Malaysia - Small-Scale Enterprise Project
A person must not carry on the business of consultant lobbying unless the person is entered in the register of consultant lobbyists.
Sections 3 to 7 make provision about the keeping and publication of the register.
For the purposes of this Part, a person carries on the business of consultant lobbying if—
in the course of a business and in return for payment, the person makes communications within subsection (3) on behalf of another person or persons,
the person is registered under the Value Added Tax Act 1994, and
none of the exceptions in Part 1 of Schedule 1 applies.
Part 2 of that Schedule makes provision about the meaning, for the purposes of this Part of this Act, of terms used in subsection (1).
The communications within this subsection are oral or written communications made personally to a Minister of the Crown or permanent secretary relating to—
the development, adoption or modification of any proposal of the government to make or amend primary or subordinate legislation;
the development, adoption or modification of any other policy of the government;
the making, giving or issuing by the government of, or the taking of any other steps by the government in relation to,—
any contract or other agreement,
any grant or other financial assistance, or
any licence or other authorisation; or
the exercise of any other function of the government.
It does not matter whether the person to whom the communication is made, or the person making it, or both, are outside the United Kingdom when the communication is made.
Regulations may amend subsection (3) so as to provide that communications made personally to a special adviser are within that subsection.
In this section—
the position of permanent secretary or second permanent secretary in the civil service of the State, or
“the government” means Her Majesty's Government in the United Kingdom;
“the Tribunal” means—
“permanent secretary” means a person serving the government in—
the position of permanent secretary or second permanent secretary in the civil service of the State, or
a position listed in Part 3 of Schedule 1 (positions equivalent to those mentioned in paragraph (a));
There is to be a Registrar of Consultant Lobbyists.
Schedule 2 makes provision about the Registrar.
The Registrar must keep and publish a register of consultant lobbyists.
The entry for each registered person must include—
in the case of a company—
its name, its registered number and the address of its registered office, and
the names of its directors and of any secretary and any shadow directors;
in the case of a partnership (including a limited liability partnership), the names of the partners and the address of its main office or place of business;
in the case of an individual, the individual's name and the address of the individual's main place of business (or, if there is no such place, the individual's residence);
in the case of any other person (including persons outside the United Kingdom), the equivalent information as specified in regulations;
any name or names, not included under paragraphs (a) to (d), under which the person carries on business as a consultant lobbyist;
such other information regarding the identity of the person as may be determined by the Registrar;
a statement of—
whether there is in place an undertaking by the person to comply with a relevant code of conduct, and
if so, where a copy of the code may be inspected;
such other information as may be specified in regulations.
Each entry must also include—
for each quarter in which the registered person has been entered in the register, the person's client information (see section 5(3)) or the statement under section 5(5), and
if the person received payment in the pre-registration quarter to engage in lobbying, the name of the person or persons on whose behalf the lobbying was or is to be done.
The pre-registration quarter is the period of 3 months ending on the date on which the person applied to be entered in the register.
Regulations may make further provision in connection with the register; and in particular may—
specify other information about the persons mentioned in subsection (3)(b) which must be included in the register;
make provision about applications to be entered in the register, including the form and content of those applications.
In this section—
any expression which is used in subsection (2)(a) and in the Companies Acts has the meaning which it has in those Acts (see, in particular, Schedule 8 to the Companies Act 2006);
a “relevant code of conduct” (in subsection (2)(g)) is a code of conduct which governs the carrying on of the business of consultant lobbying (whether or not it also governs other activities) and is open to inspection by members of the public.
A registered person must submit an information return to the Registrar for each quarter.
The information return for a quarter must contain—
either the client information for that quarter or a statement under subsection (5), and
details of any change in that quarter in the particulars included in the register under section 4(2).
The client information for a quarter is—
if the registered person engaged in lobbying in the quarter in return for payment (whether or not the payment has been received), the name of the person or persons on whose behalf the lobbying was done, and
if the registered person received payment in the quarter to engage in lobbying (whether or not the lobbying has been done), the name of the person or persons on whose behalf the lobbying is or was to be done.
Regulations may specify other information about the persons mentioned in subsection (3) which must be included in an information return.
A statement under this subsection is a statement that, in the quarter in question, the registered person neither engaged in lobbying in return for payment nor received payment to engage in lobbying.
The information return for a quarter must be submitted before the end of the period of 2 weeks beginning immediately after the end of the quarter.
The Registrar must keep the register up to date.
In particular, the Registrar must comply with subsections (3) and (4).
Where a person applies, in accordance with regulations, to be entered in the register, the Registrar must register the person before the end of the period of 4 working days beginning with the day after the day on which the application is received.
The Registrar must update the register to include any information or change which is notified in an information return.
The Registrar must comply with subsection (4)—
if the return is received before the end of the period specified in section 5(6), before the end of the period of 4 working days beginning with the day after the day on which the return is received, or
if the return is received after the end of that period, before the end of the period of 8 working days beginning with the day after the day on which the return is received.
If the Registrar has reasonable grounds for believing that a registered person is not (or is no longer) a consultant lobbyist, the Registrar may decide that—
the person's entry should include a statement to that effect, or
the person's entry should be removed from the register.
