they think appropriate corresponding to section 69 as modified in pursuance of paragraph 15(3) to maintain a register of such information as they receive relating to such donations.

(3)In sub-paragraph (1)(a) a relevant body is—

(a)if the holder of a relevant elective office is a member of a body mentioned in paragraphs (a) to (f) of paragraph 1(8), that body;

(b)if the holder of a relevant elective office is the Mayor of London, the London Assembly;

(c)if the holder of a relevant elective office is an elected mayor within the meaning of Part 2 of the Local Government Act 2000, the local authority of which he is the mayor.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Part VIE+W+S+N.I. Power to make special provision

Exemption from disclosureE+W+S+N.I.

16F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F154Part 7E+W+S+N.I.Compliance officers

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Functions and liabilities of compliance officersE+W+S+N.I.

17(1)A regulated donee who is the holder of a relevant elective office (the “office-holder”) may, by giving a notice to the Commission which complies with paragraph 18(1), appoint an individual as compliance officer for the office-holder.

(2)Where a notice under this paragraph is for the time being in force—

(a)any duty imposed on the office-holder by virtue of paragraph 8, or under paragraph 10, 11 or 13, may be discharged either by the office-holder or by the compliance officer;

(b)section 56(3), (3B) and (4) as applied by paragraph 8, and paragraph 12(1) and (2), apply to the compliance officer as well as the office-holder (so that either or both of them may be charged with any offence under those provisions);

(c)if the compliance officer makes a declaration under paragraph 13, paragraph 13(4) applies to the compliance officer instead of the office-holder.

(3)The compliance officer for an office-holder cannot be guilty of an offence under paragraph 12(1) or (2) in respect of any controlled donation received by the office-holder at a time when the notice under this paragraph was not in force.

(4)A person commits an offence if, at a time when a notice under this paragraph is in force in relation to an office-holder, the person knowingly gives the compliance officer any information relating to—

(a)the amount of any controlled donation made to the office-holder, or

(b)the person or body making such a donation,

which is false in a material particular.

Notices of appointment, renewal, alteration and terminationE+W+S+N.I.

18(1)A notice under paragraph 17—

(a)must be signed by the office-holder, and

(b)must contain a statement signed by the individual to be appointed as compliance officer confirming that the individual is willing to be appointed.

(2)A notice under paragraph 17 must state—

(a)the full name of the office-holder,

(b)the relevant elected office that the person holds,

(c)the office-holder's home address in the United Kingdom, or (if there is no such home address) the office-holder's home address elsewhere, and

(d)if the office-holder is a member of a registered party, the party's registered name and the address of its registered headquarters.

(3)A notice under paragraph 17 must also state—

(a)the full name of the individual to be appointed as compliance officer,

(b)if the individual holds a relevant elected office, what that office is,

(c)the individual's home address in the United Kingdom, or (if there is no such home address) the individual's home address elsewhere, and

(d)if the individual is a member of a registered party, the party's registered name and the address of its registered headquarters.

(4)Subject to the following provisions of this paragraph, a notice under paragraph 17 (“the original notice”)—

(a)shall be in force as from the date on which it is received by the Commission, but

(b)shall lapse at the end of the period of 12 months beginning with that date unless the office-holder or the compliance officer gives the Commission a notice (a “renewal notice”) that they both wish the original notice to remain in force.

(5)A renewal notice—

(a)has the effect of extending the validity of the original notice for a further 12 months beginning with the time when it would otherwise have lapsed (whether under sub-paragraph (4)(b) or on the expiry of a previous extension under this sub-paragraph);

(b)must be received by the Commission during the period of one month ending at that time.

(6)A renewal notice must either—

(a)confirm that all the statements contained in the original notice, as it has effect for the time being, are accurate; or

(b)indicate that any statement contained in that notice, as it so has effect, is replaced by some other statement conforming with the relevant provision of sub-paragraph (2) or (3).

A renewal notice must be signed by the office-holder and the compliance officer.

(7)The office-holder or the compliance officer may, at any time after giving the original notice, give the Commission a notice (a “notice of alteration”) indicating that any statement contained in the original notice, as it has effect for the time being, is replaced by some other statement—

(a)contained in the notice of alteration, and

(b)conforming with the relevant provision of sub-paragraph (2) or (3).

A notice of alteration takes effect on the day on which it is received by the Commission or (if later) on such date as may be specified in the notice.

(8)A notice of alteration must be signed—

(a)by the office-holder, and

(b)by the compliance officer or, in the case of a notice substituting a different individual as the compliance officer, by that individual.

(9)A notice under paragraph 17 ceases to have effect on receipt by the Commission of a notice terminating it (a “notice of termination”) given and signed by the office-holder or by the compliance officer.

