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Political Parties, Elections and Referendums Act 2000

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Point in time view as at 30/11/2000.

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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—

(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)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), or

(iii)a permitted participant (within the meaning of Part VII);

(c)he is named as a donor in the register of donations reported under Chapter III or V of Part IV or in any statement of donations included in a return delivered to the Commission under section 98 or 122;

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

(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;

(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.

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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.

6(1)Subject to sub-paragraphs (2) and (3) a Deputy Electoral Commissioner shall hold and vacate his office in accordance with the terms of his appointment.

(2)A Deputy 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).

(3)A Deputy Electoral Commissioner may be removed from office by the Commission, but only if they are satisfied that one or more of the following grounds is made out in his case—

(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;

(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.

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

(5)If the terms of his appointment as Deputy Electoral Commissioner so provide, the Commission shall—

(a)pay towards the provision of superannuation benefits for or in respect of a Deputy Electoral Commissioner or former Deputy Electoral Commissioner such amounts as may be provided for by or under those terms;

(b)pay such pension to or in respect of a former Deputy Electoral Commissioner as may be so provided.

(6)In sub-paragraph (5) “pension” includes allowance and gratuity.

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 or a Boundary Committee on, such matters as the Commission or a Boundary Committee think fit.

(2)A person may not be appointed as an Assistant Electoral Commissioner if he is a person who (by virtue of section 3(4)) may not be 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.

CommitteesE+W+S+N.I.

8(1)The Commission may establish (in addition to the Boundary Committees) any committees which the Commission consider appropriate.

(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.

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).

(2)Sub-paragraph (1) does not apply to any function transferred to the Commission by virtue of section 16(1) or by an order under section 18(1), 19(1) or 20(1).

(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.

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 (whether established under paragraph 8 or section 14), including the quorum for meetings.

(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.

StaffE+W+S+N.I.

11(1)The Commission—

(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)A person may not be appointed—

(a)as chief executive of the Commission if he is a person who (by virtue of section 3(4)(a) to (d)) may not be appointed as an Electoral Commissioner, or

(b)as any other member of the staff of the Commission if he is a person who (by virtue of section 3(4)(b) to (d)) may not be appointed as an Electoral Commissioner.

(3)Subject to sub-paragraph (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)The appointment of any member of the staff of the Commission shall terminate—

(a)if he is their chief executive, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3), and

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

(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.

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Marginal Citations

Valid from 21/07/2009

[F1Political restrictions on staffE+W+S+N.I.

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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)

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—

(a)the Commission,

(b)any committee of the Commission (whether established under paragraph 8 or section 14),

(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).

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).

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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—

(a)reimbursed by the Secretary of State under section 18(9) or the Scottish Ministers in pursuance of section 13(9), 19(11) or 145(6); or

(b)met by the National Assembly for Wales in pursuance of section 5(3) or 20(12)).

(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.

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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)

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 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.

(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.

Annual examination of Commission by Comptroller and Auditor GeneralE+W+S+N.I.

16(1)For the purpose of assisting the Speaker’s Committee to discharge their functions under paragraphs 14 and 15 the Comptroller and Auditor General shall in each year—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.

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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

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.

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—

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

(b)signed on behalf of the Commission or a Boundary Committee,

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

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—

(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 Secretary of State for the Home Department.

(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.

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

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

PreliminaryE+W+S+N.I.

1The M9Parliamentary Constituencies Act 1986 shall be amended as follows.

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Marginal Citations

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

2(1)Section 3 (reports of the Commissions) shall be amended as follows.

(2)In subsection (1), for the words from “Each Boundary Commission” to “the whole of that part” there shall be substituted “ The Electoral Commission shall keep under review the representation in the House of Commons of each of England, Scotland, Wales and Northern Ireland and shall, in accordance with subsection (2) below, submit to the Secretary of State separate reports with respect to the whole of each of those parts ”.

(3)For subsection (2) there shall be substituted—

(2)Reports under subsection (1) with respect to a particular part of the United Kingdom shall be submitted by the Electoral Commission not less than eight nor more than twelve years from the date of the last report under that subsection with respect to that part of the United Kingdom.

(4)In subsection (2A), for “a Boundary Commission” there shall be substituted “ the Electoral Commission ”.

(5)In subsection (3)—

(a)for “Any Boundary Commission” there shall be substituted “ The Electoral Commission ”; and

(b)for “the part of the United Kingdom with which they are concerned” there shall be substituted “ any part of the United Kingdom ”.

(6)In subsection (4), for “a Boundary Commission” there shall be substituted “ the Electoral Commission ”.

(7)For subsection (5) there shall be substituted—

(5)As soon as practicable after the Electoral Commission have submitted a report to the Secretary of State under this Act, he shall lay before Parliament—

(a)the report; and

(b)(except where the report states that no alteration is required to be made in respect of the part of the United Kingdom to which it relates) the draft of an Order in Council for giving effect to the recommendations contained in the report.

(8)In subsection (7)—

(a)for “a Boundary Commission under subsection (1) above” there shall be substituted “ the Electoral Commission under subsection (1) above with respect to a particular part of the United Kingdom ”;

(b)for “of the Commission under subsection (1) above” there shall be substituted “ under subsection (1) above with respect to that part of the United Kingdom ”; and

(c)for “a Boundary Commission publishing” there shall be substituted “ a Boundary Committee publishing under section 5 below ”.

(9)For the sidenote for section 3 there shall be substituted “ Reports of the Electoral Commission. ”

(10)In section 3(2) and (7), as amended by this paragraph, any reference to a previous report under section 3(1) with respect to a particular part of the United Kingdom includes a reference to such a report which, at any time before the coming into force of this paragraph in relation to that part, was made with respect to that part by one of the Boundary Commissions constituted under the Act.

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

3After section 3 there shall be inserted—

3A Reviews and proposed recommendations by Boundary Committees.

3A(1)Where the Electoral Commission intend to consider making a report under this Act (“the section 3 report”) with respect to—

(a)a particular part of the United Kingdom, or

(b)any area comprised in a particular part of the United Kingdom,

the Boundary Committee for that part of the United Kingdom shall (subject to subsection (4) below) carry out a review in accordance with this Act for the purpose of enabling them to submit to the Electoral Commission proposals as to the recommendations to be included in the section 3 report.

(2)Once the Boundary Committee have carried out a review under subsection (1) above, they shall accordingly submit to the Electoral Commission a report containing the recommendations which the Committee propose should be included in the section 3 report in the light of the review.

(3)Where the Electoral Commission have received a report of a Boundary Committee under subsection (2) above, the Commission may—

(a)accept in full the proposed recommendations contained in that report and include them in the section 3 report;

(b)accept those proposed recommendations subject to modifications agreed with the Committee and include them, as so modified, in the section 3 report;

(c)reject those proposed recommendations and either—

(i)require the Committee to reconsider their proposed recommendations with a view to deciding whether to submit a further report under subsection (2) above containing different proposed recommendations,

(ii)require the Committee to carry out a fresh review under subsection (1) above with respect to the whole, or any specified part, of the area which was the subject of the original review, or

(iii)(in the case only of a review carried out for the purposes of a report under section 3(3) above) take no further action.

(4)A Boundary Committee shall, in or in connection with the exercise or performance of their powers or duties under this Act, comply with any directions given to them by the Commission (so far as consistent with the rules set out in paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7)).

(5)In this Act—

(a)Boundary Committee” means a Boundary Committee established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000; and

(b)recommendations” includes (unless the context otherwise requires) a recommendation that no alteration is required.

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

4(1)Section 4 (Orders in Council) shall be amended as follows.

(2)In subsection (1), for the words from “, whether with or without modifications,” to “Boundary Commission” there shall be substituted “ to the recommendations contained in a report of the Electoral Commission under this Act ”.

(3)Subsection (2) (draft Order implementing recommendations with modifications) shall be omitted.

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

5For section 5 there shall be substituted—

5 Notices relating to proposed reports or recommendations.

5(1)Where the Electoral Commission intend to consider making a report under this Act, they shall inform the Secretary of State accordingly by notice in writing; and a copy of the notice shall be published—

(a)in the London Gazette, if the report would be with respect to England or Wales (or an area comprised therein);

(b)in the Edinburgh Gazette, if the report would be with respect to Scotland (or an area comprised therein); and

(c)in the Belfast Gazette, if the report would be with respect to Northern Ireland (or an area comprised therein).