In this section “working day” means any day other than—
a Saturday or Sunday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The Registrar must publish the register as kept in accordance with section 6.
The Registrar may publish such entries, or parts of entries, as the Registrar considers appropriate in respect of persons who were, but are no longer, entered in the register.
Publication under this section is to be—
on a website, and
in such other form or forms as the Registrar considers appropriate.
The Registrar must monitor compliance with the obligations imposed by or under this Part.
In connection with the duty under section 8, the Registrar may serve a notice (an “information notice”) on a person mentioned in subsection (2) requiring the person to supply information specified in the notice.
The persons are—
any registered person;
any person who is not entered in the register but whom the Registrar has reasonable grounds for believing to be a consultant lobbyist.
Regulations may specify descriptions of information which the Registrar may not require a person to supply under this section.
An information notice must—
specify the form in which the information must be supplied,
specify the date by which the information must be supplied, and
contain particulars of the right to appeal under section 11.
The date specified under subsection (4)(b) must not be before the end of the period within which an appeal under section 11 can be brought.
Section 10 sets out limitations on—
what information is required to be supplied under a notice, and
how information which is supplied may be used.
Where an information notice has been served on a person, the Registrar may cancel it by serving written notice to that effect on the person.
An information notice does not require a person to supply information if—
doing so would disclose evidence of the commission of an offence, other than an offence excluded by subsection (2), and
the disclosure would expose the person to proceedings for that offence.
The following offences are excluded from subsection (1)—
an offence under this Part;
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
an offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations etc).
Any relevant statement made by a person (“P”) in response to a requirement in an information notice may not be used in evidence against P on a prosecution for an offence under this Part (except section 12(4)) unless the conditions in subsection (4) are met.
The conditions are that in the proceedings—
in giving evidence P provides information inconsistent with the relevant statement, and
evidence relating to the statement is adduced, or a question relating to it is asked, by P or on P's behalf.
In subsection (3) “relevant statement”, in relation to a requirement in an information notice, means—
an oral statement, or
a written statement made for the purposes of the requirement.
A person on whom an information notice has been served may appeal to the Tribunal against the notice.
If an appeal is brought under this section, the person is not required to supply the information until the date on which the appeal is finally determined or withdrawn.
Regulations may make provision for and in connection with the determination of appeals under this section.
If a person carries on the business of consultant lobbying in breach of section 1(1) (lobbying whilst unregistered), an offence is committed by—
the person, and
any individual who, not being entered in the register, engages in lobbying in the course of that business.
It is an offence for a registered person to engage in lobbying if—
the person's entry in the register is inaccurate or incomplete in a material particular, and
the person has failed, when required to submit an information return under section 5, to provide sufficient information in or accompanying the return to enable the inaccuracy or omission to be rectified.
Where a person is required to submit an information return under section 5, it is an offence for the person—
to fail to do so within the period specified in section 5(6), or
to provide information which is inaccurate or incomplete in a material particular.
Where an information notice has been served on a person, it is an offence for the person—
to fail to supply the required information on or before the date by which the person is required to do so, or
to provide information which is inaccurate or incomplete in a material particular.
It is a defence for a person charged under any of subsections (1) to (4) to show that the person exercised all due diligence to avoid committing the offence.
A person is taken to have shown the fact mentioned in subsection (5) if—
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person guilty of an offence under any of subsections (1) to (4) is liable—
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
on summary conviction in England and Wales, or on conviction on indictment, to a fine.
In the case of a summary conviction in England and Wales for an offence committed before the coming into force of section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the fine under subsection (7) must not exceed the statutory maximum.
Proceedings for an offence under this Part may be instituted—
in England and Wales, only by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Where an offence under this Part is committed by a body corporate and is proved— the individual as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a director, manager, secretary or other similar officer, or
to be attributable to any neglect on the part of any such individual,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and omissions of a member in connection with that management as if the member were a director of the body corporate.
Where an offence under this Part is committed by a partnership constituted under the law of Scotland and is proved— the individual as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on the part of any such individual,
The Registrar may impose a civil penalty on a person (in accordance with sections 15 to 18) if the Registrar is satisfied that the person's conduct amounts to an offence under any of subsections (1) to (4) of section 12.
For this purpose—
section 12(5) (defence of due diligence) is to be ignored, and
a person's conduct includes a failure to act.
Before imposing a civil penalty on a person, the Registrar must serve on that person a notice stating that the Registrar proposes to impose the penalty.
The notice must—
set out the conduct on which the proposal to impose the penalty is based,
set out the reasons why the Registrar is satisfied that the person has engaged in that conduct,
state the amount of the proposed penalty, and
inform the person that the person may, within a period specified in the notice, make written representations in relation to the proposal.
The Registrar must not impose the penalty before the end of the period specified under subsection (2)(d).
The Registrar must consider any written representations received before the end of that period.
If the Registrar decides to impose a civil penalty, the Registrar must serve on the person a notice to that effect (a “penalty notice”).
