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There shall be a body corporate to be known as the Electoral Commission or, in Welsh, Comisiwn Etholiadol (in this Act referred to as “the Commission”).
The Commission shall consist of members to be known as Electoral Commissioners.
There shall be not less than five, but not more than nine, Electoral Commissioners.
The Electoral Commissioners shall be appointed by Her Majesty (in accordance with section 3).
Her Majesty shall (in accordance with section 3) appoint one of the Electoral Commissioners to be the chairman of the Commission.
Schedule 1, which makes further provision in relation to the Commission, shall have effect.
There shall be a Committee (to be known as “the Speaker’s Committee”) to perform the functions conferred on the Committee by this Act.
The Speaker’s Committee shall consist of the Speaker of the House of Commons, who shall be the chairman of the Committee, and the following other members, namely—
the Member of the House of Commons who is for the time being the Chairman of the Home Affairs Select Committee of the House of Commons;
the Secretary of State for the Home Department (whether or not a Member of the House of Commons);
a Member of the House of Commons who is a Minister of the Crown with responsibilities in relation to local government; and
five Members of the House of Commons who are not Ministers of the Crown.
The member of the Committee mentioned in subsection (2)(c) shall be appointed to membership of the Committee by the Prime Minister.
The members of the Committee mentioned in subsection (2)(d) shall be appointed to membership of the Committee by the Speaker of the House of Commons.
Schedule 2, which makes further provision in relation to the Speaker’s Committee, shall have effect.
In this section and that Schedule, references to the Home Affairs Select Committee shall—
if the name of that Committee is changed, be taken (subject to paragraph (b)) to be references to the Committee by its new name;
if the functions of that Committee at the passing of this Act with respect to electoral matters (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons, be taken to be references to the committee by whom the functions are for the time being exercisable.
The powers of Her Majesty under section 1(4) and (5) shall be exercisable on an Address from the House of Commons.
No motion shall be made for such an Address except—
with the agreement of the Speaker of the House of Commons; and
after consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong.
Such an Address shall specify the period (not exceeding 10 years) for which each proposed Electoral Commissioner to whom the Address relates is to hold office as such Commissioner or (as the case may be) the period for which the proposed chairman of the Commission is to hold office as such chairman.
A person may not be appointed as an Electoral Commissioner if the person—
is a member of a registered party;
is an officer or employee of a registered party or of any accounting unit of such a party;
holds a relevant elective office (within the meaning of Schedule 7); or
has at any time within the last ten years—
been such an officer or employee as is mentioned in paragraph (b), or
held such an office as is mentioned in paragraph (c), or
been named as a donor in the register of donations reported under Chapter III or V of Part IV.
An Electoral Commissioner, or the chairman of the Commission, may be re-appointed (or further re-appointed).
In subsection (2)(b) the reference to Members of the House of Commons does not include any Member of that House who at the time in question—
has not made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation); or
is disqualified from sitting and voting in that House.
In this section “registered party”—
includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the Registration of Political Parties Act 1998; and
in subsection (4)(b) also includes (in relation to times before 1st April 1999) any political party.
There shall be a panel (to be known as “the Parliamentary Parties Panel”) which consists of representatives of qualifying parties appointed in accordance with this section.
The function of the panel shall be to submit representations or information to the Commission about such matters affecting political parties as the panel think fit.
Where the panel submit any such representations or information to the Commission, the Commission shall—
consider the representations or information, and
decide whether, and (if so) to what extent, they should act on the representations or information.
Each qualifying party shall be entitled to be represented on the panel by a person appointed to the panel by the treasurer of the party.
Subject to subsection (6), a person so appointed shall be a member of the panel for such period as the treasurer of the party may determine when making the appointment.
A person so appointed shall cease to be a member of the panel if at any time—
his appointment is terminated for any reason by the treasurer of the party, or
the party ceases to be a qualifying party.
The panel may determine their own procedure.
The validity of any proceedings of the panel shall not be affected by any failure by the treasurer of a qualifying party to make any appointment in accordance with this section.
In this section “qualifying party” means a registered party—
to which two or more Members of the House of Commons for the time being belong, who have made and subscribed to the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation) and are not disqualified from sitting or voting in the House; or
to which two or more such Members belonged immediately after the most recent parliamentary general election.
The Commission shall, after— prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.
each election to which this section applies, and
each referendum to which Part VII applies,
The elections to which this section applies are the following, namely—
a parliamentary general election;
a European Parliamentary general election;
a Scottish Parliamentary general election;
a National Assembly for Wales ordinary election;
a Northern Ireland Assembly general election.
After a poll held under section 36 of the Government of Wales Act 1998 the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.
The Commission shall keep under review, and from time to time submit reports to the Secretary of State on, the following matters, namely—
such matters relating to elections to which this section applies as the Commission may determine from time to time;
such matters relating to referendums to which this section applies as the Commission may so determine;
the redistribution of seats at parliamentary elections;
if any functions are transferred by an order under section 18(1), 19(1) or 20(1), the matters in relation to which those functions are exercisable;
the registration of political parties and the regulation of their income and expenditure;
political advertising in the broadcast and other electronic media;
the law relating to the matters mentioned in each of paragraphs (a) to (f).
At the request of the Secretary of State, and within such time as the Secretary of State may specify, the Commission shall— such matter or matters (whether or not falling within subsection (1)) as the Secretary of State may specify.
review, and
submit a report to the Secretary of State on,
The Commission shall not, however, carry out any review (or make any report) under this section with respect to any of the following matters, namely—
the funding of political parties under section 97 of the Scotland Act 1998 or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties;
the conduct of referendums held in pursuance of any provision made by or under an Act of the Scottish Parliament or the Northern Ireland Assembly or the conduct of any poll under section 36 of the Government of Wales Act 1998;
the law relating to the matters mentioned in each of paragraphs (a) and (b).
Where any review carried out under this section relates to elections or referendums in Northern Ireland, the Commission shall consult the Chief Electoral Officer for Northern Ireland with respect to such elections or referendums.
Each report made by the Commission under this section shall be published by them in such manner as they may determine.
The elections and referendums to which this section applies are—
in the case of elections—
the elections mentioned in section 5(2),
local government elections in England or Wales, and
local elections in Northern Ireland; and
in the case of referendums, referendums to which Part VII applies and those under Part II of the Local Government Act 2000.
Before making an instrument to which this section applies, the authority making the instrument shall consult the Commission.
This section applies to an instrument containing—
regulations under paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978 (conduct and questioning of European Parliamentary elections);
an order under paragraph 4(1)(a) or (b) of that Schedule (designations of regional returning officers);
an order under section 24(1)(c), (cc) or (e), 25(1)(b), 28(1)(b) or 35(2B) of the Representation of the People Act 1983 (designations of returning officers and acting returning officers);
rules under section 36 of that Act (local government elections in England and Wales);
regulations under that Act (“the 1983 Act”), or under the Representation of the People Act 1985, in relation to which section 201(2) of the 1983 Act (regulations which may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament) has effect;
an order under section 11 or 36(4) or (5) of the Government of Wales Act 1998 (conduct of elections to the National Assembly for Wales and of polls held by the Assembly);
an order under section 12(1) or (6) of the Scotland Act 1998 (conduct of elections to the Scottish Parliament);
an order under section 34(4) of the Northern Ireland Act 1998 (conduct of elections to the Northern Ireland Assembly);
an order under section 17A(3) of the Greater London Authority Act 1999 (free delivery of election addresses at elections to the Greater London Authority).
No draft Order shall be laid before Parliament under section 84(4) of the Northern Ireland Act 1998 (power to make provision with respect to elections in Northern Ireland) except after consultation with the Commission.
