The Companies (EU Political Expenditure) Exemption Order 2001
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Companies (EU Political Expenditure) Exemption Order 2001.
(2)
This Order shall come into force on 16th February 2001.
(3)
In this Order references to “the Act” are references to the Companies Act 1985.
Exemption from authorization under sections 347C, D and E2.
Description of company or subsidiary undertaking3.
(1)
Any company or subsidiary undertaking whose ordinary course of business includes, or is proposed to include, the preparation, publication or dissemination to the public, or any part of the public, of material relating to news, and to public and political affairs and events, and to views, opinion and comment on the news and on public and political affairs and events.
(2)
For the purposes of paragraph (1) above it is to be irrelevant—
(a)
by which means or modes the material described in that paragraph is to be prepared, published or disseminated; or
(b)
where the public, or any part of the public, to which such material is published or disseminated, is located or the identity or description of the public or any part of it.
Description of EU political expenditure4.
This Order exempts certain types of EU political expenditure incurred by companies and subsidiary undertakings of the description specified in the Order from the requirement for it to be approved by the company incurring the expenditure under section 347C of the Companies Act 1985 or by the holding company of the company or subsidiary undertaking incurring the expenditure under section 347D or E of the Companies Act 1985.
The description of EU political expenditure so exempted as set out in Article 4 comprises any expenditure incurred by a company or subsidiary undertaking in respect of the preparation, publication or dissemination of such material as is specified in Article 3(1) where that material contains matter which would render that preparation, publication or dissemination on the part of the company or subsidiary undertaking an activity of that company or subsidiary undertaking within the meaning of section 347A(5)(b) of the Companies Act 1985.
The description of the company or subsidiary undertaking incurring such expenditure as set out in Article 3 comprises any company or subsidiary undertaking whose ordinary course of business includes, or is proposed to include, the preparation, publication or dissemination to the public, or any part of the public of material relating to news and public and political affairs and events and to views, opinion and comment on the news and on public and political affairs and events.
The exemption only operates where the type of expenditure as described in Article 3 is incurred by a company or subsidiary undertaking as described in Article 3.