The notice must—
set out the conduct on which the decision to impose the penalty is based,
set out the reasons why the Registrar is satisfied that the person has engaged in that conduct,
state the amount of the penalty,
specify the period within which and the form in which the penalty must be paid, and
contain particulars of the right to appeal under section 17.
The amount specified in a penalty notice must not exceed £7,500.
Regulations may amend subsection (3) by substituting a different maximum figure.
The period specified under subsection (2)(d) must not end before the end of the period within which an appeal under section 17 can be brought.
The person must pay the amount before the end of that period (but this is subject to section 17(2)).
Where a penalty notice has been served on a person, the Registrar may vary or cancel it by serving written notice to that effect on the person.
A person on whom a penalty notice has been served may appeal to the Tribunal against—
the decision to impose the penalty;
if the penalty notice has been varied, the decision to vary it;
the amount of the penalty.
If an appeal is brought under this section, the person is not required to pay the penalty until the date on which the appeal is finally determined or withdrawn.
Regulations may make provision for and in connection with the determination of appeals under this section.
The Registrar may not impose a civil penalty on a person in respect of any conduct—
at any time after criminal proceedings for an offence under this Part have been instituted against the person in respect of that conduct and before those proceedings have been concluded, or
after the person has been convicted of an offence under this Part in respect of that conduct.
If the Registrar has imposed a civil penalty on a person in respect of any conduct, the person may not be convicted of an offence under this Part in respect of that conduct.
An amount payable to the Registrar as a civil penalty may be recovered by the Registrar as a debt.
In proceedings for the enforcement of a civil penalty no question may be raised as to—
liability to the imposition of the penalty, or
the amount of the penalty.
The Registrar must pay into the Consolidated Fund any sums received by virtue of a penalty notice.
Regulations may make further provision about civil penalties; and in particular may—
specify circumstances in which a penalty may not be imposed;
specify steps that the Registrar must take before imposing a penalty;
set a minimum for the period which must be specified under section 15(2)(d) or 16(2)(d);
require other matters to be specified in a notice under either of those sections;
specify a maximum period that may elapse between the service of a notice under section 15 and the service of a penalty notice under section 16;
provide for the reviewing of a decision to impose a penalty;
make provision about the variation or cancellation under section 16(7) of penalty notices;
impose duties on the Registrar about the keeping of accounts and other records in relation to penalties;
allow for the charging of interest, or an additional penalty, if a penalty is paid late.
The Registrar may give guidance about how the Registrar proposes to exercise the functions under this Part.
The Registrar may do so, in particular, by publishing guidance—
as to cases which the Registrar would, or would not, regard as falling within any of the exceptions in Part 1 of Schedule 1;
otherwise as to the circumstances in which the Registrar would, or would not, consider that a person is carrying on the business of consultant lobbying;
as to the circumstances in which the Registrar would—
include in the register a statement under section 6(6)(a), or
remove a person's entry from the register;
as to the circumstances in which the Registrar would consider it appropriate to impose a civil penalty;
about how the amount of a civil penalty will be determined.
The Registrar may publish—
revisions to any guidance published under this section;
replacement guidance.
Publication under this section is to be—
on a website, and
in such other form or forms as the Registrar considers appropriate.
The Registrar may impose charges for or in connection with the making, updating and maintenance of entries in the register.
The charges are to be determined by or in accordance with regulations.
In making the regulations, the Minister must seek to ensure that the total paid to the Registrar in charges is sufficient to offset the total of the costs incurred by the Registrar in exercising the functions under this Part (whether or not those costs are directly connected with the keeping of the register).
If a charge imposed for making an application or a return to the Registrar is not paid, the Registrar may treat the application or return as not having been made.
The Registrar must pay into the Consolidated Fund any sums received in respect of charges under this section.
Regulations may make such provision as the Minister considers appropriate for the purposes of carrying into effect any provision of this Part.
Regulations under subsection (1) may in particular make provision (or further provision) about—
the date from which an entry in the register is to take effect;
the form and content of information returns under section 5;
the exercise of the Registrar's powers under section 6(6);
the removal of entries in other circumstances;
the minimum period between the date on which an information notice is served and the date which must be specified under section 9(4)(b);
other matters which must be specified in an information notice;
the cancellation of notices under section 9(7).
Regulations under subsection (1) may make provision permitting or requiring the Commissioners for Her Majesty's Revenue and Customs to supply to the Registrar, on request, such information regarding any person who is, or is required to be, registered under the Value Added Tax Act 1994 as is specified in the regulations.
Any reference in this Part to regulations is to regulations made by the Minister.
Regulations under this Part may make such consequential, supplementary, incidental or transitional provision as the Minister considers appropriate, including provision amending or modifying the provisions of this Part.
Regulations under this Part may make different provision for different purposes or cases.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
regulations under section 4(5)(a) or 5(4);
the first regulations to be made under each of sections 11(3) and 17(3);
regulations under this Part which amend or modify the provisions of this Part.