The function of giving directions under section 52(1) of the Representation of the People Act 1983 (directions as to discharge of registration duties) shall be exercisable only on, and in accordance with, a recommendation of the Commission.
A function to which this subsection applies shall, unless the Secretary of State considers that the exercise of the function is expedient in consequence of changes in the value of money, be exercisable only on, and in accordance with, a recommendation of the Commission.
Subsection (2) applies to the following functions, namely—
the making of orders under section 76(2A) of that Act (limitation of expenses in connection with elections to the Greater London Authority);
the making of orders under section 11 of the Government of Wales Act 1998 or section 12 of the Scotland Act 1998 so far as relating to the matters mentioned in subsection (2)(c) of the section (limitation of expenses in connection with elections to the National Assembly for Wales or Scottish Parliament);
the making of regulations under paragraph 2(3A)(a) of Schedule 1 to the European Parliamentary Elections Act 1978 (limitation of expenses in connection with elections to the European Parliament).
The Commission—
may participate with any relevant local authority in the joint submission of proposals falling within section 10(1) of the Representation of the People Act 2000 (pilot schemes); and
shall have such other functions in relation to— as are conferred on the Commission by those sections.
orders and schemes under section 10 of that Act, and
orders under section 11 of that Act (revision of procedures in the light of pilot schemes),
Where any scheme under section 10 of that Act falls to be implemented following the approval by the Secretary of State of proposals jointly submitted by the Commission and a relevant local authority as mentioned in subsection (1)(a) above, the Commission may, in connection with the implementation of the scheme, provide that authority with such assistance (except financial assistance) as the Commission think fit.
In this section “relevant local authority” has the same meaning as in section 10 of that Act.
The Commission may, at the request of any relevant body, provide the body with advice and assistance as respects any matter in which the Commission have skill and experience.
The assistance which may be so provided includes (in particular) the secondment of members of the Commission’s staff.
The Commission may also—
provide advice and assistance to—
registration officers,
returning officers at relevant elections,
registered parties,
recognised third parties within the meaning of Part VI, and
permitted participants within the meaning of Part VII;
provide advice and assistance to other persons which is incidental to, or otherwise connected with, the discharge by the Commission of their functions.
The Commission—
may make charges for advice or assistance provided by them under subsection (1); but
may not make charges for advice and assistance provided under subsection (3).
Nothing in this section authorises the Commission to provide any form of financial assistance.
In this section “relevant body” means—
the Scottish Parliament;
the Scottish Executive;
the National Assembly for Wales;
the Northern Ireland Assembly;
the Executive Committee of the Northern Ireland Assembly;
any of the following local authorities—
in England, the council of a county, district or London borough,
in Wales, the council of a county or county borough, and
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
a national or regional parliament or government in a country other than the United Kingdom;
a body in any such other country having functions corresponding to any of the functions of the Commission;
an organisation of which two or more countries (or their governments) are members or a subordinate body of such an organisation.
In this section “relevant election” means any election falling within section 22(5) other than a local government election in Scotland.
The Scottish Ministers may by order provide that subsection (7) shall have effect as if the words “other than a local government election in Scotland” were omitted.
Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (8) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
In section 36 of the Broadcasting Act 1990 (independent television services: party political broadcasts), after subsection (4) there shall be inserted—
In section 107 of that Act (independent sound broadcasting services: party political broadcasts), after subsection (3) there shall be inserted—
The British Broadcasting Corporation and Sianel Pedwar Cymru shall each, in determining its policy with respect to party political broadcasts, have regard to any views expressed by the Electoral Commission for the purposes of this subsection.
For the purposes of this section—
“a policy development grant” is a grant to a represented registered party to assist the party with the development of policies for inclusion in any manifesto on the basis of which—
candidates authorised to stand by the party will seek to be elected at an election which is a relevant election for the purposes of Part II, or
the party itself will seek to be so elected (in the case of such an election for which the party itself may be nominated); and
a registered party is “represented” if there are at least two Members of the House of Commons belonging to the party who—
have made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation), and
are not disqualified from sitting or voting in that House.
The Commission shall submit recommendations to the Secretary of State for the terms of a scheme for the making by the Commission of policy development grants.
Where the Secretary of State receives recommendations under subsection (2), he shall make an order setting out such a scheme in terms which, with any modifications he considers appropriate, give effect to the recommendations.
The scheme shall, in particular, specify or provide for the determination of—
the parties eligible for policy development grants, and
how any money provided to the Commission for the making of policy development grants is to be allocated between the parties eligible for such grants.
The Commission shall keep under review the terms of any scheme under this section and shall make recommendations to the Secretary of State for any variations to the scheme which they consider appropriate.
Where the Secretary of State receives recommendations under subsection (5), he shall make an order giving effect, with any modifications he considers appropriate, to the recommendations.
Where any such modifications as are mentioned in subsection (3) or (6) would result in an order under that subsection giving effect with modifications to any recommendations of the Commission in respect of either of the matters mentioned in subsection (4), the order shall not be made without the agreement of the Commission to the modifications so far as relating to those matters.
The Commission shall make such grants as are provided for under any scheme under this section, and any such grants may be made subject to such conditions as (consistently with the terms of the scheme) the Commission consider appropriate; but nothing in such a scheme shall have effect to authorise the Commission to make in any financial year more than £2 million in policy development grants.
The Secretary of State may by order made with the consent of the Treasury vary the sum for the time being specified in subsection (8).
The Commission shall promote public awareness of—
current electoral systems in the United Kingdom and any pending such systems, together with such matters connected with any such existing or pending systems as the Commission may determine;
current systems of local government and national government in the United Kingdom and any pending such systems; and
the institutions of the European Union.
For the purposes of subsection (1) any system such as is mentioned in paragraph (a) or (b) of that subsection is pending at a time when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.
Subsection (1) does not apply in relation to local government elections, or to local government, in Scotland; but in paragraph (b) of that subsection the reference to national government includes (in addition to the government of the United Kingdom) the government of parts of the United Kingdom for which there are devolved legislatures.
The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by—
carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (1); or
making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.
Any grant under subsection (4)(b) may be made subject to such conditions as the Commission consider appropriate.
The total expenditure incurred in any financial year by the Commission in performing their functions under subsection (1) (whether by making grants or otherwise) shall not exceed such sum as is for the time being specified for the purposes of this subsection by an order made by the Secretary of State with the consent of the Treasury.
The Scottish Ministers may by order provide that, despite subsection (3), the Commission may perform the functions conferred by this section in relation to local government elections, or to local government, in Scotland.
Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable by virtue of an order made by the Scottish Ministers under subsection (7); but such expenditure shall not exceed such sum as is for the time being specified for the purposes of this subsection in an order made by the Scottish Ministers.
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any of functions mentioned in subsection (8).
Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
The Commission shall establish four Boundary Committees, one for each of England, Scotland, Wales and Northern Ireland.
Each Boundary Committee shall consist of— appointed by the Commission.
a chairman, and
not less than the appropriate number of other members,
For the purposes of subsection (2) “the appropriate number”, in relation to a Boundary Committee, is—
two, if no functions fall to be exercised by the Committee by virtue of section 18(1), section 19(1) or section 20(1) (as the case may be); and
four, if any functions fall to be so exercised.
Only an Electoral Commissioner or a deputy Electoral Commissioner may be appointed a member of a Boundary Committee; and only an Electoral Commissioner may be appointed chairman of a Boundary Committee.
The Commission shall, where any functions fall to be exercised by a Boundary Committee as mentioned in subsection (3), so exercise their powers of appointment under this section and section 15 as to secure—
that at least one of the members of the Committee is a person with experience of local government matters in England, Scotland or Wales (as the case may be); and
that, in the case of the Boundary Committee for Wales, at least one of the members of the Committee is a person able to speak the Welsh language.
