Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014

Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014

2014 CHAPTER 4

Commentary on Sections

Part 2 – Non-Party Campaigning Etc.

Section 32: Recognised third parties

101. Where a third party intends to incur controlled expenditure in excess of £20,000 in England or £10,000 in each of Scotland, Wales or Northern Ireland during a regulated period for an election, it must provide the Electoral Commission with a notification as required under section 88 of PPERA. The notification must specify the name and address of the third party and, in the case of a company or unincorporated association, the person who will be responsible for ensuring compliance with the accounting and disclosure provisions contained within Part 6 of PPERA.

102. Subsection (2) allows a body incorporated by Royal Charter, a Charitable Incorporated Organisation, a Scottish Charitable Incorporated Organisation or a Scottish partnership to register as a recognised third party with the Electoral Commission.

103. Subsection (3) amends the notification requirements under section 88 of PPERA by including a new provision, section 88(3)(c)(ia) into that Act, stating that the notification should include the names of relevant participators of the body.

104. Relevant participators of a body are defined by the new section 88(3B) and new section 88(3C) as:

• For companies – the body’s directors;

• For trade unions – the body’s officers;

• For building societies – the body’s directors;

• For limited liability companies – the body’s members;

• For friendly societies – the members of the body’s committee of management;

• For unincorporated associations – the body’s members or the members of its governing body;

• For bodies incorporated by Royal Charter – the names of its officers or the members of its governing body;

• For charitable incorporated organisations/Scottish charitable incorporated organisations – the names of its charity trustees; and

• For Scottish partnerships – the names of the partners.