Any other statutory instrument containing regulations under this Part is to be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“PPERA 2000” means the Political Parties, Elections and Referendums Act 2000.
a position listed in Part 3 of Schedule 1 (positions equivalent to those mentioned in paragraph (a));
“permanent secretary” means a person serving the government in—
to “engage in lobbying” means to make a communication within section 2(3) on behalf of another person or persons;
“the RPA 1983” means the Representation of the People Act 1983,
Where the Registrar is required or permitted to serve a notice on a person, this is to be effected— (but this does not prevent the Registrar from sending additional copies of the notice by whatever means the Registrar considers appropriate).
if the person is a registered company (within the meaning of the Companies Act 2006), by sending it by post to the company's registered office;
if the person is an individual, by delivering it in person, by sending it by post to the individual's last known place of residence or business, or by leaving it at that place;
in any other case, by sending it by post to the last known main address of that person;
Section 85 of the Political Parties, Elections and Referendums Act 2000 (controlled expenditure by third parties) is amended in accordance with subsections (2) to (6).
In subsection (2), for the words from “in connection with” to the end substitutewhere—
Omit subsection (3).
In subsection (4)—
in the opening words, for “(3)” substitute “ (2)(b) ”;
in paragraph (b)—
for “paragraph (a) or (as the case may be) paragraph (b) of that subsection” substitute “ that provision ”;
omit “or (as the case may be) by prejudicing the standing with the electorate of other parties or candidates”;
at the end insert “ and ”;
for the words after that paragraph substitute—
After subsection (4) insert—
In subsection (9), for “subsection (3)” substitute “ that subsection ”.
In section 87 of that Act (expenditure by third parties which is not controlled expenditure)—
in subsection (1), omit paragraph (a) and the “or” at the end of it;
omit subsection (2).
Section 94 of that Act (limits on controlled expenditure by third parties) is amended in accordance with subsections (9) and (10).
After subsection (4) insert—
In subsection (6)(b)—
for “in connection with the production or publication of election material which” substitute “ and the expenditure ”;
for “85(3)” substitute “ 85(2)(b) ”.
In section 143 of that Act (details to appear on election material)—
in subsections (2A) and (2B)—
for “, procuring or enhancing” substitute “ or procuring ”;
omit “or standing”;
“election material” has the meaning given by section 143A;
After section 143 of that Act insert—
In section 156 of that Act (orders and regulations), after subsection (4)(j) insert—.
Schedule 3 inserts a new Schedule 8A into that Act.
Part 6 of the Political Parties, Elections and Referendums Act 2000 (controls relating to third party national election campaigns) is amended as follows.
In section 94 (limits on controlled expenditure by third parties)—
after subsection (3) insert—;
in subsection (4), for “such a case” substitute “ the case mentioned in subsection (3) ”;
in subsection (5A)—
after “Subsections (3) to (5)” insert “ and section 94B(3) to (7) ”;
for “those subsections” substitute “ those provisions ”;
in subsections (8) and (10), after “the purposes of this section” insert “ , sections 94A and 94B ”;
in subsection (11)(a), after “this section” insert “ and sections 94A and 94B ”.
After section 94 insert—
In section 99 (declaration by responsible person as to return under section 96), after subsection (2) insert—
Section 94 of the Political Parties, Elections and Referendums Act 2000 (limits on controlled expenditure by third parties) is amended in accordance with subsections (2) to (6).
In subsection (3), for paragraph (a) (but not the “and” after it) substitute—.
In subsection (5)—
in the opening words, for “(3)” substitute “ (3)(a)(i) ”;
in paragraph (a), for “£10,000” substitute “ £20,000 ”;
in paragraph (b), for “£5,000” substitute “ £10,000. ”
After subsection (5) insert—
In subsection (5A) for “(5)” substitute “ (5ZA) ”.
In subsection (10), omit the “and” at the end of paragraph (c) and after paragraph (d) insert—
In Schedule 10 to that Act (limits on controlled expenditure by recognised third parties), in paragraph 3(2), for paragraphs (a) to (d) substitute—
Part 6 of the Political Parties, Elections and Referendums Act 2000 (controls relating to third party national election campaigns) is amended as follows.
In section 94 (limits on controlled expenditure by third parties)—
in subsection (1), after “Northern Ireland” insert “ , or in particular parliamentary constituencies, ”;
in subsection (2)—
after “part of the United Kingdom” (the first time it occurs) insert “ or a parliamentary constituency ”;
after “part of the United Kingdom” (the second time it occurs) insert “ or parliamentary constituency ”;
in subsection (6)—
in paragraph (a), after “part of the United Kingdom” insert “ or a particular parliamentary constituency ”;
in the words after paragraph (b), after “part of the United Kingdom” insert “ or parliamentary constituency ”;
in subsection (10), after paragraph (e) (as inserted by section 28) insert—
In section 96 (returns as to controlled expenditure)—
in subsection (2), after paragraph (a) insert—;
in subsection (3)(a), after “subsection (2)(a)” insert “ or (ab) ”.
Schedule 10 (limits on controlled expenditure) is amended in accordance with subsections (5) to (9).