The following persons shall be assessors to the Boundary Committees—
in the case of each of the Boundary Committee for England and the Boundary Committee for Wales, the Registrar General for England and Wales and the Director General of Ordnance Survey;
in the case of the Boundary Committee for Scotland, the Registrar General of Births, Deaths and Marriages for Scotland and the Director General of Ordnance Survey;
in the case of the Boundary Committee for Northern Ireland, the Registrar General of Births and Deaths in Northern Ireland, the Commissioner of Valuation for Northern Ireland and the Chief Electoral Officer for Northern Ireland.
The Commission may appoint Deputy Electoral Commissioners.
The number of Deputy Electoral Commissioners shall not exceed such number as the Commission, with the agreement of the Speaker’s Committee, may determine.
A person shall not be appointed as a Deputy Electoral Commissioner if he is a person who (by virtue of section 3(4)) may not be appointed as an Electoral Commissioner.
The functions of a Deputy Electoral Commissioner are limited to serving as a member of any Boundary Committee to which he is appointed.
Schedule 1 contains further provisions about Deputy Electoral Commissioners.
The Parliamentary Constituencies Act 1986 shall have effect subject to the amendments specified in Part I of Schedule 3, by virtue of which—
the functions of each of the Boundary Commissions under section 3(1) and (3) of that Act (functions with respect to keeping under review, and reporting on, representation in the House of Commons of the part of the United Kingdom with which they are concerned) are transferred to the Electoral Commission; and
functions with respect to— are conferred on the Boundary Committee established for that part of the United Kingdom under section 14 above.
the carrying out of reviews under that Act with respect to a particular part of the United Kingdom, and
the submission to the Electoral Commission of proposed recommendations following any such review,
The consequential amendments of other Acts specified in Part II of Schedule 3 shall have effect.
A Boundary Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.
In this section “Boundary Commission” means one of the Boundary Commissions constituted under the 1986 Act.
There shall be transferred to and vest in the Commission by virtue of this subsection all property, rights and liabilities to which a Boundary Commission are entitled or subject when their functions are transferred to the Commission by virtue of section 16(1).
A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.
Subsection (1) has effect in relation to property, rights or liabilities to which it applies despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.
The Secretary of State may by order make provision for and in connection with transferring (to any extent) to— any of the functions of the Local Government Commission for England (in this section referred to as “the English Commission”).
the Commission, or
the Boundary Committee for England,
An order under subsection (1) may make provision for—
transferring (to any extent) any relevant function of the Secretary of State to the Commission;
terminating (to any extent) any relevant function of the Secretary of State or the English Commission without transferring it to the Commission or the Boundary Committee for England;
modifying (to any extent) any relevant function of the Secretary of State;
preventing the Secretary of State from exercising any relevant function (including one so modified) unless he has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising him to seek such advice in connection with the exercise of any such function;
modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for England;
conferring on the Commission functions with respect to electoral areas or other electoral arrangements relating to the Isles of Scilly.
In subsection (2) “relevant function” means (subject to subsection (4)) a function under—
any of sections 13 to 15 and 17 of the Local Government Act 1992 (local government changes in England),
any of sections 13, 14 and 17(4) of the Local Government and Rating Act 1997 (parishes and parish councils) so far as having effect in relation to electoral arrangements within the meaning of Part II of that Act, or
section 2(4) of the Greater London Authority Act 1999 or Schedule 1 to that Act (assembly constituencies).
Nothing in subsection (2) authorises the transfer to the Commission of any power of the Secretary of State under any of the provisions mentioned in subsection (3)(a) to make orders other than those effecting electoral changes within the meaning of Part II of the Local Government Act 1992; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.
The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for England shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
The English Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.
An order under subsection (1) or (6) may include provision for the transfer to the Commission— and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
of the staff of the English Commission, and
of any property, rights and liabilities to which the English Commission are entitled or subject;
An order under subsection (6) may include provision for the abolition of any duty in compliance with which the English Commission were established or constituted.
The Secretary of State may pay to the Commission such amount as he may determine to be appropriate by way of reimbursement for any expenditure incurred by them which is attributable to the provision by them of advice to the Secretary of State in pursuance of an order under subsection (1).
The Scottish Ministers may by order make provision for and in connection with transferring (to any extent) to— any of the functions of the Local Government Boundary Commission for Scotland (in this section referred to as “the Scottish Commission”).
the Commission, or
the Boundary Committee for Scotland,
An order under subsection (1) may make provision for—
transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;
terminating (to any extent) any relevant function of the Scottish Ministers or the Scottish Commission without transferring it to the Commission or the Boundary Committee for Scotland;
modifying (to any extent) any relevant function of the Scottish Ministers;
preventing the Scottish Ministers from exercising any relevant function (including one so modified) unless they have sought and obtained such advice of the Commission as may be prescribed by the order, or authorising them to seek such advice in connection with the exercise of any such function;
modifying any function transferred by such an order so far as it is to be exercisable by the Commission or the Boundary Committee for Scotland.
In subsection (2) “relevant function” means (subject to subsection (4)) a function under any of sections 13 to 21 of, and Schedule 5 and paragraph 1(2) of Schedule 6 to, the Local Government (Scotland) Act 1973.
Nothing in subsection (2)(a) authorises the transfer to the Commission of any power of the Scottish Ministers to make orders under any of the provisions mentioned in subsection (3).
The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Scotland shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
The Scottish Commission shall cease to exist at such time as the Scottish Ministers, being satisfied that the Scottish Commission have no further functions, by order direct.
An order under subsection (1) or (6) may include provision for the transfer to the Commission— and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property or liabilities otherwise than by the order.
of the staff of the Scottish Commission, and
of any property (including rights and interests of any description) and liabilities to which the Scottish Commission are entitled or subject;
An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Scottish Commission were established or constituted.
Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
Any power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any functions in consequence of an order made under subsection (1).
The National Assembly for Wales may by order make provision for and in connection with transferring (to any extent) to— any of the functions of the Local Government Boundary Commission for Wales (in this section referred to as “the Welsh Commission”).
the Commission, or
the Boundary Committee for Wales,
An order under subsection (1) may make provision for—
transferring (to any extent) any relevant function of the National Assembly for Wales (“the Assembly”) to the Commission;
terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;
modifying (to any extent) any relevant function of the Assembly;
preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;
modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.
In subsection (2) “relevant function” means (subject to subsection (4)) a function under—
section 30(3) or (4) or 31(3) of the Local Government Act 1972 (restriction on community applications during and after reviews), or
any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).
Nothing in subsection (2) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (3)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.
The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Wales shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
The Welsh Commission shall cease to exist at such time as the National Assembly for Wales, being satisfied that they have no further functions to perform, by order directs.
An order under subsection (1) or (6) may include provision for the transfer to the Commission— and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
of the staff of the Welsh Commission, and
of any property, rights and liabilities to which the Welsh Commission are entitled or subject;
An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Welsh Commission were established or constituted.
An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments).
Nothing in this section shall be read as affecting the generality of subsection (9).
Any power of the National Assembly for Wales to make an order under this section shall be exercisable by statutory instrument.
The expenditure of the Commission, so far as attributable to the exercise of any functions in consequence of an order under subsection (1), shall be met by the National Assembly for Wales.
In this Part “financial year”, in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.
Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of—
a person who stands for election in the name of a qualifying registered party; or
a person who does not purport to represent any party; or
a qualifying registered party, where the election is one for which registered parties may be nominated.