(2)Where a Boundary Committee have provisionally determined proposed recommendations affecting any constituency which they are minded to include in a report under section 3A(2) above, they shall publish in at least one newspaper circulating in the constituency a notice stating—

(a)the effect of the proposed recommendations and (except where their effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency; and

(b)that representations with respect to the proposed recommendations may be made to the Boundary Committee within one month after publication of the notice;

and the Boundary Committee shall take into consideration any representations duly made in accordance with any such notice.

(3)Where a Boundary Committee revise any proposed recommendations after publishing a notice of them under subsection (2) above, the Committee shall comply again with that subsection in relation to the revised recommendations, as if no earlier notice had been published.

(4)Where the Electoral Commission are minded to exercise in relation to a Boundary Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) above, they shall have regard to—

(a)any representations duly made with respect to the recommendations in accordance with a notice published under subsection (2) above; or

(b)(where they are minded to exercise any of those powers in relation to part only of the area subject to the Committee’s review) any representations so made with respect to the recommendations so far as relating to that part of that area.

(5)Where a Boundary Committee’s proposed recommendations affecting any constituency have been modified by the Electoral Commission under section 3A(3)(b) above, the Boundary Committee shall publish in at least one newspaper circulating in the constituency a notice stating the effect of those recommendations as so modified.

Local inquiriesE+W+S+N.I.

6(1)Section 6 (local inquiries) shall be amended as follows.

(2)In subsection (1), for “A Boundary Commission” there shall be substituted “ In connection with carrying out any review under section 3A(1) above a Boundary Committee ”.

(3)In subsection (2)—

(a)for “recommendation of a Boundary Commission” there shall be substituted “ proposed recommendation of a Boundary Committee ”;

(b)for “the Commission”, in both places, there shall be substituted “ the Committee ”; and

(c)for “make the recommendation” there shall be substituted “ proceed with the proposed recommendation ”.

(4)In subsection (3), for “Commission” there shall be substituted “ Committee ”.

(5)After subsection (4) there shall be inserted—

(4A)Where a Boundary Committee have caused a local inquiry to be held in pursuance of this Act, the Committee shall take into consideration the findings of the inquiry.

(4B)Where a Boundary Committee have caused a local inquiry to be held in pursuance of this Act and the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) above, the Electoral Commission shall have regard to—

(a)the findings of the inquiry; or

(b)(where they are minded to exercise any of those powers in relation to part only of the area which was the subject of the Committee’s review) the findings of the inquiry so far as relating to that part of that area.

(6)In subsections (5) to (7), for “Commission”, wherever occurring, there shall be substituted “ Committee ”.

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

7(1)Schedule 2 (rules for redistribution of seats) shall be amended as follows.

(2)In paragraph 1(4), for “the Boundary Commission” there shall be substituted “ the Electoral Commission or (as the case may be) the Boundary Committee ”.

(3)In paragraph 5, for “a Boundary Commission” there shall be substituted “ the Electoral Commission or (as the case may be) a Boundary Committee ”.

(4)In paragraph 6, for “A Boundary Commission” there shall be substituted “ The Electoral Commission or (as the case may be) a Boundary Committee ”.

(5)In paragraph 7, for “a Boundary Commission” there shall be substituted “ the Electoral Commission or (as the case may be) a Boundary Committee ”.

(6)In paragraph 8—

(a)the words “for which there is a Boundary Commission” shall be omitted; and

(b)for “report of a Boundary Commission” there shall be substituted “ report of the Electoral Commission (or one made by a Boundary Committee for the purposes of it) ”.

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

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

8Schedule 1 to the Government of Wales Act 1998 (Assembly constituencies and Assembly regions) shall be amended as follows.

9For paragraph 4 there shall be substituted—

4(1)When the Boundary Committee for Wales (“the Committee”) provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alterations in any parliamentary constituencies in Wales, the Committee shall consider whether any alteration—

(a)in the Assembly electoral regions, or

(b)in the allocation of seats to the Assembly electoral regions,

would be required in order to give effect to the rules set out in paragraph 8.

(2)Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which, in the light of their consideration of the question mentioned in that sub-paragraph, the Committee propose should be included in the Electoral Commission’s section 3 report in pursuance of paragraph 7.

(3)In section 3A of the 1986 Act—

(a)subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and

(b)in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 8.

(4)In this paragraph—

  • the Boundary Committee for Wales” means the Committee of that name established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000;

  • the Electoral Commission’s section 3 report” means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made.

10(1)Paragraph 5 (notices of proposed recommendations) shall be amended as follows.

(2)In sub-paragraph (1), for “paragraph 4, the Commission have provisionally determined to make” there shall be substituted “ paragraph 4(1), the Committee have provisionally determined to propose (in pursuance of paragraph 4(2)) ”.

(3)In sub-paragraph (2)—

(a)for “the Commission propose to recommend” there shall be substituted “ their effect is ”; and

(b)for “to the Commission” there shall be substituted “ to the Committee ”.

(4)In sub-paragraphs (3) to (5), for “the Commission”, wherever occurring, there shall be substituted “ the Committee ”.

(5)After sub-paragraph (5) there shall be inserted—

(5A)Where the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above) they shall have regard to—

(a)any representations duly made with respect to the recommendations in accordance with any notice published under sub-paragraph (1); or

(b)(where they are minded to exercise any of those powers in relation to part only of the Assembly electoral region) any representations so made with respect to the recommendations so far as relating to that part of the region.

(5B)Where the Committee’s proposed recommendations have been modified by the Electoral Commission under section 3A(3)(b) of the 1986 Act (as applied by paragraph 4(3) above), the Committee shall publish in at least one newspaper circulating in the Assembly electoral region a notice stating the effect of those recommendations as so modified.

11(1)Paragraph 6 (local inquiries) shall be amended as follows.

(2)In sub-paragraph (1) for “The Commission” there shall be substituted “ For the purposes of this Schedule the Committee ”.

(3)In sub-paragraph (2)—

(a)for “the Commission”, wherever occurring, there shall be substituted “ the Committee ”; and

(b)for “make the recommendation” there shall be substituted “ proceed with the proposed recommendation ”.

(4)In sub-paragraphs (3) and (5), for “the Commission”, wherever occurring, there shall be substituted “ the Committee ”.

(5)After sub-paragraph (5) there shall be added—

(6)Where the Committee have caused a local inquiry to be held in pursuance of this paragraph, the Committee shall take into consideration the findings of the inquiry.

(7)Where the Committee have caused a local inquiry to be held in pursuance of this paragraph and the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above), the Electoral Commission shall have regard to—

(a)the findings of the inquiry; or

(b)(where, in the case of any Assembly electoral region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region.

12In paragraph 7 (reports)—

(a)for “the Commission”, wherever occurring, there shall be substituted “ the Electoral Commission ”;

(b)in sub-paragraph (1)(a), after “constituencies” there shall be inserted “ in Wales ”; and

(c)in sub-paragraph (1)(b), at the end there shall be added “ relating to any constituency or constituencies in Wales. ”

13In paragraph 8 (the rules), for “Commission”, wherever occurring, there shall be substituted “ Electoral Commission or (as the case may be) the Committee ”.

14In paragraph 9(1) (Orders in Council), for the words from “, with or without modifications,” to “the Commission” there shall be substituted “ to the recommendations contained in a report of the Electoral Commission ”.

15In paragraph 10 (interpretation)—

(a)for “the Commission”, wherever occurring, there shall be substituted “ the Electoral Commission ”; and

(b)at the end there shall be added—

(3)Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission.

16In paragraph 11 (definitions)—

(a)for the definition of “the Commission” there shall be substituted—

the Committee” means the Boundary Committee for Wales (as defined by paragraph 4(4));;

and

(b)after that definition there shall be added—

  • recommendations” includes (unless the context otherwise requires) a recommendation that no alteration is required.

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

17Schedule 1 to the Scotland Act 1998 (constituencies, regions and regional members) shall be amended as follows.

18In paragraph 3 (reports of Boundary Commission for Scotland), for sub-paragraph (1) and the cross-heading preceding it there shall be substituted—

3 Reports of Electoral Commission

3(1)This paragraph applies where the Electoral Commission (“the Commission”) submit a report to the Secretary of State under section 3(1) or (3) of the 1986 Act recommending any alteration in any parliamentary constituencies in Scotland.