After paragraph 2 insert—
After paragraph 3(2) insert—
In paragraph 9 (combined limits where parliamentary election pending)—
in sub-paragraph (1)(a), for “a limit” substitute “ limits ”;
in sub-paragraph (2)(b), for “limit” substitute “ limits ”;
after sub-paragraph (3) insert—;
in sub-paragraph (4), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) to (3B) ”;
after sub-paragraph (5) insert—;
in sub-paragraphs (6) and (7), for “sub-paragraph (5)” substitute “ sub-paragraphs (5) to (5B) ”.
In paragraph 10 (combination of limit under paragraph 9 and other limit)—
in sub-paragraph (1)—
for “a limit” (in both places) substitute “ limits ”;
after “9(3)” insert “ to (3B) ”;
after “9(5)” insert “ to (5B) ”;
in sub-paragraph (2), for “limit” (in both places) substitute “ limits ”;
after sub-paragraph (3) insert—
In paragraph 11 (combination of parliamentary general election and other election, or elections, falling within paragraphs 4 to 8)—
in sub-paragraph (1), for “a limit” substitute “ limits ”;
in sub-paragraph (2), for “limit” (in both places) substitute “ limits ”;
after sub-paragraph (4) insert—
Part 5 of the Political Parties, Elections and Referendums Act 2000 (control of campaign expenditure) is amended in accordance with subsections (2) and (3).
In section 79 (limits on campaign expenditure), after subsection (3) insert—
In section 80(4) (returns as to campaign expenditure), omit the “and” at the end of paragraph (a) and after paragraph (b) insert; and
Part 6 of that Act (controls relating to third party national election campaigns) is amended in accordance with subsections (5) to (8).
In section 87 (expenditure by third parties which is not controlled expenditure), after subsection (2) insert—
In the italic heading before section 94 after “Financial limits” insert “ on controlled expenditure ”.
In section 94 (limits on controlled expenditure by third parties)—
in subsection (6), after “the purposes of this section” insert “ , sections 94D to 94H ”;
in subsections (8) and (10), after “sections 94A and 94B” (as inserted by section 27) insert “ , sections 94D to 94H ”.
After section 94B (as inserted by section 27) insert—
Section 94E(2) or (3) (exceeding limits on targeted controlled expenditure when not authorised) On summary conviction: statutory maximum On indictment: fine Section 94F(6) (making false declaration about amount of expenditure incurred by or on behalf of third party and targeted at the registered party) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year
If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—
section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in sections 94E(2) and (3) and 94F(6) of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and
regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.
Section 155 of the Political Parties, Elections and Referendums Act 2000 (power to vary specified sums) is amended as follows.
In the heading, at the end insert “ or percentages ”.
After subsection (4) insert—
Section 88 of the Political Parties, Elections and Referendums Act 2000 (recognised third parties) is amended as follows.
In subsection (2), after paragraph (c) insert—.
In subsection (3)(c), after sub-paragraph (i) (before the “and” at the end) insert—.
After subsection (3)(c) insert—
In subsection (3A)—
for “or (c)(ii)” (in both places) substitute “ , (c)(ii) or (d)(ii) ”;
after “(3)(c)” insert “ or (d) ”.
After subsection (3A) insert—
In section 85(7)(c) of that Act (definition of “responsible person”), after “88(3)(c)(ii)” insert “ or (d)(ii) ”.
The Political Parties, Elections and Referendums Act 2000 is amended in accordance with subsections (2) to (8).
After section 95 (control of donations to recognised third parties) insert—
In section 149(6) (inspection of Commission's registers etc), after paragraph (b) insert—.
In section 155(3) (power to vary specified sums), after paragraph (c) insert—.
In Schedule 1 (the Commission), in paragraph 3(3)(c), for the words from “the register” to the end substitute— .
In Schedule 11 (control of donations to recognised third parties), in the heading to Part 3, after “reporting of donations” insert “in section 96 return”.
Schedule 4 inserts a new Schedule 11A into that Act.
Section 95C(1)(a) (failure of responsible person to deliver quarterly or weekly report to Commission) On summary conviction: Level 5 Section 95C(1)(b) (failure to deliver signed declaration with quarterly or weekly report to the Commission) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 95C(1)(c) (failure to comply with requirements for quarterly or weekly reports) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 95C(2) (making a false declaration to Commission when delivering quarterly or weekly report) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year
If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—
section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 95C(1) and (2) of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and
regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.
The Secretary of State may by order made by statutory instrument make, in relation to the content of quarterly or weekly reports under section 95A or 95B of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section), such provision as the Secretary of State thinks appropriate which corresponds or is similar to any of the amendments made to Part 3 of Schedule 11 to that Act by the Political Parties and Elections Act 2009.
An order under subsection (10) may—
make provision amending this section or the Political Parties, Elections and Referendums Act 2000;
make such consequential, supplementary, incidental, transitional or saving provision as the Secretary of State thinks appropriate;
make different provision for different purposes.
A statutory instrument containing an order under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 96 of the Political Parties, Elections and Referendums Act 2000 (returns as to controlled expenditure) is amended as follows.
