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Part VIU.K. Controls relating to third party national election campaigns

Chapter IU.K. Preliminary

Controlled expenditure by third partiesU.K.

85 Controlled expenditure by third parties.U.K.

(1)The following provisions have effect for the purposes of this Part.

(2)“Controlled expenditure”, in relation to a third party, means (subject to section 87) expenses incurred by or on behalf of the third party [F1where—

(a)the expenses fall within Part 1 of Schedule 8A, and

(b)the expenditure can reasonably be regarded as intended to promote or procure electoral success at any relevant election for—

(i)one or more particular registered parties,

(ii)one or more registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

(iii)candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates.]

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection [F3(2)(b)] —

(a)the reference to electoral success at any relevant election is a reference—

(i)in relation to a registered party, to the return at any such election of candidates standing in the name of the party or included in a list of candidates submitted by the party in connection with the election, and

(ii)in relation to candidates, to their return at any such election; and

(b)the reference to doing any of the things mentioned in [F4that provision] includes doing so by prejudicing the electoral prospects at the election of other parties or candidates F5...; [F6and]

[F7(c)a course of conduct may constitute the doing of one of those things even though it does not involve any express mention being made of the name of any party or candidate.]

[F8(4A)In determining whether expenditure can reasonably be regarded as intended to promote or procure electoral success as mentioned in subsection (2)(b), it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well.]

(5)“Recognised third party” means a third party for the time being recognised under section 88 for the purposes of this Part.

[F9(5A)“Recognised Gibraltar third party” means a recognised third party falling within paragraph (d) or (e) (but not paragraph (a), (b) or (c)) of section 88(2).]

(6)“Relevant election” has the same meaning as in Part II.

(7)“Responsible person”, in relation to a recognised third party, means—

(a)if the third party is an individual, that individual;

(b)if the third party is a registered party—

(i)the treasurer of the party, or

(ii)in the case of a minor party, the person for the time being notified to the Commission by the party in accordance with section 88(3)(b)(iii); and

(c)otherwise, the person or officer for the time being notified to the Commission by the third party in accordance with section 88(3)(c)(ii).

(8)“Third party”, in relation to any relevant election, means—

(a)any person or body other than a registered party; or

(b)subject to subsection (9), any registered party.

(9)In connection with the application of subsection (2) in relation to expenses incurred by or on behalf of a third party which is a registered party, any reference in [F10that subsection] to a registered party or registered parties or to any candidates does not include—

(a)the party itself, or

(b)any candidates standing in the name of the party at any relevant election or included in any list submitted by the party in connection with any such election,

as the case may be.

(10)In this section “candidates” includes future candidates, whether identifiable or not.

Textual Amendments

Commencement Information

I1S. 85 wholly in force at 16.2.2001; s. 85 not in force at Royal Assent, see s. 163(2); s. 85 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)

86 Notional controlled expenditure.U.K.

(1)This section applies where, in the case of a third party—

(a)either—

(i)property is transferred to the third party free of charge or at a discount of more than 10 per cent. of its market value, or

(ii)property, services or facilities is or are provided for the use or benefit of the third party free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the services or facilities, and

(b)the property, services or facilities is or are made use of by or on behalf of the third party in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the third party in respect of that use, they would be (or are) controlled expenditure incurred by or on behalf of the third party.

(2)Where this section applies, an amount of controlled expenditure determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part, as incurred by the third party during the period for which the property, services or facilities is or are made use of as mentioned in subsection (1)(b).

This subsection has effect subject to section 87.

(3)Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either—

(a)the market value of the property (where the property is transferred free of charge), or

(b)the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the third party in respect of the property (where the property is transferred at a discount),

as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).

(4)Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either—

(a)the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or

(b)the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the third party in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).

(5)Where the services of an employee are made available by his employer for the use or benefit of a third party, then for the purposes of this section the amount which is to be taken as constituting the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable i respect of the employee).

(6)Where an amount of controlled expenditure is treated, by virtue of subsection (2), as incurred by or on behalf of a third party during any period the whole or part of which falls within any period which is a regulated period (as defined by section 94(10)(a)), then—

(a)the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the third party during the regulated period, and

(b)if a return falls to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of the third party during that period, the responsible person shall make a declaration of that amount,

unless that amount is not more than £200.

(7)The amount referred to in subsection (6) is such proportion of the appropriate amount (determined in accordance with subsection (3) or (4)) as reasonably represents the use made of the property, services or facilities as mentioned in subsection (1)(b) during the regulated period.

(8)A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).

(9)Paragraph 2(5) and (6)(a) of Schedule 11 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to a third party.

Commencement Information

I2S. 86 wholly in force at 16.2.2001; s. 86 not in force at Royal Assent, see s. 163(2); s. 86 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)

87 Expenditure by third parties which is not controlled expenditure.U.K.

(1)No amount of controlled expenditure shall be regarded as incurred by a third party by virtue of section 85 or 86 in respect of—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any property, services or facilities to the extent that the property, services or facilities is or are used in circumstances in which—

(i)an amount of campaign expenditure is to be regarded as incurred by or on behalf of a registered party for the purposes of Part V, or

(ii)an amount of expenses falls (in accordance with any enactment) to be included in a return as to election expenses in respect of a candidate or candidates at a particular election,

in respect of that use.