(10)On receipt of a notice of termination given by the office-holder or by the compliance officer, the Commission must inform the other party as soon as is reasonably practicable (unless the notice was signed both by the office-holder and by the compliance officer).

Register of compliance officersE+W+S+N.I.

19(1)The Commission shall maintain a register of all notices given to them under paragraph 17 which are for the time being in force.

(2)The register shall be maintained by the Commission in such form as they may determine and shall contain, in the case of each such notice, all the information contained in the notice as it has effect for the time being in accordance with paragraph 18.

(3)Where any notice is given to the Commission under paragraph 17 or sub-paragraph (4)(b) or (7) of paragraph 18, they shall cause all the information contained in the notice, or (as the case may be) any new information contained in it, to be entered in the register as soon as is reasonably practicable.

(4)The information to be entered in the register in respect of any individual shall, however, not include the individual's home address.]

[F155SCHEDULE 7AE+W+S+N.I.Control of loans etc to individuals and members associations

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F155Sch. 7A inserted (11.9.2006 for E.W.S. for specified purposes except for the insertion of Sch. 7A para. 16, 1.7.2008 for N.I. for specified purposes, 1.7.2009 for the insertion of Sch. 7A para. 16 for specified purposes, 4.5.2016 for the insertion of Sch. 7A para. 16 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 61(7), 77(2), Sch. 1 para 99; S.I. 2006/1972, art. 3, Sch. 1 paras. 20(a), 25(m)(i) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, arts. 2 (subject to art. 3, Sch. 1); S.I. 2009/1509, art. 2(b) (with art. 3); S.I. 2016/551, art. 2(b) (with art. 3)

Operation and construction of ScheduleE+W+S+N.I.

1(1)This Schedule has effect for controlling loans and certain other transactions where one of the parties to the transaction is—E+W+S+N.I.

(a)a member of a registered party,

(b)a members association, or

(c)the holder of a relevant elective office.

(2)The following provisions have effect for the purposes of this Schedule.

(3)References to a controlled transaction must be construed in accordance with paragraph 2.

(4)A reference to a connected transaction is a reference to a controlled transaction falling within paragraph 2(3)(b).

(5)A regulated participant is—

(a)a member of a registered party;

(b)a members association;

(c)the holder of a relevant elective office, whether or not he is a member of a registered party.

(6)A credit facility is an agreement whereby a regulated participant is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the regulated participant) as is specified in or determined in accordance with the agreement.

(7)References to each of the following must be construed in accordance with Schedule 7—

(a)the political activities of a party member or a members association;

(b)members association;

(c)relevant elective office;

(d)the responsible person (in relation to a members association)F156. . . .

[F157(7A)Paragraphs 1A and 1B of Schedule 7 apply for the purposes of this Schedule, in relation to controlled transactions, as they apply for the purposes of that Schedule in relation to controlled donations.

(7B)Paragraph 1A(1)(b) of Schedule 7, as it applies by virtue of sub-paragraph (7A) above, has effect as if for sub-paragraphs (i) and (ii) there were substituted—

(i)enters into a controlled transaction which is a recordable transaction for the purposes of paragraph 9 of Schedule 7A, or

(ii)enters into a controlled transaction falling within paragraph 5 or 6(1)(b) of that Schedule,

(7C)A notice under paragraph 1A of Schedule 7 also has effect as a notice under the Schedule 7A version of that paragraph.

The “Schedule 7A version” of paragraph 1A of Schedule 7 means that paragraph as it applies, in relation to controlled transactions, by virtue of sub-paragraph (7A) above.]

(8)This Schedule does not have effect in relation to—

(a)a member of the Scottish Parliament, or

(b)a member of a local authority in Scotland,

if he is not also a member of a registered party.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F156Words in Sch. 7A para. 1(7)(d) repealed (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 16(2)(a), 39, 43, Sch. 7; S.I. 2009/3084, arts. 4(e)(k) (with art. 6)

F157Sch. 7A para. 1(7A)-(7C) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 16(2)(b), 43; S.I. 2009/3084, art. 4(e) (with art. 6)

Controlled transactionE+W+S+N.I.

2(1)An agreement between a regulated participant and another person by which the other person makes a loan of money to the regulated participant is a controlled transaction if the use condition is satisfied.E+W+S+N.I.

(2)An agreement between a regulated participant and another person by which the other person provides a credit facility to the regulated participant is a controlled transaction if the use condition is satisfied.