For subsection (1) substitute—
In subsection (7)—
in the opening words, for “(1)(a)” substitute “ (1A) ”;
in paragraph (a), omit “falling within subsection (1)(a)”.
Part 6 of the Political Parties, Elections and Referendums Act 2000 (controls relating to third party national election campaigns) is amended as follows.
In sections 90(3) and 94(8), (10) and (11), for “99” substitute “ 99A ”.
After section 96 (returns as to controlled expenditure) insert—
In section 97 (auditor's report on return)—
after subsection (1) insert—;
in subsection (2), after “subsection (1)” insert “ or (1A) ”;
in the heading, at the end insert “ or statement of accounts ”.
In section 98 (delivery of returns to the Commission), after subsection (2) insert—
In section 98(4) (offences)—
after paragraph (a) insert—;
after paragraph (b) insert—.
After section 99 (declaration by responsible person as to return under section 96) insert—
In section 100 (public inspection of returns under section 96), after subsection (3) insert—
Section 98(4)(aa) (failure of responsible person to deliver statement of accounts and auditor's report to Commission) On summary conviction: Level 5 Section 98(4)(ba) (failure to comply with requirements for statements of accounts) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 99A(3)(a) (making a false declaration to Commission when delivering statement of accounts) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year Section 99A(3)(b) (failure to deliver signed declaration with statement of accounts to Commission) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year
If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—
section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 98(4)(aa) and (ba) and 99A(3) of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and
regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.
In section 75 of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent), in subsection (1ZA)(a) (limit on third party expenditure on candidate at parliamentary election), for “£500” substitute “ £700 ”.
After that section insert—
If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—
section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 75ZB(3) and (4) of the Representation of the People Act 1983 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and
regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.
In section 76(5) of the RPA 1983 (exclusion of personal expenses from limitation on election expenses), after “subsection (1A) above)” insert “ or a local government election in England or Wales ”.
Subsection (3) applies where, before the relevant date, an enactment—
provides that section 76 of the RPA 1983 is to have effect in relation to an election of any description as it has effect in relation to a local government election in England or Wales, or
otherwise makes provision (however expressed) to the effect that that section applies to an election of any description as it applies to a local government election in England and Wales.
If the date of the poll at an election of that description is on or after the relevant date, section 76 of the RPA 1983 applies to the election as amended by subsection (1).
In this section—
Section 145 of the Political Parties, Elections and Referendums Act 2000 (general function of Commission with respect to compliance with controls imposed by the Act etc) is amended in accordance with subsections (2) to (4).
In the heading, for “General function” substitute “ Duties ”.
In subsection (1)—
for the words before paragraph (a) substitute “ The Commission must monitor, and take all reasonable steps to secure, compliance with— ”;
in paragraph (a), for “Parts III to VII” substitute— .
After subsection (6A) insert—
In consequence of the amendment made by subsection (3)(a), omit section 1(2) of the Political Parties and Elections Act 2009.
The Minister must, within the period of 12 months beginning with the day on which this Act is passed, appoint a person to conduct a review of the operation of Part 6 of the Political Parties, Elections and Referendums Act 2000 in relation to the first relevant parliamentary general election.
The “first relevant parliamentary general election” is the first parliamentary general election to be held after the beginning of the first Part 6 regulated period in relation to which one or more of the amendments made by this Part mentioned in section 46(1) have effect.
A “Part 6 regulated period” is a regulated period within the meaning given by section 46(2)(b).
The Minister may specify matters which the review must, in particular, consider.
On completion of the review, the appointed person must—
make a written report on the review, and
provide a copy of the report to the Minister.
The Minister must—
lay a copy of the report before Parliament, and
publish the report in such manner as the Minister considers appropriate.
The report shall be laid before Parliament not more than 18 months after the date of the first relevant parliamentary general election.
The Minister may pay to the appointed person such remuneration and expenses as the Minister may determine.
“The Minister” means the Secretary of State or the Lord President of the Council.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
After section 24 (duty to maintain register of members' names and addresses) insert—
In section 44(4) (discharge of duties in case of union having branches or sections), at the appropriate place in the list insert— “ section 24ZA (duty to provide membership audit certificate), ”.
In section 118 (federated trade unions), after subsection (4) insert—
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
After section 24ZA (which is inserted by section 40) insert—
In section 24A(3) (securing confidentiality of register during ballots), after “duty of confidentiality”” insert “ , in the context of a scrutineer or independent person, ”.
In section 44(4) (discharge of duties in case of union having branches or sections), at the appropriate place in the list insert— “ sections 24ZB and 24ZC (duty to appoint an assurer etc), ”.
In section 299 (index of defined expressions), in the entry for “the duty of confidentiality”, after “confidentiality” insert “ , in the context of a scrutineer or independent person ”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
After section 24ZG (which is inserted by section 41) insert—
In section 24A(4)(b) (securing confidentiality of register during ballots), after “where it is” insert “ required or ”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
After section 24A (securing confidentiality of register during ballots) insert—
In section 24(6) (remedies for failure to comply with that section), after “court)” insert “ ; see also the powers of the Certification Officer under section 24B to make a declaration and an enforcement order ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 26 (remedy for failure: application to the court), after subsection (8) insert—
In section 45D (appeals from Certification Officer), after “section” insert “ 24B, 24C, ”.