19After paragraph 4 there shall be inserted—

4A Proposed recommendations by Boundary Committee for Scotland

4A(1)When the Boundary Committee for Scotland provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alteration in any parliamentary constituencies in Scotland, the Committee shall consider whether any alteration within paragraph 3(2) would be required to be made in order to give effect to the rules in paragraph 7.

(2)Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which the Committee propose should be included in the Electoral Commission’s section 3 report in the light of the Committee’s consideration of the question mentioned in that sub-paragraph.

(3)In section 3A of the 1986 Act—

(a)subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and

(b)in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 7.

(4)In this paragraph—

  • the Boundary Committee for Scotland” means the Committee of that name established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000;

  • the Electoral Commission’s section 3 report” means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made.

20(1)Paragraph 5 (notices of proposed recommendations) shall be amended as follows.

(2)In sub-paragraph (1)—

(a)for “the Commission have provisionally determined to make” there shall be substituted “ the Committee have provisionally determined to propose (in pursuance of paragraph 4A(2)) ”;

(b)for “they propose to recommend” there shall be substituted “ their effect is ”; and

(c)for “to the Commission” and “the Commission shall” there shall be substituted “ to the Committee ” and “ the Committee shall ” respectively.

(3)In sub-paragraph (2), for “the Commission”, wherever occurring, there shall be substituted “ the Committee ”.

(4)After sub-paragraph (2) there shall be inserted—

(3)Where the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4A(3) above) they shall have regard to—

(a)any representations duly made with respect to the recommendations in accordance with any notice published under sub-paragraph (1); or

(b)(where they are minded to exercise any of those powers in relation to part only of the region) any representations so made with respect to the recommendations so far as relating to that part of the region.

(4)Where the Committee’s proposed recommendations have been modified by the Electoral Commission under section 3A(3)(b) of the 1986 Act (as applied by paragraph 4A(3) above), the Committee shall publish in at least one newspaper circulating in the region a notice stating the effect of those recommendations as so modified.

21(1)Paragraph 6 (local inquiries) shall be amended as follows.

(2)In sub-paragraph (1) for “The Commission” there shall be substituted “ For the purposes of this Schedule the Committee ”.

(3)In sub-paragraph (2)—

(a)for “the Commission”, wherever occurring, there shall be substituted “ the Committee ”; and

(b)for “make the recommendation” there shall be substituted “ proceed with the proposed recommendation ”.

(4)In sub-paragraph (3), for “the Commission” there shall be substituted “ the Committee ”.

(5)After sub-paragraph (5) there shall be added—

(6)Where the Committee have caused a local inquiry to be held in pursuance of this paragraph, the Committee shall take into consideration the findings of the inquiry.

(7)Where the Committee have caused a local inquiry to be held in pursuance of this paragraph and the Electoral Commission are minded to exercise in relation to the Committee’s proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above), the Electoral Commission shall have regard to—

(a)the findings of the inquiry; or

(b)(where, in the case of any region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region.

22In paragraph 7 (the rules), for “Commission”, wherever occurring, there shall be substituted “ Electoral Commission or (as the case may be) the Committee ”.

23In paragraph 8 (meaning of regional electorate)—

(a)in sub-paragraph (1), for “the Commission” there shall be substituted “ the Electoral Commission ”; and

(b)at the end there shall be added—

(3)Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission.

24After paragraph 8 there shall be added—

9 Interpretation

In this Schedule—

  • the 1986 Act” means the Parliamentary Constituencies Act 1986;

  • the Committee” means the Boundary Committee for Scotland (as defined by paragraph 4A(4));

  • recommendations” includes (unless the context otherwise requires) a recommendation that no alteration is required.

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.

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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
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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
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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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.

Valid from 14/12/2000

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.

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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.

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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.

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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)

Valid from 01/01/2002

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

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Modifications etc. (not altering text)

C3Sch. 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.

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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

Declarations as to source of donationE+W+S+N.I.

1AIn 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.

[F251A[F27(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.

[F28(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.]]

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Amendments (Textual)

F25Sch. 6 para. 1A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(5), 43

F27Sch. 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

[F25Declarations as to source of donation [F26or as to whether residence etc condition satisfied ]]E+W+S+N.I.

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Amendments (Textual)

F25Sch. 6 para. 1A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(5), 43

F26Words in heading before Sch. 6 para. 1A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 10(6)(a), 43

1AIn 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.

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

2(1)In relation to each recordable donation (other than one to which paragraph 6 or 7 applies) a quarterly report must give the following information about the donor—

(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), that address; and

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

(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) 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.

(4)In the case of a company falling within section 54(2)(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 a trade union falling within section 54(2)(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 M10Trade Union and Labour Relations (Consolidation) Act 1992 or the M11Industrial Relations (Northern Ireland) Order 1992.

(7)In the case of a building society within the meaning of the M12Building Societies Act 1986, the report must give—

(a)the name of the society; and

(b)the address of its principal office.

(8)In the case of a limited liability partnership falling within section 54(2)(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) the report must give—

(a)the name of the association; and

(b)the address of its main office in the United Kingdom.

(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) 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), 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 M13People 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.

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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

Valid from 01/11/2007

[F22AIn 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 or industrial and provident society 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.]

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Amendments (Textual)

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

3In 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.

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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)

Valid from 01/11/2007

[F33A 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.]

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Amendments (Textual)

F3Sch. 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.

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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).

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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)

Valid from 11/09/2006

[F4Application of reporting requirementE+W+S+N.I.

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Amendments (Textual)

F4Sch. 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—

(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).

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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).

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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.

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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)

Valid from 11/09/2006

[F5SCHEDULE 6AE+W+S+N.I.Details to be given in transaction reports

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Amendments (Textual)

F5Sch. 6A inserted (11.9.2006 and 1.1.2007 for E.W.S. for certain purposes, 1.7.2008 for N.I. for certain purposes and otherwise prosp.) 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.)

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

[F6Declaration as to whether residence etc condition satisfiedE+W+S+N.I.

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Amendments (Textual)

F6Sch. 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, 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).

(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), 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) 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) 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) 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.

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

(a)the name of the society, and

(b)the address of its principal office.

(8)In the case of a limited liability partnership falling within section 54(2)(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) the report must give—

(a)the name of the association, and

(b)the address of its main office in the United Kingdom.

Valid from 01/07/2008

[F72A(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 or industrial and provident society 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.]

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Amendments (Textual)

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.

(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) 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.

Valid from 01/07/2008

[F83A 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.]

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Amendments (Textual)

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

4In 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—

(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).

Valid from 01/07/2008

[F94A 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).]

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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, 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.

(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).

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—

(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;

(c)member of the Scottish Parliament;

(d)member of the National Assembly for Wales;

(e)member of the Northern Ireland Assembly;

(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

(b)otherwise any person responsible for dealing with donations to the association.

(10)Where—

(a)at a time when any order is in force under section 70(1) a donation is received by a regulated donee resident or carrying on activities in Great Britain, and

(b)the order provides for this sub-paragraph to apply to any such donation,

section 54(2)(c) shall have effect in relation to the donation as if it referred only to a registered party which is registered in the Great Britain register.

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Modifications etc. (not altering text)

C4Sch. 7 para. 1(10) applied (16.2.2001) by S.I. 2001/446, art. 5

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)

Valid from 01/01/2010

[F10Appointment of responsible person by members association with no treasurerE+W+S+N.I.

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Amendments (Textual)

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.

Valid from 01/01/2010

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)—

(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)any money lent to the donee otherwise than on commercial terms;

(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)for the purposes of sub-paragraph (1)(d) whether any money lent to a regulated donee is so lent otherwise than on commercial terms, or

(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 the loan or 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.

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Modifications etc. (not altering text)

C5Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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).

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Modifications etc. (not altering text)

C8Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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—

(a)any facility provided in pursuance of any right conferred on candidates at an election by any enactment;

(b)the provision of assistance by a person appointed under section 9 of the M14Local 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)except for the purposes of paragraph 14, any donation whose value (as determined in accordance with paragraph 5) is not more than £200.

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Modifications etc. (not altering text)

C11Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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.

(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 2(1)(d) or (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 the loan or the provision of the property, services or facilities if—

(i)the loan had been made, or

(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.

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Modifications etc. (not altering text)

C12Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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—

(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 £200 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 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 £200,

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 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).

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Modifications etc. (not altering text)

C15Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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

[F11Declaration as to source of donationE+W+S+N.I.

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Amendments (Textual)

F11Sch. 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

[F12Declaration as to whether residence etc condition satisfiedE+W+S+N.I.

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Amendments (Textual)

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.

