Trade Union Act 2016

12 Union’s annual return to include details of political expenditure

(1) After section 32ZA of the 1992 Act (inserted by section 7 above) insert—

“32ZB Details of political expenditure to be included in annual return

(1) This section applies where the expenditure of a trade union paid out of its political fund in any calendar year exceeds £2,000 in total.

(2) The union’s return for that year under section 32 must give the required information (see subsections (3) to (7)) for each category of expenditure paid out of its political fund; and for this purpose—

(a) expenditure falling within paragraph (a) of section 72(1) is one category of expenditure, expenditure falling within paragraph (b) of section 72(1) is another, and so on;

(b) expenditure not falling within section 72(1) is a further category of expenditure.

(3) For expenditure falling within section 72(1)(a), (b) or (e) the required information is—

(a) the name of each political party in relation to which money was expended;

(b) the total amount expended in relation to each one.

(4) For expenditure falling within section 72(1)(c) the required information is—

(a) each election to a political office in relation to which money was expended;

(b) in relation to each election—

(i) the name of each political party to which money was paid, and the total amount paid to each one;

(ii) the name of each other organisation to which money was paid, and the total amount paid to each one;

(iii) the name of each candidate in relation to whom money was expended (or, where money was expended in relation to candidates in general of a particular political party, the name of the party), and the total amount expended in relation to each one (excluding expenditure within sub-paragraph (i) or (ii));

(iv) the total amount of all other expenditure incurred.

(5) For expenditure falling within section 72(1)(d) the required information is—

(a) the name of each holder of a political office on whose maintenance money was expended;

(b) the total amount expended in relation to each one.

(6) For expenditure falling within section 72(1)(f) the required information is—

(a) the name of each organisation to which money was paid, and the total amount paid to each one;

(b) the name of each political party or candidate that people were intended to be persuaded to vote for, or not to vote for, and the total amount expended in relation to each one (excluding expenditure within paragraph (a)).

(7) For expenditure not falling within section 72(1) the required information is—

(a) the nature of each cause or campaign for which money was expended, and the total amount expended in relation to each one;

(b) the name of each organisation to which money was paid (otherwise than for a particular cause or campaign), and the total amount paid to each one;

(c) the total amount of all other money expended.

(8) The Secretary of State may by regulations made by statutory instrument amend subsection (1) by substituting a different amount, which may not be less than £2,000, for the amount for the time being specified in that subsection.

(9) Regulations under subsection (8) that substitute a higher amount shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) No regulations under subsection (8) that substitute a lower amount shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.

(11) Where, because of a direction under section 32(4)(a), a trade union is required to send a return for a period other than a calendar year—

(a) this section has effect as if references to a calendar year were references to that period; and

(b) if that period is more or less than a year, subsection (1) has effect as if the amount specified in it were proportionately increased or reduced.

(12) In this section “candidate”, “electors” and “political office” have the same meaning as in section 72.”

(2) In section 131(1) of the 1992 Act (administrative provisions applying to employers’ associations), after “section 32(1), (2), (3)(a), (b) and (c) and (4) to (6)” insert “, section 32ZB”.

(3) In section 135(3) of the 1992 Act (administrative provisions not applying to certain federated employers’ associations), in paragraph (c), after “section 32(1), (2), (3)(a), (b) and (c) and (4) to (6)” insert “, section 32ZB”.

(4) Subsections (1) to (3) apply only to returns for periods that begin after the day on which this section comes into force.