(3)Where—

(a)a regulated participant and another person (A) enter into a controlled transaction of a description mentioned in sub-paragraph (1) or (2) or a transaction under which any property, services or facilities are provided for the use or benefit of the regulated participant (including the services of any person),

(b)A also enters into an arrangement where a third person gives any form of security (whether real or personal) for a sum owed to A by the regulated participant under the transaction mentioned in paragraph (a), and

(c)the use condition is satisfied,

the arrangement is a controlled transaction.

(4)An agreement or arrangement is not a controlled transaction—

(a)to the extent that in accordance with any enactment a payment made in pursuance of the agreement or arrangement falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election, or

(b)if its value is not more than [F158£500].

(5)Anything given or transferred to an officer, member, trustee or agent of a members association in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the association (and references to money or any other benefit received by a regulated participant accordingly include, in the case of a members association, money or any other benefit so given or transferred).

(6)The use condition is that the regulated participant intends at the time he enters into a transaction mentioned in sub-paragraph (1), (2) or (3)(a) to use any money or benefit obtained in consequence of the transaction in connection with relevant political activities.

(7)For the purposes of sub-paragraph (6), it is immaterial that only part of the money or benefit is intended to be used in connection with relevant political activities.

(8)Relevant political activities are—

(a)if the regulated participant is a member of a registered party, any of his political activities as a member of the party;

(b)if the regulated participant is a members association, any of its political activities;

(c)if the regulated participant is a holder of a relevant elective office, any of his political activities.

(9)The Secretary of State may, by order, specify circumstances or any description of circumstances in which an agreement or arrangement falling within any of sub-paragraphs (1) to (3) is not a controlled transaction.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F158Sum in Sch. 7A para. 2(4)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

Valuation of controlled transactionsE+W+S+N.I.

3(1)The value of a controlled transaction which is a loan is the value of the total amount to be lent under the loan agreement.E+W+S+N.I.

(2)The value of a controlled transaction which is a credit facility is the maximum amount which may be borrowed under the agreement for the facility.

(3)The value of a controlled transaction which is an arrangement by which any form of security is given is the contingent liability under the security provided.

(4)For the purposes of sub-paragraphs (1) and (2), no account is to be taken of the effect of any provision contained in a loan agreement or an agreement for a credit facility at the time it is entered into which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility, whether or not any such interest has been so added.

Authorised participantsE+W+S+N.I.

4(1)A regulated participant must not—E+W+S+N.I.

(a)be a party to a controlled transaction to which any of the other parties is not an authorised participant;

(b)derive a benefit in consequence of a connected transaction if any of the parties to that transaction is not an authorised participant.

(2)This paragraph does not apply to a controlled transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.

(3)In this Schedule, an authorised participant is a person who is a permissible donor within the meaning of section 54(2).

[F159(3A)A person who is a permissible donor within the meaning of section 54(2A) is also an authorised participant if—

(a)the regulated transaction is entered into by—

(i)a member of a registered party; or

(ii)a members association whose membership consists wholly or mainly of members of a registered party,

and the party is a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region; or

(b)the regulated transaction is entered into by a member of the European Parliament elected in the combined region.

(3B)In its application for the purposes of this Part by virtue of subsection (3A), section 54(2A) has effect as if for “the donation is received” there were substituted the regulated transaction is entered into.]

(4)The Secretary of State may, by order, specify circumstances or any description of circumstances in which a person who is not a permissible donor is to be treated as an authorised participant.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

[F160Declaration that residence etc condition satisfiedE+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F160Sch. 7A para. 4A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 11(4), 43

4A(1)A regulated participant must not be a party to a controlled transaction to which this paragraph applies unless the regulated participant has received a written declaration from each of the other parties to the transaction who is an individual stating that the individual satisfies the condition set out in section 54(2ZA).E+W+S+N.I.

(2)This paragraph applies to a controlled transaction—

(a)if the value of the transaction is more than £7,500, or

(b)if the aggregate amount of it and any other relevant benefit or benefits accruing in the same calendar year as the transaction is more than £7,500.

(3)For the purposes of sub-paragraph (2) “relevant benefit” and “accruing” have the meaning given by section 71M(3).

(4)A declaration under this paragraph must also state the full name and address of the person by whom it is made.

(5)A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6)The Secretary of State may by regulations make provision requiring a declaration under this paragraph to be retained for a specified period.

(7)The reference in sub-paragraph (1) to each of the other parties to the transaction does not include any individual who, at the time the transaction is entered into, is an authorised participant in relation to it by reason of section 71Z1(1)(a).]

Controlled transaction involving unauthorised participantE+W+S+N.I.

5(1)This paragraph applies if a regulated participant is a party to a controlled transaction in which another participant is not an authorised participant.E+W+S+N.I.