For the purposes of subsection (1) a party (other than a minor party) is a “qualifying registered party” in relation to a relevant election if—
the constituency, local government area or electoral region in which the election is held— and the party was, on the last day for publication of notice of the election, registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or
is in England, Scotland or Wales, or
is the electoral region of Scotland or Wales,
the constituency, district electoral area or electoral region in which the election is held— and the party was, on that day, registered in the Northern Ireland register maintained by the Commission under that section.
is in Northern Ireland, or
is the electoral region of Northern Ireland,
For the purposes of subsection (1) a person does not purport to represent any party if either—
the description of the candidate given in his nomination paper, is—
“Independent”, or
where the candidate is the Speaker of the House of Commons seeking re-election, “The Speaker seeking re-election”; or
no description of the candidate is given in his nomination paper.
Subsection (1) does not apply in relation to any parish or community election.
The following elections are relevant elections for the purposes of this Part—
parliamentary elections,
elections to the European Parliament,
elections to the Scottish Parliament,
elections to the National Assembly for Wales,
elections to the Northern Ireland Assembly,
local government elections, and
local elections in Northern Ireland.
For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.
In place of the register of political parties maintained by the registrar of companies under the Registration of Political Parties Act 1998, there shall be the new registers of political parties mentioned in subsection (2) which—
shall be maintained by the Commission, and
(subject to the provisions of this section) shall be so maintained in such form as the Commission may determine.
The new registers of political parties are—
a register of parties that intend to contest relevant elections in one or more of England, Scotland and Wales (referred to in this Act as “the Great Britain register”); and
a register of parties that intend to contest relevant elections in Northern Ireland (referred to in this Act as “the Northern Ireland register”).
Each party registered in the Great Britain register shall be so registered in respect of one or more of England, Scotland and Wales; and the entry for each party so registered shall be marked so as to indicate—
the part or parts of Great Britain in respect of which it is registered; and
if the party is a minor party, that it is such a party.
A party may be registered under this Part in both of the new registers, but where a party is so registered— shall constitute two separate registered parties.
the party as registered in the Great Britain register, and
the party as registered in the Northern Ireland register,
In such a case—
the party shall for the purposes of this Act be so organised and administered as to secure that the financial affairs of the party in Great Britain are conducted separately from those of the party in Northern Ireland;
the financial affairs of the party in Great Britain or (as the case may be) Northern Ireland, shall accordingly constitute for those purposes the financial affairs of the party as registered in the Great Britain register or (as the case may be) the Northern Ireland register; and
any application for the registration of a party in accordance with subsection (4) shall similarly be made and determined by reference to the party’s organisation and activities in Great Britain and Northern Ireland respectively.
The Secretary of State may by order make provision for the transfer to the Commission of any property, rights and liabilities to which the registrar of companies is entitled or subject in connection with his functions under the Registration of Political Parties Act 1998; and an order under this subsection may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
For each registered party there shall be— but the person registered as leader may also be registered as nominating officer or treasurer (or both).
a person registered as the party’s leader;
a person registered as the party’s nominating officer; and
a person registered as the party’s treasurer;
The person registered as a party’s leader must be—
the overall leader of the party; or
where there is no overall leader of the party, a person who is the leader of the party for some particular purpose.
The person registered as a party’s nominating officer must have responsibility for the arrangements for—
the submission by representatives of the party of lists of candidates for the purpose of elections;
the issuing of such certificates as are mentioned in section 22(6); and
the approval of descriptions and emblems used on nomination and ballot papers at elections.
The person registered as a party’s treasurer shall be responsible for compliance on the part of the party—
with the provisions of Parts III and IV (accounting requirements and control of donations), and
unless a person is registered as the party’s campaigns officer in accordance with section 25, with the provisions of Parts V to VII (campaign expenditure, third party expenditure and referendums) as well.
In the case of a party with accounting units the person registered as the party’s treasurer shall, in relation to the provisions of Part III, be responsible for compliance on the part of the party’s central organisation (rather than of the party).
Where— then, until such time as another person is registered as the party’s treasurer in pursuance of an application under section 31(3)(a), the appropriate person shall be treated for all purposes of this Act (except subsection (8)) as if he were registered also as its treasurer.
the person registered as a party’s treasurer dies, or
his appointment as treasurer terminates for any other reason,
In subsection (6) “the appropriate person” means—
the person registered as the party’s leader; or
if that person is also registered as its treasurer but not as its nominating officer, the person registered as its nominating officer; or
if that person is also registered both as its treasurer and as its nominating officer, any other officer of the party registered in accordance with Schedule 4.
A person commits an offence if—
he is registered as treasurer of a registered party, and
he has been convicted, at any time within the period of five years ending with the date of registration, of any offence under this Act or of any other offence committed in connection with a relevant election or a referendum within the meaning of Part VII.
Where a person registered as treasurer of a registered party is convicted of an offence falling within subsection (8)(b), his appointment as treasurer of the party shall terminate on the date of the conviction.
In connection with the registration of a party in both the Great Britain register and the Northern Ireland register in accordance with section 23(4)—
a person may be registered in the Northern Ireland register as leader of the separate party registered in that register if (although not such a leader of the party as is mentioned in subsection (2) above) he is leader of the party in Northern Ireland; and
references to a person’s responsibilities in subsection (3) or (4) above shall be read as references to the responsibilities that he will have with respect to the separate party registered in the Great Britain register or the Northern Ireland register, as appropriate.
In the case of any registered party a person—
may be registered as the party’s campaigns officer, and
may be so registered whether or not he is also registered as the party’s leader or nominating officer (or both).
The person registered as a party’s campaign officer shall be responsible for compliance on the part of the party with the provisions of Parts V to VII.
So long as a party is registered as a party with a campaigns officer, section 24(6), (8) and (9) shall apply in relation to a person registered as the party’s campaigns officer as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the person registered as treasurer of the party.
The person registered as a party’s campaigns officer may appoint, on such terms as he may determine, one or more deputy campaigns officers of the party for the purposes of Part V, but not more than 12 persons may hold such appointments at the same time.
For the purposes of this section—
the provisions of section 74(2) to (10) shall apply in relation to a party’s campaigns officer and the appointment of a person as deputy campaigns officer as they apply in relation to a party’s treasurer and the appointment of a person as deputy treasurer, and
any reference in those provisions to a treasurer or (as the case may be) deputy treasurer shall accordingly be read as a reference to a campaigns officer or (as the case may be) deputy campaigns officer.
In relation to any time when a party is (or was) registered as a party with a campaigns officer—
the provisions of Part V (other than section 74) and Parts VI and VII shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer, and any reference to a deputy treasurer of the party were a reference to a deputy campaigns officer of the party; and
the provisions of Part X (enforcement) shall apply in connection with matters relevant for the purposes of Parts V to VII as if any reference to a person who is or has been the treasurer of the party were a reference to a person who is or has been the registered campaigns officer.
A party may not be registered unless it has adopted a scheme which—
sets out the arrangements for regulating the financial affairs of the party for the purposes of this Act; and
has been approved in writing by the Commission.
The scheme must in particular determine for the purposes of this Act whether the party is to be taken to consist of—
a single organisation with no division of responsibility for the financial affairs and transactions of the party for the purposes of Part III (accounting requirements), or
a central organisation and one or more separate accounting units, that is to say constituent or affiliated organisations each of which is to be responsible for its own financial affairs and transactions for the purposes of that Part.
In the latter case the scheme must—
identify, by reference to organisations mentioned in the party’s constitution, those which are to constitute the central organisation and the accounting units respectively; and
give the name of each of those organisations.
The scheme must in every case include such other information as may be prescribed by regulations made by the Commission.