In section 256(1) (procedure before the Certification Officer)—
omit the “or” at the end of paragraph (a), and
in paragraph (b) after “matter” insert, or .
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The following provisions of this Act come into force on such day as the Minister may appoint by order made by statutory instrument—
Part 1, except as mentioned in subsection (3)(a);
in Part 2—
section 26(11) and (12) (definition of “election material”);
section 31 (extension of power to vary specified sums);
section 32 (recognised third parties);
section 36 (third party expenditure in respect of candidates);
section 37 (candidate's personal expenses not to count for local election expenses limit in England and Wales);
section 38 (functions of Electoral Commission with respect to compliance);
Part 3, except as mentioned in subsection (3)(c).
An order under subsection (1)—
may appoint different days for different purposes, and
may make transitional, transitory or saving provision.
The following provisions of this Act come into force on the day on which the Act is passed—
any provision of Part 1 which confers power to make regulations, for the purposes of the exercise of that power;
the provisions of Part 2 not mentioned in subsection (1)(b);
section 41, for the purposes of the exercise of the power to make subordinate legislation conferred by section 24ZB(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (which is inserted by that section);
Part 4.
Section 46 contains transitional provision relating to the commencement of the provisions to which subsection (3)(b) applies.
“The Minister” means—
for the purposes of subsection (1)(a) and (b), the Secretary of State or the Lord President of the Council;
for the purposes of subsection (1)(c), the Secretary of State.
The amendments made by Part 2 which in accordance with section 45(3)(b) come into force on the day on which this Act is passed have effect only in relation to—
regulated periods beginning after that day, or
(for the purposes of enactments having effect otherwise than in relation to regulated periods) expenditure incurred after that day.
In this section “regulated period” means a period in relation to which any limit is imposed by— (including a period in relation to which a limit is imposed by that Schedule by virtue of subsection (3)(b) or (5)(b)).
Schedule 9 to PPERA 2000 (limits on campaign expenditure), or
Schedule 10 to that Act (limits on controlled expenditure),
If, apart from this subsection, the day on which this Act is passed would fall within a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000 (limit on campaign expenditure where combination of parliamentary election and other election)—
paragraph 11(2) of that Schedule (which disapplies limits and periods which would otherwise be imposed by paragraph 3 of that Schedule and substitutes new limits and periods) is of no effect (and is treated as never having had effect) in relation to the parliamentary general election, and
for the purposes of paragraph 3 of that Schedule as it applies by virtue of paragraph (a), the relevant period is the Schedule 9 transitional period.
In subsection (3) “the Schedule 9 transitional period” means the period—
beginning with 23 May 2014, and
ending with the date of the poll for the parliamentary general election.
If, apart from this subsection, the day on which this Act is passed would fall within a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 10 to PPERA 2000 (limit on controlled expenditure where combination of parliamentary election and other election)—
paragraph 11(2) of that Schedule (which disapplies limits and periods which would otherwise be imposed by paragraph 3 of that Schedule and substitutes new limits and periods) is of no effect (and is treated as never having had effect) in relation to the parliamentary general election, and
for the purposes of paragraph 3 of that Schedule as it applies by virtue of paragraph (a), the relevant period is the Schedule 10 transitional period.
In subsection (5) “the Schedule 10 transitional period” means the period—
beginning with 19 September 2014, and
ending with the date of the poll for the parliamentary general election.
Subsections (3) and (5) do not apply in the case of a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000, or paragraph 11 of Schedule 10 to that Act, that ends with the date of the poll for an early parliamentary general election.
An “early parliamentary general election” is a parliamentary general election the date of the poll for which is appointed under section 2(7) of the Fixed-term Parliaments Act 2011.
The Minister may by order made by statutory instrument make provision disapplying the preceding provisions of this section, and applying alternative transitional, transitory or saving provision, where a poll for an extraordinary general election to the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly takes place in the period—
beginning with the day after that on which this Act is passed, and
ending with the date of the poll for the next parliamentary general election.
A statutory instrument containing an order under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“information notice” means a notice under section 9;
The Minister may by order made by statutory instrument make provision consequential on any provision of Part 2 or section 46.
An order under this section—
may include provision amending or modifying any provision of or made under PPERA 2000 (including any provision inserted by this Act),
may include incidental, supplementary, transitional, transitory or saving provision, and
may make different provision for different purposes or cases or for different areas.
A statutory instrument containing an order under this section that amends or modifies any provision of PPERA 2000 may not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
No order may be made under this section after the date of the poll for the first relevant parliamentary general election.
In this section—
“the Minister” means the Secretary of State or the Minister for the Cabinet Office;
“the first relevant parliamentary general election” has the same meaning as in section 39;
“the Minister” means the Secretary of State or the Lord President of the Council;
“the Minister” means the Secretary of State or the Lord President of the Council;
Part 1 of this Act extends to the United Kingdom.