(2)The transaction is void.

(3)Despite sub-paragraph (2)—

(a)any money received by the regulated participant by virtue of the transaction must be repaid by the regulated participant to the person from whom it was received, along with interest at such rate as is determined in accordance with an order made by the Secretary of State;

(b)that person is entitled to recover the money, along with such interest.

(4)If—

(a)the money is not (for whatever reason) repaid as mentioned in sub-paragraph (3)(a), or

(b)the person entitled to recover the money refuses or fails to do so,

the Commission may apply to the court to make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.

(5)In the case of a controlled transaction where a party other than a regulated participant—

(a)at the time the regulated participant enters into the transaction, is an authorised participant, but

(b)subsequently, for whatever reason, ceases to be an authorised participant,

the transaction is void and sub-paragraphs (3) and (4) apply with effect from the time when the other party ceased to be an authorised participant.

(6)This paragraph does not apply to a controlled transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.

Guarantees and securities: unauthorised participantsE+W+S+N.I.

6(1)This paragraph applies if—E+W+S+N.I.

(a)a regulated participant and another person (A) enter into a transaction of a description mentioned in paragraph 2(3)(a),

(b)A is party to a controlled transaction of a description mentioned in paragraph 2(3)(b) (“the connected transaction”) with another person (B), and

(c)B is not an authorised participant.

(2)Paragraph 5(2) to (4) applies to the transaction mentioned in sub-paragraph (1)(a).

(3)The connected transaction is void.

(4)Sub-paragraph (5) applies if (but only if) A is unable to recover from the regulated participant the whole of the money mentioned in paragraph 5(3)(a) (as applied by sub-paragraph (2) above), along with such interest as is there mentioned.

(5)Despite sub-paragraph (3), A is entitled to recover from B any part of that money (and such interest) that is not recovered from the regulated participant.

(6)Sub-paragraph (5) does not entitle A to recover more than the contingent liability under the security provided by virtue of the connected transaction.

(7)In the case of a connected transaction where B—

(a)at the time A enters into the transaction, is an authorised participant, but

(b)subsequently, for whatever reason, ceases to be an authorised participant,

sub-paragraphs (2) to (6) apply with effect from the time when B ceased to be an authorised participant.

(8)This paragraph does not apply to a regulated transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.

(9)If the transaction mentioned in paragraph 2(3)(a) is not a controlled transaction of a description mentioned in paragraph 2(1) or (2), references in this paragraph and paragraph 5(2) to (4) (as applied by sub-paragraph (2) above) to the repayment or recovery of money must be construed as references to (as the case may be)—

(a)the return or recovery of any property provided under the transaction,

(b)to the extent that such is incapable of being returned or recovered or its market value has diminished since the time the transaction was entered into, the repayment or recovery of the market value at that time, or

(c)the market value (at that time) of any facilities or services provided under the transaction.

Transfer to unauthorised participant invalidE+W+S+N.I.

7If an authorised participant purports to transfer his interest in a controlled transaction to a person who is not an authorised participant the purported transfer is of no effect.E+W+S+N.I.

OffencesE+W+S+N.I.

8(1)An individual who is a regulated participant commits an offence if—E+W+S+N.I.

(a)he enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant, and

(b)he knew or ought reasonably to have known that the other participant was not an authorised participant.

(2)A responsible person of a members association commits an offence if—

(a)the association enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant, and

(b)he knew or ought reasonably to have known of the matters mentioned in paragraph (a).

(3)An individual who is a regulated participant commits an offence if—

(a)he enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant,

(b)sub-paragraph (1)(b) does not apply to him, and

(c)as soon as practicable after knowledge that the other participant is not an authorised participant comes to him he fails to take all reasonable steps to repay any money which he has received by virtue of the transaction.

(4)A responsible person of a members association commits an offence if—

(a)the association enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant,

(b)sub-paragraph (2)(b) does not apply to him, and

(c)as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to him he fails to take all reasonable steps to repay any money which the association has received by virtue of the transaction.

(5)An individual who is a regulated participant commits an offence if—

(a)he benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and

(b)he knew or ought reasonably to have known that one of the other parties was not an authorised participant.

(6)A responsible person of a members association commits an offence if—

(a)the association benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and

(b)he knew or ought reasonably to have known of the matters mentioned in paragraph (a).

(7)An individual who is a regulated participant commits an offence if—

(a)he is a party to a transaction of a description mentioned in paragraph 2(3)(a),

(b)he benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant,

(c)sub-paragraph (5)(b) does not apply to him, and

(d)as soon as practicable after knowledge comes to him that one of the parties to the connected transaction is not an authorised participant he fails to take all reasonable steps to repay to any person who has provided him with any benefit in consequence of the connected transaction the value of the benefit.