Where a draft scheme is submitted by a party for the Commission’s approval, the Commission may either— as they think fit.
approve the scheme, or
give the party a notice requesting it to submit a revised scheme to them,
If under subsection (5) the Commission request a party to submit a revised scheme, they may specify either or both of the following, namely—
any matters which they consider should be dealt with in the revised scheme; and
any modifications which they consider should be incorporated in it.
A registered party may at any time notify the Commission that it wishes to replace the scheme for the time being approved in relation to it under this section with a further scheme complying with subsections (1) to (4); and where it so notifies the Commission—
it shall submit for the Commission’s approval a draft of the replacement scheme;
subsections (5) and (6) shall apply in connection with the approval by the Commission of that scheme; and
once that scheme has been approved in writing by the Commission it shall have effect as the party’s scheme under this section.
For the purposes of this section none of the following shall be taken to be a constituent or affiliated organisation in relation to a party—
a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;
a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969;
any other organisation specified, or of a description specified, in an order made by the Secretary of State on the recommendation of the Commission.
In this section “constitution”, in relation to a party, means the document or documents (of whatever name) by which the structure and organisation of the party is determined.
In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section 23(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection— and the party’s scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.
any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and
any reference in this Part to the party’s constitution shall be read as a reference to the party’s constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;
For the purposes of this Act—
“accounting unit” means a constituent or affiliated organisation falling within paragraph (b) of subsection (2);
a registered party is a “party with accounting units” if the party’s scheme under this section identifies the party as being one falling within that paragraph; and
in the case of such a party, the “central organisation” of the party is the central organisation referred to in that paragraph.
This section applies where a registered party is a party with accounting units.
For each accounting unit there shall be—
a person registered as the treasurer of the unit who shall be responsible for compliance on the part of the unit with the provisions of Parts III and IV so far as relating to it; and
another person who is an officer of the unit registered for the purposes of subsection (3).
Section 24(6), (8) and (9) shall apply in relation to a person registered as treasurer of an accounting unit as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the officer of the unit who is registered for the purposes of this subsection.
A party may apply to be registered under this Part by sending to the Commission an application which—
complies with the requirements of Part I of Schedule 4, and
is accompanied by a declaration falling within subsection (2).
The declarations falling within this subsection are—
a declaration that the party—
intends to contest one or more relevant elections in Great Britain and one or more such elections in Northern Ireland, and
is accordingly applying to be registered (as two such separate parties as are mentioned in section 23(4)) in both the Great Britain register and the Northern Ireland register;
a declaration that the party—
intends to contest one or more relevant elections (which will not be confined to one or more parish or community elections) in Great Britain only, and
is accordingly applying to be registered in the Great Britain register only;
a declaration that the party—
intends to contest one or more relevant elections in Northern Ireland only, and
is accordingly applying to be registered in the Northern Ireland register only;
a declaration that the party—
intends only to contest one or more parish or community elections, and
is accordingly applying to be registered in the Great Britain register only.
A declaration falling within paragraph (a), (b) or (d) of subsection (2) must specify the part or parts of Great Britain in respect of which the party is applying to be registered in the Great Britain register.
Where a party sends an application to the Commission in accordance with subsection (1), the Commission shall grant the application unless in their opinion the party proposes a registered name which— or it appears to the Commission that the party has failed to adopt a scheme approved under section 26.
would either—
be the same as that of a party which is already registered in the register in which that party is applying to be registered, or
be likely to result in electors confusing that party with a party which is already registered in respect of the relevant part of the United Kingdom,
comprises more than six words,
is obscene or offensive,
includes words the publication of which would be likely to amount to the commission of an offence,
includes any script other than Roman script, or
includes any word or expression prohibited by order made by the Secretary of State after consulting the Commission,
In subsection (4)(a) “already registered in respect of the relevant part of the United Kingdom” means—
in connection with registration of the applicant party in the Great Britain register, already registered in respect of any part of Great Britain in respect of which that party is applying to be registered;
in connection with registration of the applicant party in the Northern Ireland register, already registered in that register.
An order under subsection (4)(f) may except the use of a word or expression from the prohibition in specified circumstances.
If— the Commission shall determine by reference to the history of each of the applicant parties which of them has, in the Commission’s opinion, the greater or greatest claim to the name proposed by it, and shall then grant the application by that party and refuse the other application or applications.
at any time two or more applications for registration are pending each of which would (in the absence of the other or others) fall to be granted by the Commission, but
the registered names proposed by the applicant parties are such that, if one of those names was already registered in pursuance of the application in question, the Commission would be required to refuse the other application or applications by virtue of subsection (4)(a),
Where the Commission grant an application by a party under this section, they shall include in the party’s entry in the register—
the particulars, apart from home addresses, given in the application in accordance with paragraphs 2 to 4, 5(2) and 6 of Schedule 4; and
the date of registration.
Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.
In this Part “the register” means—
in relation to a party registered in the Great Britain register, the Great Britain register, and
in relation to a party registered in the Northern Ireland register, the Northern Ireland register.
A party’s application under section 28 may include a request for the registration of up to three emblems to be used by the party on ballot papers.
Where a request is made by a party under this section in relation to an emblem, the Commission shall register the emblem as an emblem of the party unless in their opinion it—
would either—
be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or
be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,
is obscene or offensive,
is of such a character that its publication would be likely to amount to the commission of an offence, or
includes a word or expression prohibited by virtue of section 28(4)(f).
In subsection (2)(a) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).
A registered emblem shall be a black and white representation of the emblem shown in the application.
Where the Commission refuse a request made by a party under this section in relation to an emblem, they shall notify the party of their reasons for refusing the request.
A party may apply to the Commission to have its entry in the register altered by—
changing its registered name,
(if registered in the Great Britain register) changing the part or parts of Great Britain in respect of which it is registered,
the addition, substitution or removal of an emblem,
the addition or removal of a statement that a party is registered as a party with a campaigns officer, or
the addition of information prescribed under paragraph 6 of Schedule 4 since—
the time when the party applied for registration, or
if a notification has been previously given under section 32 in relation to the party, the time when the last such notification was given.
Subject to subsections (3) to (6), the Commission shall grant an application under this section.
The Commission shall refuse an application to change a party’s registered name if, in their opinion, any of paragraphs (a) to (f) of section 28(4) apply to the new name.
The Commission shall refuse an application to change the part or parts of Great Britain in respect of which a party is registered if, in their opinion, the change would be likely to result in—
such confusion in relation to the party’s registered name as is mentioned in paragraph (a) of section 28(4), or
such confusion in relation to a registered emblem of the party as is mentioned in paragraph (a) of section 29(2).
The Commission shall refuse an application to add an emblem if—
the party already has three registered emblems, or
in the Commission’s opinion, any of paragraphs (a) to (d) of section 29(2) apply to the emblem.
The Commission shall refuse to substitute an emblem if in their opinion any of paragraphs (a) to (d) of section 29(2) apply to the new emblem.
For the purposes of subsection (3), (5) or (6)— as the case may be, shall each have effect as if the words “applying to be” were omitted.
section 28(4)(a) and section 28(5), or
section 29(2)(a) and section 28(5) (as it applies by virtue of section 29(3)),
Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.
Part II of Schedule 4 applies to applications under this section.
If at any time any particulars in a party’s entry in the register which relate to any relevant matter cease to be accurate, the person registered as treasurer of the party must give the Commission a notification under this section.
For the purposes of this section “relevant matter” means any of the following—
the name of any registered officer of the party;
the home address of any such officer;
the address of the party’s headquarters (or, if it has no headquarters, the address to which communications to the party may be sent);
the name of the treasurer of any accounting unit of the party or of any officer of such a unit registered for the purposes of section 27(3);
the name of any accounting unit of the party;
the address of the headquarters of any accounting unit of the party (or, if it has no headquarters, the address to which communications to the accounting unit may be sent).