In Part 2 of this Act—
section 33(10) to (13) extends to the United Kingdom ..., and
section 39 extends to the United Kingdom.
Any amendment or repeal made by Part 2 or 3 of this Act has the same extent as the enactment amended or repealed.
Part 4 of this Act extends to the United Kingdom ....
This Act may be cited as the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.
Section 2
A person does not, by reason of making a communication, carry on the business of consultant lobbying if— In sub-paragraph (1) “non-lobbying activities” are activities other than making, on behalf of another person or persons, communications which— The persons are— For the purposes of this paragraph, “government” includes— (and the references to “the government” in section 2(3)(a) to (d) as applied by sub-paragraph (2)(a) are to be read accordingly).
A person does not carry on the business of consultant lobbying if—
the person acts generally as a representative of persons of a particular class or description,
the income of the person derives wholly or mainly from persons of that class or description, and
the making of communications within section 2(3) on behalf of those persons is no more than an incidental part of that general activity.
A person who, as an official or member of staff of— makes communications within section 2(3) on its behalf does not, by reason of those communications, carry on the business of consultant lobbying. An “international organisation” is any organisation which, for the purposes of section 1 of the International Organisations Act 1968, is declared to be (or is treated as being) an organisation of which— are members. Regulations may specify other organisations which are to be “international organisations” for the purposes of this paragraph.
An individual does not carry on the business of consultant lobbying by reason of making communications as an employee in the course of a business carried on by the individual's employer.
“Minister of the Crown” means the holder of an office in the government, and includes the Treasury;
“Payment” includes payment of any kind. But “payment” does not include any sums payable to a member of either House of Parliament—
Service as the Registrar is not service in the civil service of the State.
Communications may be made “in return for payment” whether the payment is made directly or indirectly. In particular, it does not matter—
The Registrar may make arrangements for sums in respect of the following to be paid to or in respect of the person holding office as the Registrar— The sums paid under sub-paragraph (1) are to be determined by the Minister.
But a communication is not made “in return for payment” if— If the person making the communication is an employee, the references in sub-paragraph (1)(b) and (c) to the person are to be read as references to the person's employer.
The Registrar may make arrangements with the Minister or other persons— The payments that may be made under arrangements under sub-paragraph (1)(a) include payments to the staff in addition to, or instead of, payments to the person with whom the arrangements are made.
References in this Part of this Act to receiving payment to engage in lobbying are to be read in accordance with paragraphs 5 to 7.
A communication is not within section 2(3) if it is required to be made by or under any statutory provision or other rule of law.
“the Minister” means the Secretary of State or the Lord President of the Council;
Where an individual (“A”) makes a communication in the course of a business carried on by another person (“B”), the communication is to be regarded as being made by B as well as by A. Where A is an employee of B, then (whether or not the communication is made on behalf of a third party) A is not to be regarded as making the communication on behalf of B.
The Registrar is to be appointed by the Minister. The Registrar holds office in accordance with the terms and conditions of that appointment; but this is subject to sub-paragraphs (3) to (6). The term of office for which the Registrar is appointed must not be more than 4 years. A person may be appointed for a second or third term; but the term for which a person is re-appointed must not be more than 3 years. The Registrar may resign by giving written notice to the Minister. The Minister may dismiss the Registrar if the Minister is satisfied that the Registrar is unable, unwilling or unfit to perform the functions of the office.
The Minister may make grants or loans to the Registrar. The grants or loans may be subject to conditions (including conditions as to repayment with or without interest).
A person is ineligible for appointment as the Registrar if, at any time in the previous 5 years, the person— “Minister of the Crown” and “permanent secretary” have the meaning given by section 2(6).
A defect in the Registrar's appointment does not affect the validity of anything done by the Registrar.
The positions mentioned in section 2(6) are— Cabinet Secretary; Chief Executive of Her Majesty's Revenue and Customs; Chief Medical Officer; Director of Public Prosecutions; First Parliamentary Counsel; Government Chief Scientific Adviser; Head of the Civil Service; Prime Minister's Adviser for Europe and Global Issues. Regulations may amend sub-paragraph (1) by adding or removing a position.
Section 3
The Registrar is a corporation sole.
The Registrar exercises the functions of that office on behalf of the Crown.
to “engage in lobbying” means to make a communication within section 2(3) on behalf of another person or persons;
The Registrar must keep proper accounts and proper records in relation to the accounts. The Registrar must prepare a statement of accounts in respect of each financial year. The Registrar must send a copy of the statement, within a period specified by the Minister, to the Comptroller and Auditor General. After the Registrar has sent a copy of a statement of accounts to the Comptroller and Auditor General, the Comptroller and Auditor General must— In this paragraph “financial year” means—
In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ The Registrar of Consultant Lobbyists ”.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) before the entry for the “Registrar General for England and Wales” insert— “ The Registrar of Consultant Lobbyists ”.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Registrar of Consultant Lobbyists ”.
Section 26 After Schedule 8 to the Political Parties, Elections and Referendums Act 2000 insert—
Section 33 After Schedule 11 to the Political Parties, Elections and Referendums Act 2000 insert—