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(3)The reference in subsection (1)(b)(i) to circumstances in which an amount of campaign expenditure is to be regarded as incurred by or on behalf of a registered party for the purposes of Part 5 does not include circumstances in which an amount of campaign expenditure is treated as incurred by a registered party under section 94F(2).]

Textual Amendments

Commencement Information

I3S. 87 wholly in force at 16.2.2001; s. 87 not in force at Royal Assent, see s. 163(2); s. 87 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)

Recognised third partiesU.K.

88 Third parties recognised for the purposes of this Part.U.K.

(1)A third party is recognised for the purposes of this Part if—

(a)the third party has given the Commission a notification under this subsection which complies with subsection (3), and

(b)that notification is for the time being in force.

(2)A third party may only give a notification under subsection (1) if the third party is—

(a)an individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)) [F14who is not the responsible person in relation to another third party] ,

(b)a registered party [F15other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region] , or

(c)a body falling within any of paragraphs (b) and (d) to (h) of section 54(2).

[F16(d)an individual who is resident in Gibraltar or is a Gibraltar elector, or

(e)a body falling within any of paragraphs (b) to (g) of section 54(2A).]

(3)A notification under subsection (1) must—

(a)if given by an individual, state—

(i)his full name, and

(ii)his home address in the United Kingdom, or (if he has no such address in the United Kingdom) his home address elsewhere,

[F17(iii)(if he is a Gibraltar elector who is not resident in Gibraltar and the first version of the Gibraltar register has not been published) that he is registered in the register of electors used for House of Assembly elections;]

and be signed by him;

(b)if given by a registered party, state—

(i)the party’s registered name,

(ii)the address of its registered headquarters, and

(iii)(in the case of a minor party) the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II,

and be signed by the responsible officers of the party (within the meaning of section 64); and

(c)if given by a body falling within any of paragraphs (b) and (d) to (h) of section 54(2) [F18or any of paragraphs (b) and (d) to (g) of section 54(2A)] , state—

(i)all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (10) of paragraph 2 of Schedule 6 to be given in respect of such a body as the donor of a recordable donation, and

(ii)the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,

and be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.

[F19(3A)A notification given by a third party does not comply with the requirement in subsection (3)(b)(iii) or (c)(ii) (to state the name of the person who will be responsible for compliance) if the person whose name is stated is—

(a)the responsible person in relation to another third party,

(b)an individual who gives a notification under subsection (1) at the same time, or

(c)the person whose name is stated, in purported compliance with the requirement in subsection (3)(b)(iii) or (c)(ii), in a notification given at the same time by another third party.

In this subsection “the person”, in relation to a notification to which subsection (3)(c) applies, is to be read as “the person or officer”.]

(4)Subject to the following provisions of this section, a notification under subsection (1) (“the original notification”)—

(a)shall be in force as from the date on which it is received by the Commission, but

(b)shall, subject to subsection (5), lapse at the end of the period of three months beginning with any anniversary of that date unless the third party notifies the Commission that the third party wishes the original notification to continue in force.

(5)Where—

(a)the original notification would apart from this subsection lapse under subsection (4)(b) at the end of any such period of three months as is mentioned in that provision, but

(b)the end of that period falls within any regulated period at the end of which a return will fall to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of the third party during the regulated period,

the original notification shall be treated, for all purposes connected with controlled expenditure so incurred during the regulated period, as lapsing at the end of that period instead.

(6)A notification under subsection (4)(b) (“the renewal notification”) must either—

(a)confirm that all the statements contained in the original notification, as it has effect for the time being, are accurate; or

(b)indicate that any statement contained in that notification, as it so has effect, is replaced by some other statement conforming with subsection (3).

(7)A notification under subsection (4)(b) must be received by the Commission during the period beginning one month before the relevant anniversary for the purposes of that provision and ending three months after it.

(8)A third party may, at any time after giving the original notification, give the Commission a notification (“a notification of alteration”) indicating that any statement contained in the original notification, as it has effect for the time being, is replaced by some other statement—

(a)contained in the notification of alteration, and

(b)conforming with subsection (3).

Textual Amendments

Commencement Information

I4S. 88 wholly in force at 16.2.2001; s. 88 not in force at Royal Assent, see s. 163(2); s. 88 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)

89 Register of notifications for purposes of section 88.U.K.

(1)The Commission shall maintain a register of all notifications given to them under section 88(1) 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 notification, all the information contained in the notification as it has effect for the time being in accordance with section 88.

(3)Where any notification is given to the Commission under section 88, they shall cause all the information contained in the notification, 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 a third party who is an individual shall, however, not include his home address.

Commencement Information

I5S. 89 wholly in force at 16.2.2001; s. 89 not in force at Royal Assent, see s. 163(2); s. 89 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)