A notification under this section must specify the relevant matter in respect of which the registered particulars have ceased to be accurate, and—
if that matter is specified in subsection (2)(a) or (d)—
specify the name of the officer replacing the person currently registered as holder of the office in question, and
(if that person is so registered as an officer of the party) include an application for the registration of the replacement officer which complies with Part III of Schedule 4; and
otherwise, specify accurate particulars in respect of that matter.
A notification under this section must be given to the Commission—
where subsection (1) applies by reason of the death or the termination for any other reason of the appointment of any registered officer of the party, within the period of 14 days beginning with the date of his death or the termination of his appointment;
where that subsection applies by reason of any other change in circumstances, within the period of 28 days beginning with the date when the change occurs.
Where the Commission receive a notification under this section, they shall cause any change required as a consequence of the notification to be made in the party’s entry in the register as soon as is reasonably practicable.
In the case of a party with accounting units any reference to the party in subsection (2)(c) shall be read as a reference to the central organisation.
For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.
The person registered as treasurer of a party must, at the time when the statement of accounts for any financial year of the party is sent to the Commission under Part III, give a notification under this section to the Commission.
A notification under this section must—
state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or
so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—
an application under section 30,
a notification under section 31, or
any information so prescribed.
A notification under this section must also give particulars of any change occurring in the party’s constitution (within the meaning of section 26) since the relevant time.
In subsections (2) and (3) “the relevant time” means—
the time when the party applied for registration, or
if a notification has been previously given under this section in relation to the party, the time when the last such notification was given.
A notification under this section must be accompanied by any fee prescribed by order made by the Secretary of State.
For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.
Once a party is registered its entry may only be removed from the register in accordance with subsection (2).
Where— the Commission shall remove the party’s entry from the register.
a party applies to have its entry removed from the register, and
the application includes a declaration on behalf of the party that it does not intend to have any candidates at any relevant election,
On the removal of the party’s entry from the register the party shall cease to be a registered party.
However, until the end of the financial year of the party which follows that in which its entry is removed from the register—
the Commission shall, when considering applications made by other parties under this Part, treat the entry as if it were still contained in the register, and
the requirements of Parts III to V shall continue to apply to the party as if it were still registered.
Part IV of Schedule 4 applies to applications under this section.
This section applies to any party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d) (referred to in this Act as a “minor party”).
The following provisions do not apply to a minor party— but this is subject to subsection (8)(a).
any provisions of this Part so far as relating to the registration of a treasurer or campaigns officer for a registered party or otherwise referring to a registered treasurer or campaigns officer (or any deputy campaigns officer);
sections 26 and 27; and
section 36;
The registered leader of a minor party must, in the case of each anniversary of the party’s inclusion in the register, give a notification under this subsection to the Commission within the period beginning one month before the anniversary and ending three months after it.
A notification under subsection (3) must—
state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or
so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—
an application under section 30,
a notification under section 31, or
any information so prescribed.
In subsection (4) “the relevant time” means— and for the purposes of subsection (4) any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.
the time when the party applied for registration, or
if a notification has previously been given under subsection (3) in relation to the party, the time when the last such notification was given;
A notification under subsection (3) must be accompanied by any fee prescribed by order made by the Secretary of State.
In addition to being able to make an application under section 30, a minor party may apply to the Commission to have—
the declaration mentioned in subsection (1) above cancelled, and
the party’s existing entry in the Great Britain register replaced by such entry or entries (in that or the Northern Ireland register) as accord with a fresh declaration sent by the party to the Commission and falling within section 28(2)(a), (b) or (c).
Where a minor party makes an application under subsection (7)—
the provisions mentioned in subsection (2)(a) and (b) shall apply to the party;
the party must provide the Commission with such information as—
would, by virtue of Schedule 4, be required to be provided in connection with an application by the party under section 28 to be registered in accordance with the fresh declaration mentioned in subsection (7)(b), and
has not already been provided in connection with its existing registration as a minor party; and
the following provisions, namely— shall apply, with any necessary modifications, in relation to the party’s application as if it were such an application under section 28 as is mentioned in paragraph (b)(i).
sections 28(4) to (8) and 29, and
paragraphs 1(2) and 7 of Schedule 4,
On receipt of a request made by the Secretary of State, the Commission shall send a copy of the Great Britain or Northern Ireland register, or any parts of it specified in the request, to—
the Secretary of State; or
any other person so specified.
The Commission may, in accordance with a scheme prepared by them for the purposes of this section, provide assistance for existing parties with a view to helping them to meet, or to reducing, the expenses falling to be initially incurred by them in order to comply with Parts III and IV.
The assistance which may be so provided to an existing party may take the form of— or both, as the scheme may determine.
a grant to the party, or
the provision of non-financial benefits to the party (such as the provision of computer software free of charge),
The scheme may provide for an existing party’s entitlement to assistance under this section to depend on the Commission’s being satisfied that the expenses falling to be incurred by the party as mentioned in subsection (1) exceed an amount specified in the scheme.
Any grant under this section may be made subject to such conditions as the Commission consider appropriate.
The total expenditure incurred by the Commission in providing assistance under this section (whether by grants or otherwise) shall not exceed £700,000.
The Commission shall publish the scheme in such manner as they consider appropriate.
In this section “existing party” means any party registered under the Registration of Political Parties Act 1998 at the commencement of this section.
A broadcaster shall not include in its broadcasting services any party political broadcast made on behalf of a party which is not a registered party.
In this Act “broadcaster” means—
the holder of a licence under the Broadcasting Act 1990 or 1996 ,
the British Broadcasting Corporation, or
Sianel Pedwar Cymru.
The rules set out in Schedule 1 to the Representation of the People Act 1983 (the parliamentary elections rules) shall be amended as follows.
In rule 6 (nomination of candidates), for paragraph (3) there shall be substituted—
In rule 6A (nomination papers: name of registered political party)—
in paragraph (1), after “unless” there shall be inserted “the party is a qualifying party in relation to the constituency and”; and
for paragraph (3) there shall be substituted—
In the Appendix of Forms, in the form of nomination paper, for “Merchant” there shall be substituted “Independent”.
A person commits an offence if—
he knowingly or recklessly makes a statement to the Commission which is false in any material particular, and
the statement is made, or purports to be made, on behalf of a party for any purpose of this Part of this Act.
In this Part—
“the appointed day” means the day appointed under section 163(2) for the coming into force of section 23;
“donation report” means a report prepared under subsection (1);
“parish or community election” means an election of councillors for a parish in England or a community in Wales;
“party” includes any organisation or person;
“the register” shall be construed in accordance with section 28(10);
For the purposes of this Part a registered party contests an election—
by one or more candidates standing for election in the party’s name at the election, or
by the party itself standing nominated at the election.
The treasurer of a registered party must ensure that accounting records are kept with respect to the party which are sufficient to show and explain the party’s transactions.
The accounting records must be such as to—
disclose at any time, with reasonable accuracy, the financial position of the party at that time; and
enable the treasurer to ensure that any statement of accounts prepared by him under section 42 complies with the requirements of regulations under subsection (2)(a) of that section.
The accounting records must in particular contain—
entries showing from day to day all sums of money received and expended by the party, and the matters in respect of which the receipt and expenditure take place; and
a record of the assets and liabilities of the party.
The treasurer must ensure that any accounting records made for the purposes of this section in respect of the party are preserved for at least six years from the end of the financial year of the party in which they are made.
