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 29: Constituency limits

78. Subsection (2) amends section 94 of PPERA to place limits on the amount of controlled expenditure a recognised third party can spend within an individual constituency during the regulated period.

79. Subsection (3) amends section 96 of PPERA to require recognised third parties to include as part of their return as to controlled expenditure under section 96, a statement listing each constituency, if any, where the recognised third party has incurred, at any time during the regulated period, controlled expenditure amounting to more than 0.04% of the maximum campaign expenditure limit for political parties. This is equivalent to £7,800. A statement prepared under subsection (3) of section 96 of PPERA should include all payments made in respect of controlled expenditure in that constituency during the regulated period. (In accordance with section 34 below, a section 96 return as to controlled expenditure is not required where a third party has not incurred expenditure in excess of a spending threshold).

80. Subsection (5) sets out how controlled expenditure should be attributed to a constituency or constituencies. Subsection (5) inserts a new paragraph, paragraph 2A into Schedule 10 and states that where a recognised third party has incurred controlled expenditure it should be attributed to each parliamentary constituency in equal proportions. The exception to this is where the effects of controlled expenditure are confined to a single or several constituencies and have no significant effects in any other constituency or constituencies. Where this occurs, the recognised third party shall attribute the controlled expenditure incurred, in equal measures, to the constituencies significantly affected (if there is more than one) or solely to an affected constituency. The effect of this “significant effect” test is that the specific geographic location where, for example, an event takes place need not be determinative; the significant effect may be in another constituency, or in other constituencies, or in that constituency in which the event takes place. In case which an event has a national effect, the expenditure will be attributed equally amongst all constituencies.

81. Subsection (6) inserts sub-paragraph (2A) into paragraph 3 of Schedule 10 to PPERA. This places a limit on the controlled expenditure which can be incurred in a constituency, of 0.05% of the total maximum campaign expenditure limit (£9,750).

82. Subsections (7) amends paragraph 9 of Schedule 10 to PPERA, which is about combined limits where a UK Parliamentary General election and another election are pending. For the purposes of the combined period (of the two regulated periods), new sub-paragraphs (3A) and (3B) in paragraphs 9 specifies that the relevant constituency limit can be calculated by dividing the number of days in the combined period, by the number of days in what is ordinarily the regulated period for a UK parliamentary General election, and multiplying the amount by the constituency limit – £9,750, as in new paragraph 3(2A) of Schedule 10. For example:

83. The constituency limit in this instance (a combined European Parliamentary and UK Parliamentary General election) would be £12,555.

84. New sub-paragraphs (5A) and (5B) in paragraph 9 of Schedule 10, new sub-paragraphs (3A) and (3B) in paragraph 10 and new sub-paragraphs (4A) and (4B) in paragraph 11 provide, in a similar manner, for a proportion of the constituency limit to be calculated for the various combined regulated periods involving UK Parliamentary General elections and other elections.