(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.

(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

(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), 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.

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Modifications etc. (not altering text)

C18Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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.

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Modifications etc. (not altering text)

C19Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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).

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Modifications etc. (not altering text)

C22Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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(1)A regulated donee shall—

(a)prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation; and

(b)deliver the report to the Commission within the period of 30 days beginning with the date of acceptance of the donation.

(2)For the purposes of this paragraph a controlled donation is a recordable donation—

(a)if it is a donation of more than £5,000 (where the donee is a members association) or £1,000 (in any other case); or

(b)if, when it is added to any other controlled donation or donations accepted by the donee—

(i)which have been made by the same permissible donor 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 donations is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).

(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 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.

(5)In the application of paragraphs 2 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 a donation to which paragraph 7(2) applies, sub-paragraph (2)(b) above shall have effect as if for “by the same permissible donor” there were substituted “ in circumstances falling within paragraph 7(2) ”.

(7)In the case of a donation to which paragraph 7(3) applies—

(a)sub-paragraph (2)(b) above shall have effect as if for “by the same permissible donor” 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.

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Modifications etc. (not altering text)

C25Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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.

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Modifications etc. (not altering text)

C28Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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 not delivered by the end of the period of 30 days mentioned in that provision—

(a)the regulated donee, or

(b)(if a members association) the responsible person,

is guilty of an offence.

(2)If such a report is delivered to the Commission which does not comply with any requirements of paragraph 10 or 11 as regards the information to be given in such a report—

(a)the regulated donee, or

(b)(if a members association) the responsible person,

is guilty of an offence.

(3)Where a person is charged with an offence under this paragraph, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any requirements—

(a)as regards the preparation and delivery of a report in respect of the donation in question, or

(b)as regards the information to be given in the report in question,

as the case may be, were complied with in relation to that donation or report.

(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.

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Modifications etc. (not altering text)

C31Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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.

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Modifications etc. (not altering text)

C34Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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)

Part IVE+W+S+N.I. Reporting of donations by donors

14(1)This paragraph applies where a person (“the donor”) has during the course of a calendar year made small donations to a regulated donee whose aggregate value is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).

(2)The donor must make a report to the Commission in respect of the donations which gives the following details—

(a)the aggregate value of the donations and the year in which they were made;

(b)the name of the regulated donee to whom they were made; and

(c)the full name and address of the donor (if an individual) and (in any other case) the details required by virtue of paragraph 2 of Schedule 6 in respect of the donor of a recordable donation.

(3)The report must be delivered to the Commission by 31st January in the year following that in which the donations were made.

(4)The report must, when delivered to the Commission, be accompanied by a declaration by the donor stating—

(a)that small donations whose aggregate value was that specified in the report were made by him to the specified regulated donee during the specified year, and

(b)that no other small donations were made by him to that regulated donee during that year.

(5)A person commits an offence if—

(a)he delivers a report under this paragraph which does not comply with sub-paragraph (2);

(b)he fails to deliver such a report in accordance with sub-paragraph (3) or such a report, when delivered by him, is not accompanied by a declaration under sub-paragraph (4); or

(c)he knowingly or recklessly makes a false declaration under that sub-paragraph.

(6)In this paragraph—

(a)small donation” means a controlled donation whose value is not more than £200; and

(b)specified” means specified in the report in question.

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Modifications etc. (not altering text)

C38Sch. 7 paras. 2 to 15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

Commencement Information

I36Sch. 7 wholly in force; Sch. 7 partly in force at Royal Assent, see s. 163(3); Sch. 7 in force insofar as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to the transitional provisions in Pt. II of Sch. 1)

Part VE+W+S+N.I. Register of donations

Register of recordable donationsE+W+S+N.I.

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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.

(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)subsection (3) shall be read as referring to paragraph 14 and sub-paragraph (2) of that paragraph instead of to section 68 and subsection (2) of that section.

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Modifications etc. (not altering text)

C42Sch. 7 paras. 2-15 excluded (temp. from 16.2.2001) by S.I. 2001/446, art. 3

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)

Valid from 01/07/2009

[F13Donations to holders of certain elective officesE+W+S+N.I.

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Amendments (Textual)

F13Sch. 7 para. 15A and preceding cross-heading inserted (1.7.2009 for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 59(3), 77(2); S.I. 2009/1509, art. 2 (with art. 3)

15A(1)This paragraph applies in relation to donations received by a holder of a relevant elective office 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.]

Part VIE+W+S+N.I. Power to make special provision

Exemption from disclosureE+W+S+N.I.

16(1)The power conferred by section 70(1)(b) shall include power to make provision for disapplying any specified provisions of Part IV of this Act, for such period as is specified, in relation to regulated donees who are—

(a)individuals ordinarily resident in Northern Ireland; or

(b)members associations wholly or mainly consisting of members of a Northern Ireland party.

(2)Each order under section 70(1)(b) (as applied by sub-paragraph (1)) shall be so made as to—

(a)apply to every person or members association falling within sub-paragraph (1)(a) or (b), and

(b)make the same provision with respect to every such person or members association.

(3)In this paragraph “specified” and “Northern Ireland party” have the same meaning as in section 70.

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Commencement Information

I38Sch. 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 the transitional provisions in Sch. 1 Pt. II)

Valid from 01/01/2010

[F14Part 7 E+W+S+N.I.Compliance officers

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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.]

Valid from 11/09/2006

SCHEDULE 7AE+W+S+N.I.Control of loans etc to individuals and members associations

[F15Operation and construction of ScheduleE+W+S+N.I.

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Amendments (Textual)

F15Sch. 7A inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. for certain purposes and 1.7.2009 otherwise) 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)

1(1)This Schedule has effect for controlling loans and certain other transactions where one of the parties to the transaction is—

(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), as if for the reference in paragraph 1(9)(b) of that Schedule to donations there were a reference to receipts from controlled transactions.

(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.

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.

(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 £200.

(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.

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—

(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).

(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.

Prospective

[F16Declaration that residence etc condition satisfiedE+W+S+N.I.

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Amendments (Textual)

F16Sch. 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.

(2)For the purposes of this paragraph a controlled transaction is a recordable transaction—

(a)if the value of the transaction is more than £5,000 (where the regulated participant is a members association) or £1,000 (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 £5,000 (where the regulated participant is a members association) or £1,000 (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)) 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, 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.

(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 £5,000 or (as the case may be) £1,000 accrues.

(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 virtue of paragraphs 2 and 5(2) and (3) of Schedule 6A;

(b)in relation to a controlled transaction of a description mentioned in paragraph 2(1) or (2) above, such information as is required to be given, in the case of a report prepared in accordance with that section, by virtue of paragraph 6 of that Schedule;

(c)in relation to a controlled transaction of a description mentioned in paragraph 2(3)(b) above, such information as is required to be given, in the case of a report prepared in accordance with that section, by virtue of paragraph 7 of that Schedule;

(d)the date on which the transaction is entered into;

(e)such other information as is required by regulations made by the Commission.

(10)In the application of paragraphs 2, 5(2) and (3), 6 and 7 of Schedule 6A in accordance with sub-paragraph (9) above—

(a)any reference to a recordable transaction within the meaning of that Schedule must be construed as a reference to a recordable transaction within the meaning of this paragraph;

(b)any reference to section 71G or section 71F(4)(a) must be construed as a reference to paragraph 3 above or paragraph 2(3)(a) above;

(c)any reference to a regulated transaction or a registered party within the meaning of that Schedule must be construed as a reference to a controlled transaction or a regulated participant within the meaning of this paragraph;

(d)any reference to a transaction report within the meaning of that Schedule must be construed as a reference to a report under this paragraph.

Transaction reports: transactions with unauthorised participantsE+W+S+N.I.

10(1)A regulated participant must—

(a)prepare a report under this paragraph in respect of each controlled transaction entered into by him and falling within paragraph 5 or 6(1)(b), and

(b)deliver the report to the Commission within the period of 30 days beginning with the date when the transaction was dealt with in accordance with that paragraph.

(2)Each such report must—

(a)give the name and address of the regulated participant;

(b)if he is the holder of a relevant elective office, specify the office in question.

(3)Each such report in respect of a transaction falling within paragraph 5 must also give—

(a)the name and address of the unauthorised participant;

(b)the nature of the transaction (that is to say, whether it is a loan or a credit facility);

(c)the value of the transaction or, in the case of a credit facility to which no limit is specified, a statement to that effect;

(d)the date on which the transaction was entered into and the date when, and manner in which, it was dealt with in accordance with paragraph 5;

(e)such other information as is required by regulations made by the Commission.