Where a party ceases to be registered within the period of six years mentioned in subsection (4) as it applies to any accounting records, the obligation to ensure that those records are preserved in accordance with that subsection shall continue to be discharged by the last treasurer of the party unless—
the Commission consent in writing to the records being destroyed, or
the Commission direct in writing that the records may be otherwise disposed of and the records are disposed of in accordance with the direction.
In this Part “financial year”, in relation to a registered party, means such period as may be determined by the Commission under subsection (7), whether in relation to—
registered parties generally,
any description of registered parties which includes the party, or
the party itself.
The Commission may determine that the period which is to be a financial year of a registered party shall be— and different determinations may be made under this subsection in respect of financial years beginning on different dates.
a period of twelve months specified by the Commission, or
a shorter period specified by them for any transitional purposes;
The Commission shall notify registered parties of any determination under subsection (7) which affects them.
Nothing in this Part applies in relation to a minor party.
The treasurer of a registered party shall prepare a statement of accounts in respect of each financial year of the party.
A statement of accounts under this section must—
comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission; and
be approved—
by the management committee of the party, if there is one, and
otherwise by the registered leader of the party.
Regulations under subsection (2)(a) may in particular—
require any such statement to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;
specify information which is to be provided by way of notes to the accounts.
Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (2)(a) may impose different requirements—
according to whether the gross income or total expenditure of a party—
does not exceed £5,000,
exceeds £5,000 but not £250,000, or
exceeds £250,000;
in respect of (on the one hand) parties registered in the Great Britain register and (on the other) those registered in the Northern Ireland register.
Any special provision made by regulations under subsection (2)(a) in respect of parties registered in the Northern Ireland register shall, however, only have effect in relation to any financial year of a party so registered during any part of which there is an order in force under section 70(1); and, in the case of any other financial year of a party so registered, any provision made by such regulations in respect of parties registered in the Great Britain register shall have effect in relation to that financial year of the party as if it were registered in that register.
The treasurer of a registered party shall ensure that any statement of accounts prepared under this section in respect of the party is preserved for at least six years from the end of the financial year to which the statement relates.
Subsection (5) of section 41 shall apply in relation to the preservation of any such statement as it applies in relation to the preservation of any accounting records (the references to subsection (4) of that section being read as references to subsection (6) above).
In this Part “gross income” means gross recorded income from all sources.
Where a registered party’s gross income or total expenditure in any financial year exceeds £250,000, the accounts of the party for that year must be audited by a qualified auditor.
Where— the Commission may (at any time) give the treasurer of the party a direction requiring those accounts to be audited by a qualified auditor.
a registered party’s gross income or total expenditure in any financial year does not exceed £250,000, but
the Commission consider it desirable that the accounts of the party for that year should be audited,
An audit under this section must be carried out—
by the end of the period of six months from the end of the financial year in question, if the audit is required by subsection (1), or
by the later of— if the audit is required by such a direction.
the end of the period of six months from the end of the financial year in question, and
the end of the period of three months from the date of the direction under subsection (2),
If it appears to the Commission that any accounts required to be audited by virtue of— have not been duly audited by the time mentioned in subsection (3)(a) or (b) (as the case may be), the Commission may appoint a qualified auditor to audit those accounts.
subsection (1), or
a direction under subsection (2),
The expenses of any audit carried out by an auditor appointed by the Commission, including the auditor’s remuneration, may be recovered by the Commission from the funds of the party concerned as a debt due to the Commission.
The Commission may by regulations make provision with respect to—
the appointment of auditors to carry out audits under this section;
the duties of auditors so appointed; and
the removal or resignation of such auditors and matters connected with their removal or resignation.
Regulations under subsection (6)(c) may make provision requiring such person as is specified in the regulations to deliver to the Commission, in a case where such an auditor is removed or resigns, a copy of such document relating to the auditor’s removal or resignation as is so specified; and any such person commits an offence if he fails to comply with any such requirement.
Subsection (6)(a) does not apply in relation to the appointment of auditors by the Commission under subsection (4).
An auditor appointed to carry out an audit under section 43—
has a right of access at all reasonable times to the party’s books, documents and other records; and
is entitled to require from the treasurer or any other officer of the party, or from any former treasurer or officer of the party, such information and explanations as he thinks necessary for the performance of his duty as auditor.
If any person fails to provide an auditor with any access, information or explanation to which the auditor is entitled by virtue of subsection (1), the Commission may give that person such written directions as they consider appropriate for securing that the default is made good.
A person guilty of disobedience to any directions of the Commission under subsection (2) may, on the application of the Commission to the High Court or the Court of Session, be dealt with as for disobedience to an order of that Court.
A person commits an offence if he knowingly or recklessly makes to an auditor appointed to carry out an audit under section 43 a statement (whether written or oral) which—
conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of subsection (1), and
is misleading, false or deceptive in a material particular.
The treasurer of a registered party shall, if the party’s accounts for a financial year are not required to be audited by virtue of section 43(1) or (2), within 3 months of the end of that financial year deliver to the Commission—
the statement of accounts prepared for that year under section 42; and
the notification required to be sent with that statement by virtue of section 32(1).
If a registered party’s accounts for a financial year are required to be audited by virtue of section 43(1) or (2), the treasurer of the party shall, no later than 7 days after the end of the period allowed under section 43(3) for the audit of the accounts, deliver to the Commission—
the documents mentioned in paragraphs (a) and (b) of subsection (1); and
a copy of the auditor’s report (unless the auditor was appointed by the Commission under section 43(4)).
If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this section for delivering a party’s documents within subsection (1) or (2) for any financial year, by notice extend that period by a further period specified in the notice.
Any documents delivered to the Commission under this section shall be kept by the Commission for such period as they think fit.
Where the Commission receive any statement of accounts under section 45, they shall—
as soon as reasonably practicable after receiving the statement, make a copy of the statement available for public inspection; and
keep any such copy available for public inspection for the period for which the statement is kept by them or, if they so determine, during such shorter period as they may specify.
If in the case of a registered party— the person who was the treasurer of the party immediately before the end of that period is guilty of an offence.
any requirements of regulations under section 42(2)(a) are not complied with in relation to any statement of accounts delivered to the Commission under section 45, or
any statement of accounts, notification or auditor’s report required to be delivered to the Commission under that section is not delivered to them before the end of the relevant period,
It is a defence for a person charged with an offence under subsection (1) to prove that he took all reasonable steps, and exercised all due diligence, to ensure (as the case may be)—
that the requirements mentioned in subsection (1)(a) were complied with in relation to the statement of accounts, or
that the document mentioned in subsection (1)(b) would be delivered to the Commission before the end of the relevant period.
It is also a defence for a person charged with an offence under subsection (1) to prove—
that any failure to comply with the requirements mentioned in subsection (1)(a) was attributable to things done or omitted to be done at a time before he became the treasurer of the party, and
that he took all reasonable steps, and exercised all due diligence, to overcome the consequences of the acts or omissions.
In this section “the relevant period” means the period allowed by section 45(1) or (2) for delivering the statement, notification or report to the Commission or, if that period has been extended (or further extended) under section 45(3), that period as so extended.
If it appears to the treasurer of a registered party that any statement of accounts for any financial year of the party has not complied with any requirements of regulations under section 42(2)(a) (“the prescribed requirements”), he may prepare a revised statement of accounts.
Where that statement of accounts has been delivered to the Commission, the revisions shall be confined to—
the correction of those respects in which the statement did not comply with the prescribed requirements, and
the making of any necessary consequential alterations.
If it appears to the Commission that there is, or may be, a question whether any statement of accounts delivered to them under section 45 complies with the prescribed requirements, they may give notice to the treasurer of the party in question indicating the respects in which it appears to them that such a question arises or may arise.
