Part VI

Controls relating to third party national election campaigns
Chapter II

Financial controls

Financial limits on targeted controlled expenditure

Authorised expenditure in excess of targeted expenditure limit
94F
1
This section applies if—
a
controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“
the third party
”),
b
the expenditure exceeds a targeted expenditure limit (to any extent),
c
at the time the expenditure is incurred the third party is authorised by the registered party to incur expenditure targeted at it, and
d
if the registered party specified a cap in the authorisation, the expenditure, or any part of it, does not exceed the cap.
2
The authorised amount is treated for the purposes of section 79(2) (limits on campaign expenditure) as if—
a
it were campaign expenditure within the meaning of Part 5, and
b
it was incurred by the registered party at the same time as the controlled expenditure mentioned in subsection (1)(a) was in fact incurred by or on behalf of the third party.
3
For the purposes of this section, “the authorised amount” is the amount of the controlled expenditure incurred as mentioned in subsection (1)(a) less—
a
such amount, if any, of that expenditure as does not exceed the targeted expenditure limit, and
b
such amount, if any, of that expenditure as exceeds a cap specified by the registered party in its authorisation of the third party.
4
In determining whether, by virtue of subsection (2), the incurring of controlled expenditure by or on behalf of the third party constitutes an offence under section 79(2) by the treasurer or any deputy treasurer of the registered party, section 79(2)(a)(i) is treated as if the reference in that provision to the authorisation of the expenditure were to the signing of the authorisation under section 94G.
5
The treasurer or a deputy treasurer of the registered party must make a declaration of—
a
the amount of the controlled expenditure incurred as mentioned in subsection (1)(a), and
b
the authorised amount.
6
A person commits an offence if the person knowingly or recklessly makes a false declaration under subsection (5).
Ss. 94C-94H and cross-heading inserted (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 30(8), 45(3)(b) (with s. 46(1)(2))