(4)Each such report in respect of a transaction falling within paragraph 6(1)(b) must also give—

(a)the name and address of the unauthorised participant;

(b)the value of the transaction or, in the case of a security to which no limit is specified, a statement to that effect;

(c)a description of the principal features of the transaction mentioned in paragraph 6(1)(a);

(d)where the security given consists in or includes rights over any property, the nature of that property;

(e)the date on which the transaction was entered into and the date when, and manner in which, it was dealt with in accordance with paragraph 6;

(f)such other information as is required by regulations made by the Commission.

Transaction reports: changes to recorded transactionsE+W+S+N.I.

11(1)A regulated participant must—E+W+S+N.I.

(a)prepare a report under this paragraph in respect of each change to a recorded transaction; and

(b)deliver the report to the Commission within the period of 30 days beginning with the date on which the change takes effect.

(2)A recorded transaction is a transaction recorded in a report under paragraph 9.

(3)There is a change to a recorded transaction if—

(a)another authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant),

(b)there is any change in the details given in relation to the transaction in pursuance of paragraph 9(9), or

(c)the transaction comes to an end.

(4)For the purposes of sub-paragraph (3)(c), a loan comes to an end if—

(a)the whole debt (or all the remaining debt) is repaid;

(b)the creditor releases the whole debt (or all the remaining debt).

(5)There is also a change to a recorded transaction if a person who is not an authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant).

(6)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.

(7)Each such report must also give—

(a)details of the change;

(b)the date on which the change takes effect;

(c)in the case of a change falling within sub-paragraph (5), the date when and the manner in which the transaction was dealt with in accordance with paragraph 5 or 6;

(d)such other information as is required by regulations made by the Commission.

Offence of failing to deliver transaction reportE+W+S+N.I.

12(1)Where a report required to be delivered to the Commission under paragraph 9(1), 10(1) or 11(1) is not delivered by the end of the period of 30 days mentioned in paragraph 9(7), 10(1) or 11(1)—

(a)the regulated participant, or

(b)(if a members association) the responsible person,

is guilty of an offence.

(2)If such a report is delivered to the Commission which does not comply with any requirements of paragraph 9, 10 or 11 as regards the information to be given in such a report—

(a)the regulated participant, or

(b)(if a members association) the responsible person,

is guilty of an offence.

(3)Where a person is charged with an offence under this paragraph, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any requirements—

(a)as regards the preparation and delivery of a report in respect of the transaction in question, or

(b)as regards the information to be given in the report in question,

as the case may be, were complied with in relation to that transaction or report.

(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 transaction entered into by a regulated participant was attributable to an intention on the part of any person to conceal the existence or true value of the transaction, the court may 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)An order under sub-paragraph (4) may in particular—

(a)where the transaction is a loan or credit facility, require that any amount owed by the regulated participant be repaid (and that no further sums be advanced under it);

(b)where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged.

Declaration in transaction reportE+W+S+N.I.

13(1)Each report under paragraph 9 or 10 must, when delivered to the Commission, be accompanied by a declaration made by—E+W+S+N.I.

(a)the regulated participant, 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 9, the declaration must state that, to the best of the declarant's knowledge and belief, any transaction recorded in the report as having been entered into by the regulated participant was entered into with an authorised participant.

(3)In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant's knowledge and belief, the transaction recorded in the report as having been entered into by the regulated participant has been dealt with in accordance with paragraph 5 or 6.

(4)A person commits an offence if he knowingly or recklessly makes a false declaration under this paragraph.

Existing transactionsE+W+S+N.I.

14(1)Paragraphs 9 to 11 have effect in relation to existing transactions as they have effect in relation to transactions entered into after the date on which those paragraphs come into force, except that—E+W+S+N.I.

(a)references in paragraph 9 to a controlled benefit do not include references to a controlled donation;

(b)in paragraph 9(2)(b)(i) the words “and in the same calendar year” are omitted;

(c)the requirement in paragraph 9(7), 10(1)(b) or 11(1)(b) is a requirement to deliver the report within the period of 60 days beginning with the date on which that provision comes into force.

(2)An existing transaction is a controlled transaction which, at the date on which paragraphs 9 to 11 come into force, has not come to an end for the purposes of paragraph 11(3)(c).

Register of recordable transactionsE+W+S+N.I.

15(1)Section 71V applies in relation to transactions reported to the Commission under this Schedule (“relevant transactions”) as it applies to transactions reported to them under Part 4A of this Act.

(2)But in its application in accordance with sub-paragraph (1), section 71V(2) has effect in relation to a relevant transaction 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 transaction in pursuance of paragraph 9(8) and (9), 10(2), (3) and (4) or 11(6) and (7).

Proceedings under paragraphs 5 and 12E+W+S+N.I.

17(1)This paragraph has effect in relation to proceedings on applications under paragraphs 5(4) and 12(4).

(2)The court is—

(a)in England and Wales, the county court;

(b)in Scotland, the sheriff, and the proceedings are civil proceedings;

(c)in Northern Ireland, the county court.

(3)The standard of proof is that applicable to civil proceedings.

(4)An order may be made whether or not proceedings are brought against any person for an offence under paragraph 8 or 12(1) or (2).

(5)An appeal against an order made by the sheriff may be made to the Court of Session.

(6)Rules of court may make provision—

(a)with respect to applications or appeals from proceedings on such applications;

(b)for the giving of notice of such applications or appeals to persons affected;

(c)for the joinder, or in Scotland sisting, of such persons as parties;

(d)generally with respect to procedure in such applications or appeals.

(7)Sub-paragraph (6) does not affect any existing power to make rules.

Valid from 01/01/2010

[F17Compliance officersE+W+S+N.I.

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Amendments (Textual)

18(1)This paragraph applies where a regulated participant who is the holder of a relevant elective office (the “office-holder”) has given a notice to the Commission under paragraph 17 of Schedule 7 appointing an individual as compliance officer for the office-holder.E+W+S+N.I.

(2)Where the notice is for the time being in force—

(a)any duty imposed on the office-holder under paragraph 9, 10, 11 or 13 may be discharged either by the office-holder or by the compliance officer;

(b)paragraph 12(1) and (2) applies to the compliance officer as well as the office-holder (so that either or both of them may be charged with an offence under paragraph 12(1) or (2));

(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 transaction entered into by the office-holder at a time when the notice was not in force.]]

Section 72.

SCHEDULE 8E+W+S+N.I. Campaign expenditure: qualifying expenses

Part IE+W+S+N.I. Qualifying expenses

Expenses qualifying where incurred for election purposesE+W+S+N.I.

1For the purposes of section 72(2) the expenses falling within this Part of this Schedule are expenses incurred in respect of any of the matters set out in the following list.E+W+S+N.I.

List of matters

(1)Party political broadcasts.

Expenses in respect of such broadcasts include agency fees, design costs and other costs in connection with preparing or producing such broadcasts.

(2)Advertising of any nature (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

(3)Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area or areas).

Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

(4)Any manifesto or other document setting out the party’s policies.

Expenses in respect of such a document include design costs and other costs in connection with preparing or producing or distributing or otherwise disseminating any such document.

(5)Market research or canvassing conducted for the purpose of ascertaining polling intentions.

(6)The provision of any services or facilities in connection with press conferences or other dealings with the media.

(7)Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with an election campaign.

Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the period during which the election campaign is being conducted.

(8)Rallies and other events, including public meetings (but not annual or other party conferences) organised so as to obtain publicity in connection with an election campaign or for other purposes connected with an election campaign.

Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.

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Commencement Information

I39Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 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)

ExclusionsE+W+S+N.I.

2Nothing in paragraph 1 shall be taken as extending to—

(a)any expenses in respect of newsletters or similar publications issued by or on behalf of the party with a view to giving electors in a particular electoral area information about the opinions or activities of, or other personal information relating to, their elected representatives or existing or prospective candidates;

(b)any expenses incurred in respect of unsolicited material addressed to party members;

(c)any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(d)any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the party; or

(e)any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.

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Commencement Information

I40Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 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. Supplemental

Guidance by CommissionE+W+S+N.I.

3(1)The Commission may prepare, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within Part I of this Schedule.E+W+S+N.I.

(2)Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval.

(3)The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.

(4)Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—

(a)in its original form, or

(b)in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

(5)If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them.

(6)If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code.