(8)A responsible person of a members association commits an offence if—

(a)the association is a party to a transaction of a description mentioned in paragraph 2(3)(a),

(b)the association benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant,

(c)sub-paragraph (6)(b) does not apply to him, and

(d)as soon as practicable after knowledge comes to him that one of the parties to the connected transaction is not an authorised participant he fails to take all reasonable steps to repay to any person who has provided the association with any benefit in consequence of the connected transaction the value of the benefit.

(9)A person commits an offence if he—

(a)knowingly enters into, or

(b)knowingly does any act in furtherance of,

any arrangement which facilitates or is likely to facilitate, whether by means of concealment or disguise or otherwise, the participation by a regulated participant in a controlled transaction with a person other than an authorised participant.

(10)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that he took all reasonable steps to prevent the members association entering into the transaction.

(11)It is a defence for a person charged with an offence under sub-paragraph (6) to prove that he took all reasonable steps to prevent the members association benefiting in consequence of the connected transaction.

(12)A reference to a regulated participant entering into a controlled transaction includes a reference to any circumstances in which the terms of a controlled transaction are varied so as to increase the amount of money to which the regulated participant is entitled in consequence of the transaction.

(13)A reference to a regulated participant entering into a transaction in which another participant is not an authorised participant includes a reference to any circumstances in which another party to the transaction who is an authorised participant ceases (for whatever reason) to be an authorised participant.

(14)This paragraph does not apply to a transaction which is entered into before the commencement of section 61 of the Electoral Administration Act 2006.

Transaction reports: transactions with authorised participantsE+W+S+N.I.

9(1)A regulated participant must prepare a report under this paragraph in respect of each controlled transaction entered into by him which is a recordable transaction.E+W+S+N.I.

(2)For the purposes of this paragraph a controlled transaction is a recordable transaction—

(a)if the value of the transaction is more than [F161£7,500] (where the regulated participant is a members association) or [F162£1,500] (in any other case), or

(b)if the aggregate value of it and any other controlled benefit or benefits accruing to the regulated participant—

(i)from the same person and in the same calendar year, and

(ii)in respect of which no report has been previously made under this paragraph,

is more than [F161£7,500] (where the regulated participant is a members association) or [F162£1,500] (in any other case).

(3)A controlled benefit is—

(a)a controlled donation within the meaning of paragraph 1(3) of Schedule 7;

(b)a controlled transaction.

(4)A controlled benefit which is a controlled donation accrues—

(a)from the permissible donor (within the meaning of section 54(2) [F163or (2A)]) who made it, and

(b)when it is accepted by the donee.

(5)A controlled benefit which is a controlled transaction accrues—

(a)from any authorised participant who is a party to it, and

(b)when it is entered into.

(6)For the purposes of this paragraph [F164(other than sub-paragraphs (6A) to (6C)) and section 71Z4 (duty not to disclose contents of transaction reports)] , if—

(a)the value of a controlled transaction as first entered into is such that it is not a recordable transaction, but

(b)the terms of the transaction are subsequently varied in such a way that it becomes a recordable transaction,

the regulated participant must be treated as having entered into a recordable transaction on the date when the variation takes effect.

[F165(6A)But if sub-paragraph (6) would otherwise have the effect that a person who is or has been a member or employee of the Commission could make available to the public information to which this sub-paragraph applies, it does not have that effect.

(6B)Sub-paragraph (6A) applies to information—

(a)which has been obtained by the Commission in the exercise of their functions under Part 4A, and

(b)which relates to a controlled transaction to which a Northern Ireland participant is a party and which was entered into before 1 January 2014.

(6C)Information to which sub-paragraph (6A) applies is to be treated for the purposes of sections 71Z4 and 149A (inspection of Commission’s registers etc.: Northern Ireland) as information relating to a transaction to which section 71Z4 applies.]

(7)A regulated participant must deliver the report prepared in accordance with sub-paragraph (1) to the Commission within the period of 30 days beginning with—

(a)if sub-paragraph (2)(a) applies, the date on which the transaction is entered into;

(b)if sub-paragraph (2)(b) applies, the date on which the benefit which causes the aggregate amount to exceed [F161£7,500] or (as the case may be) [F162£1,500].

(8)Each report prepared in accordance with sub-paragraph (1) must—

(a)give the name and address of the regulated participant, and

(b)if he is the holder of a relevant elective office, specify the office in question.

(9)Each such report must also give—

(a)such information as is required to be given, in the case of a report prepared in accordance with section 71M, by