(7)If no such resolution is made within the 40-day period—

(a)the Secretary of State shall issue the code in the form of the draft laid before Parliament, and

(b)the code shall come into force on such date as the Secretary of State may by order appoint;

and the Commission shall arrange for it to be published in such manner as they consider appropriate.

(8)Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

(9)In this paragraph “40-day period”, in relation to a draft code, means—

(a)if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b)in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10)In this paragraph references to a draft code include a draft revised code.

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Commencement Information

I41Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 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)

Power to amend Part IE+W+S+N.I.

4(1)The Secretary of State may by order make such amendments of Part I of this Schedule as he considers appropriate.E+W+S+N.I.

(2)The Secretary of State may make such an order either—

(a)where the order gives effect to a recommendation of the Commission; or

(b)after consultation with the Commission.

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Commencement Information

I42Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 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)

Valid from 16/02/2001

Section 79.

SCHEDULE 9E+W+S+N.I. Limits on campaign expenditure

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

InterpretationE+W+S+N.I.

1(1)In this Schedule—

(a)an ordinary general election to the Scottish Parliament” means an election held under section 2 of the M15Scotland Act 1998;

(b)an extraordinary general election to the Scottish Parliament” means an election held under section 3 of the M16Scotland Act 1998;

(c)an ordinary election to the Welsh Assembly” means an election held under section 3 of the M17Government of Wales Act 1998;

(d)an ordinary general election to the Northern Ireland Assembly” means an election held under section 31 of the M18Northern Ireland Act 1998; and

(e)an extraordinary general election to the Northern Ireland Assembly” means an election held under section 32 of the M19Northern Ireland Act 1998.

(2)For the purposes of this Schedule a registered party—

(a)contests a constituency if any candidate stands for election for that constituency in the name of the party; and

(b)contests any region if the party is included in the statement of parties and candidates nominated for that region.

(3)For the purposes of this Schedule a parliamentary general election is pending during the period—

(a)beginning with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b)ending with the date of the poll for that election.

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Commencement Information

I43Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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

Attribution of expenditure to different parts of the United KingdomE+W+S+N.I.

2(1)For the purposes of this Schedule—

(a)campaign expenditure incurred by or on behalf of a party registered in the Great Britain register shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland and Wales in proportion to the number of parliamentary constituencies for the time being situated in that part of Great Britain; and

(b)campaign expenditure incurred by or on behalf of a party registered in the Northern Ireland register shall be attributed solely to Northern Ireland.

(2)Campaign expenditure whose effects are wholly or substantially confined to any particular parts or part of Great Britain—

(a)shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or

(b)shall be attributed solely to that part,

as the case may be.

(3)For the purposes of sub-paragraph (2) the effects of campaign expenditure are wholly or substantially confined to any particular parts or part of Great Britain if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of Great Britain).

(4)References in this Schedule to campaign expenditure “in” a particular part of the United Kingdom are accordingly to campaign expenditure which is to be attributed to that part in accordance with this paragraph.

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Commencement Information

I44Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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. General limits

Parliamentary general electionsE+W+S+N.I.

3(1)This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at a parliamentary general election.E+W+S+N.I.

(2)Where a registered party contests one or more constituencies in England, Scotland or Wales, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of Great Britain is—

(a)£30,000 multiplied by the number of constituencies contested by the party in that part of Great Britain; or

(b)if greater, the appropriate amount specified in sub-paragraph (3).

(3)The appropriate amount is—

(a)in relation to England, £810,000;

(b)in relation to Scotland, £120,000; and

(c)in relation to Wales, £60,000.

(4)Where a registered party contests one or more constituencies in Northern Ireland, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in Northern Ireland is £30,000 multiplied by the number of constituencies contested by the party there.

(5)Sub-paragraph (6) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.

(6)In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) or (4) (as the case may be) shall, instead of being the amount specified in that provision, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (5).

(7)For the purposes of this paragraph the relevant period is—

(a)(subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;

(b)where the election (“the election in question”) follows another parliamentary general election held less than 365 days previously, the period—

(i)beginning with the day after the date of the poll for the earlier election, and

(ii)ending with the date of the poll for the election in question.

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Modifications etc. (not altering text)

C45Sch. 9 para. 3(2)(a) amended (with application if the date of the poll for the next parliamentary general election after 29.1.2001 is before 16.2.2002) by S.I. 2001/222, art. 2, Sch. 1 Pt. II para. 5(3)

C46Sch. 9 para. 3(7)(a) amended (with application if the date of the poll for the next parliamentary general election after 29.1.2001 is before 16.2.2002) by S.I. 2001/222, art. 2, Sch. 1 Pt. II para. 5(2)

C47Sch. 9 para. 3(4) amended (with application if the date of the poll for the next parliamentary general election after 29.1.2001 is before 16.2.2002) by S.I. 2001/222, art. 2, Sch. 1 Pt. II para. 5(3)

Commencement Information

I45Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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)

General elections to European ParliamentE+W+S+N.I.

4(1)This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which stands for election or (as the case may be) in whose name candidates stand for election at a general election to the European Parliament.

(2)Where at the election a registered party stands for election in only one electoral region in England, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in England is £45,000 multiplied by the number of MEPs to be returned for that region at the election.

(3)Where at the election a registered party stands for election in two or more electoral regions in England, the limit applying to campaign expenditure incurred by or on behalf of the party in the relevant period in England is £45,000 multiplied by the total number of MEPs to be returned for those regions, taken together.

(4)Where at the election—

(a)a registered party stands for election in Scotland or Wales, or

(b)one or more candidates stand for election in Northern Ireland in the name of a registered party,

the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of the United Kingdom is £45,000 multiplied by the number of MEPs to be returned for that part of the United Kingdom at the election.

(5)For the purposes of this paragraph the relevant period is the period of four months ending with the date of the poll for the election.

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Commencement Information

I46Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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)

General elections to Scottish ParliamentE+W+S+N.I.

5(1)This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary or extraordinary general election to the Scottish Parliament.

(2)The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Scotland is—

(a)£12,000 for each constituency contested by the party; plus

(b)£80,000 for each region contested by the party.

(3)In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4)In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—

(a)the date of the poll is that determined by section 2(2) of the M20Scotland Act 1998; or

(b)no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or

(c)no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.

(5)In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the M21Scotland Act 1998 and ending with the date of the poll for the election.

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Commencement Information

I47Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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

Ordinary elections to Welsh AssemblyE+W+S+N.I.

6(1)This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary election to the Welsh Assembly.

(2)The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Wales is—

(a)£10,000 for each constituency contested by the party; plus

(b)£40,000 for each region contested by the party.

(3)For the purposes of this paragraph “the relevant period” is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4)In sub-paragraph (3) “the appropriate date” is the date which falls four months before the date of the poll where—

(a)the date of the poll is that determined by section 3(2) of the M22Government of Wales Act 1998;

(b)no less than five months before the day on which the poll would have taken place under section 3(2) of that Act, the date of the poll is brought forward under section 3(3) of that Act; or

(c)no less than four months before the day on which the poll would have taken place under section 3(2) of the Act, the date of the poll is postponed under section 3(3) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 3(2) of that Act.

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Commencement Information

I48Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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

General elections to Northern Ireland AssemblyE+W+S+N.I.

7(1)This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at an ordinary or extraordinary general election to the Northern Ireland Assembly.

(2)The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Northern Ireland is £17,000 for each constituency contested by the party.

(3)In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4)In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—

(a)the date of the poll is that determined by section 31(1) and (2) of the M23Northern Ireland Act 1998;

(b)no less than five months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is brought forward under section 31(3) of that Act; or

(c)no less than four months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is postponed under section 31(3) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 31(1) and (2) of that Act.

(5)In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 32(1) or (3) of the M24Northern Ireland Act 1998 and ending with the date of the poll for the election.

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Modifications etc. (not altering text)

Commencement Information

I49Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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

Part IIIE+W+S+N.I. Limits applying in special circumstances

Combination of elections to European Parliament and to devolved legislatureE+W+S+N.I.

8(1)This paragraph applies where (apart from this paragraph)—E+W+S+N.I.

(a)separate limits would apply as follows to campaign expenditure incurred by or on behalf of a registered party in Scotland, Wales or Northern Ireland (as the case may be), namely—

(i)under paragraph 4 in relation to a general election to the European Parliament; and

(ii)under paragraph 5, 6 or 7 in relation to an election within that paragraph; and

(b)any part of the period which would be the relevant period for the purposes of paragraph 4 falls within any part of the period which would be the relevant period for the purposes of paragraph 5, 6 or 7.

(2)In such a case—

(a)neither paragraph 4 nor paragraph 5, 6 or 7 (as the case may be) shall apply, in connection with either of those elections, to campaign expenditure incurred by or on behalf of the party in Scotland, Wales or Northern Ireland (as the case may be); and

(b)the limit imposed by this paragraph shall apply to it instead.

(3)The limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period for the purposes of this paragraph in Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—

(a)the limit which by virtue of paragraph 4 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and

(b)the limit which by virtue of paragraph 5, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4)For the purposes of this paragraph “the relevant period” is the period which—

(a)begins with whichever is the earlier of the dates on which the periods mentioned in sub-paragraph (1) begin, and

(b)ends with whichever is the later of the dates on which those periods end.

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Commencement Information

I50Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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)

Combined limits where parliamentary election pendingE+W+S+N.I.

9(1)This paragraph applies where—E+W+S+N.I.

(a)separate limits would (apart from this paragraph) apply as follows to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be), namely—

(i)under paragraph 3 in relation to a parliamentary general election; and

(ii)under paragraph 4, 5, 6, 7 or 8 in relation to an election or elections within that paragraph; and

(b)the parliamentary general election is pending during any part of the period in relation to which the limit imposed by paragraph 4, 5, 6, 7 or 8 would (apart from this paragraph) apply.

(2)In such a case—

(a)neither paragraph 3, nor paragraph 4, 5, 6, 7 or 8 (as the case may be) shall apply to the expenditure mentioned in sub-paragraph (1)(a); and

(b)the limit or limits imposed by this paragraph shall apply to it instead.

(3)Subject to sub-paragraphs (5) to (7), the limit applying to campaign expenditure which is incurred by or on behalf of the registered party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—

(a)the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and

(b)the limit which by virtue of paragraph 4, 5, 6, 7 or 8 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4)For the purposes of sub-paragraph (3) “the relevant period” is—

(a)where the parliamentary general election takes place at the same time as, or later than—

(i)the election in relation to which paragraph 4, 5, 6 or 7 would otherwise apply, or

(ii)(as the case may be) the later of the elections in relation to which paragraph 8 would otherwise apply,

the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;

(b)where the parliamentary general election takes place earlier than the election mentioned in paragraph (a)(i) or (ii), the period which—

(i)begins at the beginning of the period mentioned in paragraph (a), and

(ii)ends with the date of the poll for the later, or (where paragraph 8 would otherwise apply) the last, of the elections.

(5)Where sub-paragraph (1)(a)(i) is applicable in the case of each of two parliamentary general elections which are pending during different parts of any such period as is mentioned in sub-paragraph (1)(b), the limits applying to campaign expenditure which is incurred by or on behalf of the registered party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—

(a)in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—

(i)the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and

(ii)the limit mentioned in sub-paragraph (3)(b) above; and

(b)in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(6)For the purposes of sub-paragraph (5) “the first relevant period” is the period which—

(a)begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and

(b)ends with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with the second of the parliamentary general elections to take place.

(7)For the purposes of sub-paragraph (5) “the second relevant period” is the period which—

(a)begins on the day after the date mentioned in sub-paragraph (6)(b) above; and

(b)ends with whichever is the later of the following, namely—

(i)the date of the poll for the second parliamentary general election to take place; and

(ii)the date of the poll for the election in relation to which paragraph 4, 5, 6 or 7 would otherwise apply or, as the case may be, the date of the poll for the later of the elections in relation to which paragraph 8 would otherwise apply.

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Commencement Information

I51Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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)

Combination of limit under paragraph 9 and other limitE+W+S+N.I.

10(1)This paragraph applies where—E+W+S+N.I.

(a)a limit under paragraph 9 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be) in relation to a period that would either be—

(i)a relevant period for the purposes of paragraph 9(3), or

(ii)a first relevant period for the purposes of paragraph 9(5); and

(b)another limit under paragraph 4, 5, 6, 7 or 8 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to a period (“the other campaign period”) which is not a period during which the parliamentary general election is pending but which either—

(i)falls wholly within, or

(ii)ends at any time falling within,

the period mentioned in paragraph (a).

(2)In such a case—

(a)the limit imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and

(b)instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.

(3)The limit applying to campaign expenditure which is incurred by or on behalf of the party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—

(a)the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and

(b)the limit applying, by virtue of paragraph 4, 5, 6, 7 or 8 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4)For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—

(a)the beginning of the period which is the relevant period for the purposes of paragraph 4, 5, 6, 7 or 8 (as the case may be), and

(b)the beginning of the period mentioned in sub-paragraph (1)(a),

and ends at the end of the period mentioned in sub-paragraph (1)(a).

(5)Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 4, 5, 6, 7 or 8 in relation to any period which is a relevant period for the purposes of that paragraph.

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Commencement Information

I52Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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)

Combination of parliamentary general election and other election, or elections, falling within paragraphs 4 to 8E+W+S+N.I.

11(1)This paragraph applies where—E+W+S+N.I.

(a)a limit under paragraph 3 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be);

(b)another limit under paragraph 4, 5, 6, 7 or 8 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to any period (“the other campaign period”) which either—

(i)falls wholly within, or

(ii)ends at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election; and

(c)paragraph 9 does not apply in connection with that expenditure.

(2)In such a case—

(a)the limit imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and

(b)instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.

(3)The limit applying to campaign expenditure which is incurred by or on behalf of the party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of—

(a)the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and

(b)the limit applying by virtue of paragraph 4, 5, 6, 7 or 8 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4)Where two or more periods (“the other campaign periods”) which are relevant periods for the purposes of any of paragraphs 4, 5, 7 or 8—

(a)fall wholly within, or

(b)end at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).

(5)For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—

(a)the beginning of—

(i)the period which is the relevant period for the purposes of paragraph 4, 5, 6, 7 or 8 (as the case may be), or

(ii)where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of any of paragraphs 4, 5, 7 or 8 is the first to begin, and

(b)the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,

and ends with the date of the poll for the parliamentary general election.

(6)Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 4, 5, 6, 7 or 8 in relation to any period which is a relevant period for the purposes of that paragraph.

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Commencement Information

I53Sch. 9 wholly in force at 16.2.2001; Sch. 9 not in force at Royal Assent, see s. 163(2); Sch. 9 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)

Valid from 16/02/2001

Section 94.

SCHEDULE 10E+W+S+N.I. Limits on controlled expenditure

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

InterpretationE+W+S+N.I.

1(1)In this Schedule—

(a)an ordinary general election to the Scottish Parliament” means an election held under section 2 of the M25Scotland Act 1998;

(b)an extraordinary general election to the Scottish Parliament” means an election held under section 3 of the M26Scotland Act 1998;

(c)an ordinary election to the Welsh Assembly” means an election held under section 3 of the M27Government of Wales Act 1998;

(d)an ordinary general election to the Northern Ireland Assembly” means an election held under section 31 of the M28Northern Ireland Act 1998; and

(e)an extraordinary general election to the Northern Ireland Assembly” means an election held under section 32 of the M29Northern Ireland Act 1998.

(2)For the purposes of this Schedule a parliamentary general election is pending during the period—

(a)beginning with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b)ending with the date of the poll for that election.

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Commencement Information

I54Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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

Attribution of expenditure to different parts of the United KingdomE+W+S+N.I.

2(1)For the purposes of this Schedule controlled expenditure incurred by or on behalf of any recognised third party shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland, Wales and Northern Ireland in proportion to the number of parliamentary constituencies for the time being situated in that part of the United Kingdom.

(2)Controlled expenditure whose effects are wholly or substantially confined to any particular parts or part of the United Kingdom—

(a)shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or

(b)shall be attributed solely to that part,

as the case may be.

(3)For the purposes of sub-paragraph (2) the effects of controlled expenditure are wholly or substantially confined to any particular parts or part of the United Kingdom if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of the United Kingdom).

(4)References in this Schedule to controlled expenditure “in” a particular part of the United Kingdom are accordingly to controlled expenditure which is to be attributed to that part in accordance with this paragraph.

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Commencement Information

I55Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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. General limits

Parliamentary general electionsE+W+S+N.I.

3(1)This paragraph imposes limits in relation to a parliamentary general election.E+W+S+N.I.

(2)The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in each of England, Scotland, Wales and Northern Ireland is—

(a)in relation to England, £793,500;

(b)in relation to Scotland, £108,000;

(c)in relation to Wales, £60,000; and

(d)in relation to Northern Ireland, £27,000.

(3)For the purposes of this paragraph the relevant period is—

(a)(subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;

(b)where the election (“the election in question”) follows another parliamentary general election held less than 365 days previously, the period—

(i)beginning with the day after the date of the poll for the earlier election, and

(ii)ending with the date of the poll for the election in question.

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Modifications etc. (not altering text)

C50Sch. 10 para. 3(2)(a)(b)(c)(d) amended (with application if the date of the poll for the next parliamentary general election after 29.1.2001 is before 16.2.2002) by S.I. 2001/222, art. 2, Sch. 1 Pt. II para. 5(4)

C51Sch. 10 para. 3(3)(a) amended (with application if the date of the poll for the next parliamentary general election after 29.1.2001 is before 16.2.2002) by S.I. 2001/222, art. 2, Sch. 1 Pt. II para. 5(2)

Commencement Information

I56Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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)

General elections to European ParliamentE+W+S+N.I.

4(1)This paragraph imposes limits in relation to a general election to the European Parliament.

(2)The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in each of England, Scotland, Wales and Northern Ireland is—

(a)in relation to England, £159,750;

(b)in relation to Scotland, £18,000;

(c)in relation to Wales, £11,259; and

(d)in relation to Northern Ireland, £6,750.

(3)For the purposes of this paragraph the relevant period is the period of four months ending with the date of the poll for the election.

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Commencement Information

I57Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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)

General elections to Scottish ParliamentE+W+S+N.I.

5(1)This paragraph imposes limits in relation to an ordinary or extraordinary general election to the Scottish Parliament.E+W+S+N.I.

(2)The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Scotland is £75,800.

(3)In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4)In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—

(a)the date of the poll is that determined by section 2(2) of the M30Scotland Act 1998; or

(b)no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or

(c)no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.

(5)In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the M31Scotland Act 1998 and ending with the date of the poll for the election.

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Commencement Information

I58Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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

Ordinary elections to Welsh AssemblyE+W+S+N.I.

6(1)This paragraph imposes limits in relation to an ordinary election to the Welsh Assembly.

(2)The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Wales is £30,000.

(3)For the purposes of this paragraph “the relevant period” is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4)In sub-paragraph (3) “the appropriate date” is the date which falls four months before the date of the poll where—

(a)the date of the poll is that determined by section 3(2) of the M32Government of Wales Act 1998;

(b)no less than five months before the day on which the poll would have taken place under section 3(2) of that Act, the date of the poll is brought forward under section 3(3) of that Act; or

(c)no less than four months before the day on which the poll would have taken place under section 3(2) of the Act, the date of the poll is postponed under section 3(3) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 3(2) of that Act.

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Commencement Information

I59Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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

General elections to Northern Ireland AssemblyE+W+S+N.I.

7(1)This paragraph imposes limits in relation to an ordinary or extraordinary general election to the Northern Ireland Assembly.E+W+S+N.I.

(2)The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Northern Ireland is £15,300.

(3)In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4)In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—

(a)the date of the poll is that determined by section 31(1) and (2) of the M33Northern Ireland Act 1998; or

(b)no less than five months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is brought forward under section 31(3) of that Act; or

(c)no less than four months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is postponed under section 31(3) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 31(1) and (2) of that Act.

(5)In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 32(1) or (3) of the M34Northern Ireland Act 1998 and ending with the date of the poll for the election.

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Modifications etc. (not altering text)

Commencement Information

I60Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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

Part IIIE+W+S+N.I. Limits applying in special circumstances

Combination of elections to European Parliament and to devolved legislatureE+W+S+N.I.

8(1)This paragraph imposes, in the circumstances mentioned in sub-paragraph (2), a limit in relation to—E+W+S+N.I.

(a)a general election to the European Parliament; and

(b)an election to which paragraph 5, 6 or 7 would (apart from this paragraph) apply.

(2)Where any part of the period which is the relevant period for the purposes of paragraph 4 in relation to a general election to the European Parliament falls within any period which is the relevant period for the purposes of any of paragraphs 5 to 7 in relation to an election to the legislature mentioned in that paragraph—

(a)neither paragraph 4 nor paragraph 5, 6 or 7 (as the case may be) shall apply, in connection with either of those elections, to controlled expenditure incurred by or on behalf of a recognised third party in the part of the United Kingdom mentioned in paragraph 5(2), 6(2) or 7(2) (as the case may be); and

(b)the limit imposed by this paragraph shall apply to it instead.

(3)The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period for the purposes of this paragraph in Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—

(a)the limit which by virtue of paragraph 4 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and

(b)the limit which by virtue of paragraph 5, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4)For the purposes of this paragraph “the relevant period” is the period which—

(a)begins with whichever is the earlier of the dates on which the periods mentioned in sub-paragraph (2) begin, and

(b)ends with whichever is the later of the dates on which those periods end.

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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

I61Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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)

Combined limits where parliamentary election pendingE+W+S+N.I.

9(1)This paragraph imposes—E+W+S+N.I.

(a)in the circumstances mentioned in sub-paragraph (2), a limit in relation to—

(i)such a pending parliamentary general election as is mentioned in that sub-paragraph, and

(ii)an election, or elections, in relation to which the limit imposed by any of paragraphs 4 to 8 would otherwise apply as mentioned in that sub-paragraph; and

(b)in the circumstances mentioned in sub-paragraph (5), limits in relation to—

(i)two such pending parliamentary elections as are mentioned in that sub-paragraph, and

(ii)an election, or elections, in relation to which the limit imposed by any of paragraphs 4 to 8 would otherwise apply as mentioned in sub-paragraph (2).

(2)Where a parliamentary general election is pending during any part of the period in relation to which a limit imposed by any of paragraphs 4 to 8 would otherwise apply to controlled expenditure incurred by or on behalf of a recognised third party in a particular part of the United Kingdom—

(a)neither that paragraph, nor paragraph 3, shall apply in relation to such expenditure; and

(b)the limit imposed by this paragraph shall apply to it instead.

(3)Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—

(a)the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and

(b)the limit which by virtue of paragraph 4, 5, 6, 7 or 8 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4)For the purposes of sub-paragraph (3) “the relevant period” is—

(a)where the parliamentary general election takes place at the same time as, or later than—

(i)the election in relation to which paragraph 4, 5, 6 or 7 would otherwise apply, or

(ii)(as the case may be) the later of the elections in relation to which paragraph 8 would otherwise apply,

the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;

(b)where the parliamentary general election takes place earlier than the election mentioned in paragraph (a)(i) or (ii), the period which—

(i)begins at the beginning of the period mentioned in paragraph (a), and

(ii)ends with the date of the poll for the later, or (where paragraph 8 would otherwise apply) the last, of the elections.

(5)Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2), the limits applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—

(a)in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—

(i)the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and

(ii)the limit mentioned in sub-paragraph (3)(b) above; and

(b)in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(6)For the purposes of sub-paragraph (5) “the first relevant period” is the period which—

(a)begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and

(b)ends with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with the second of the parliamentary general elections to take place.

(7)For the purposes of sub-paragraph (5) “the second relevant period” is the period which—

(a)begins on the day after the date mentioned in sub-paragraph (6)(b) above; and

(b)ends with whichever is the later of the following, namely—

(i)the date of the poll for the second parliamentary general election to take place; and

(ii)the date of the poll for the election in relation to which paragraph 4, 5, 6 or 7 would otherwise apply or, as the case may be, the date of the poll for the later of the elections in relation to which paragraph 8 would otherwise apply.

Annotations: Help about Annotation
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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

I62Sch. 10 wholly in force at 16.2.2001; Sch. 10 not in force at Royal Assent, see s. 163(2); Sch. 10 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)

Combination of limit under paragraph 9 and other limitE+W+S+N.I.

10(1)This paragraph imposes a limit where—E+W+S+N.I.

(a)paragraph 9 would (apart from this paragraph) impose a limit on controlled expenditure in relation to a period that would either be—

(i)a relevant period for the purposes of paragraph 9(3), or

(ii)a first relevant period for the purposes of paragraph 9(5); and

(b)any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs 4 to 8, but is not a period during which the parliamentary general election is pending, either—

(i)falls wholly within, or

(ii)ends at any time falling within,

the period mentioned in paragraph (a).

(2)In such a case—

(a)the limit imposed by paragraph 9 shall not apply in relation to the p