The notice shall specify a period of not less than one month for the treasurer to give the Commission an explanation of the statement of accounts or prepare a revised statement.
If at the end of the specified period, or such longer period as the Commission may allow, it appears to the Commission— they may, if they think fit, make an application to the court under subsection (6).
that no satisfactory explanation of the statement of accounts has been given, and
that the statement has not been revised so as to comply with the prescribed requirements,
The Commission may under this subsection make an application to the court—
for a declaration or declarator that the statement of accounts does not comply with the prescribed requirements, and
for an order requiring the treasurer of the party to prepare a revised statement of accounts.
If the court orders the preparation of revised accounts, it may—
give such directions as it thinks fit;
order that all or part of the costs (or in Scotland expenses) of and incidental to the application are to be borne by the registered leader and the treasurer of the party.
Where the court makes an order under paragraph (b) of subsection (7) it shall have regard to whether the officers mentioned in that paragraph knew or ought to have known that the statement did not comply with the prescribed requirements, and it may—
order the payment of different amounts by different officers;
exclude one of the officers from the order; or
exclude both officers from the order and instead order the payment of all or part of the costs (or expenses) mentioned in that paragraph out of the funds of the party.
The Commission may by regulations make provision with respect to the application of provisions of this Part in relation to the preparation and auditing of revised statements of accounts, and their delivery to the Commission, and may in particular make provision—
for any matter for which provision may be made by regulations under section 43(6);
for disapplying, to such extent or in such circumstances (or both) as regulations under this subsection may specify, any of the provisions of section 47(1).
Section 46 applies in relation to any revised statement of accounts received by the Commission in accordance with regulations under subsection (9) as it applies in relation to any statement of accounts received by them under section 45.
The provisions of this section apply equally to statements of accounts that have already been revised, in which case the references to revised statements of accounts shall be read as references to further revised statements.
In this section “the court”—
in relation to England and Wales or Northern Ireland, means a county court; and
in relation to Scotland, means the sheriff.
Where a registered party is a party with accounting units, sections 41 to 48 have effect in accordance with Schedule 5, which makes provision for securing that— are dealt with separately for the purposes of this Part.
financial matters relating to the party exclusive of those relating to any accounting unit, and
financial matters relating to any such unit,
The following provisions have effect for the purposes of this Part.
“Donation”, in relation to a registered party, means (subject to section 52)—
any gift to the party of money or other property;
any sponsorship provided in relation to the party (as defined by section 51);
any subscription or other fee paid for affiliation to, or membership of, the party;
any money spent (otherwise than by or on behalf of the party) in paying any expenses incurred directly or indirectly by the party;
any money lent to the party otherwise than on commercial terms;
the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the party (including the services of any person).
Where— the transfer of the money or property shall (subject to subsection (5)) constitute a gift to the party for the purposes of subsection (2)(a).
any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party of any property, services or facilities or other consideration of monetary value, and
the total value in monetary terms of the consideration so provided by or on behalf of the party is less than the value of the money or (as the case may be) the market value of the property transferred,
In determining— regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the party in respect of the loan or the provision of the property, services or facilities.
for the purposes of subsection (2)(e), whether any money lent to a registered party is so lent otherwise than on commercial terms, or
for the purposes of subsection (2)(f), whether any property, services or facilities provided for the use or benefit of a registered party is or are so provided otherwise than on such terms,
Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(b) and by virtue of any other provision of this section, subsection (2)(b) (together with section 51) shall apply in relation to it to the exclusion of the other provision of this section.
Anything given or transferred to any officer, member, trustee or agent of a registered party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the party (and references to donations received by a party accordingly include donations so given or transferred).
Except so far as a contrary intention appears, references to a registered party in the context of— shall, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.
the making of donations to, or the receipt or acceptance of donations by, a registered party, or
any provision having effect for or in connection with determining what constitutes a donation to such a party,
In this section—
any reference to anything being given or transferred to a party or any person is a reference to its being so given or transferred either directly or indirectly through any third person;
“gift” includes bequest.
Nothing in this Part applies in relation to donations received by a minor party.
For the purposes of this Part sponsorship is provided in relation to a registered party if—
any money or other property is transferred to the party or to any person for the benefit of the party, and
the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—
to help the party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the party, or
to secure that to any extent any such expenses are not so incurred.
In subsection (1) “defined expenses” means expenses in connection with—
any conference, meeting or other event organised by or on behalf of the party;
the preparation, production or dissemination of any publication by or on behalf of the party; or
any study or research organised by or on behalf of the party.
The following do not, however, constitute sponsorship by virtue of subsection (1)— and subsection (1) also has effect subject to section 52(3).
the making of any payment in respect of—
any charge for admission to any conference, meeting or other event, or
the purchase price of, or any other charge for access to, any publication;
the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication;
The Secretary of State may by order made on the recommendation of the Commission amend subsection (2) or (3).
In this section “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).
For the purposes of this Part none of the following shall be regarded as a donation—
any policy development grant (within the meaning of section 12);
any grant under section 170 of the Criminal Justice and Public Order Act 1994 (security costs at party conferences);
any payment made by or on behalf of the European Parliament for the purpose of assisting members of the Parliament to perform their functions as such members;
the transmission by a broadcaster, free of charge, of a party political broadcast or a referendum campaign broadcast (within the meaning of section 127);
any other facilities provided in pursuance of any right conferred on candidates or a party at an election or a referendum by any enactment;
the provision of assistance by a person appointed under section 9 of the Local Government and Housing Act 1989;
the provision by any individual of his own services which he provides voluntarily in his own time and free of charge;
any interest accruing to a registered party in respect of any donation which is dealt with by the party in accordance with section 56(2)(a) or (b).
For the purposes of this Part there shall be disregarded—
any donation which (in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election; and
except for the purposes of section 68, any donation whose value (as determined in accordance with section 53) is not more than £200.
Nothing in section 50 or 51 shall have the result that a payment made in respect of the hire of a stand at a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum rates which the Commission determine to be reasonable for the hire of stands at party conferences as is applicable to the hire of the stand in question.
The value of any donation falling within section 50(2)(a) (other than money) shall be taken to be the market value of the property in question.
Where, however, section 50(2)(a) applies by virtue of section 50(3), the value of the donation shall be taken to be the difference between—
the value of the money, or the market value of the property, in question, and
the total value in monetary terms of the consideration provided by or on behalf of the party.
The value of any donation falling within section 50(2)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in section 51(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.
The value of any donation falling within section 50(2)(e) or (f) shall be taken to be the amount representing the difference between—
the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the party in respect of the loan or the provision of the property, services or facilities if— on commercial terms, and
the loan had been made, or
the property, services or facilities had been provided,
the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the party.
Subsection (6) applies where a donation such as is mentioned in subsection (3) confers an enduring benefit on the party during the whole or part of—
any period for which a report is to be prepared under this Part, or
two or more such periods.
In such a case, the amount to be recorded in any such report shall be so much of the total value of the donation (as determined in accordance with subsection (3)) as accrues during the whole or part of the period to which the report relates.
A donation received by a registered party must not be accepted by the party if—
the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or
the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.
For the purposes of this Part the following are permissible donors—
an individual registered in an electoral register;
a company— which carries on business in the United Kingdom;
registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986, and
incorporated within the United Kingdom or another member State,
a registered party;
a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;
a building society (within the meaning of the Building Societies Act 1986);
a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;
a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969; and
any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.
In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, registered in an electoral register.
Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a registered party by way of a donation— then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £200 shall be treated as if it were a separate donation received from that person.
on behalf of himself and one or more other persons, or
on behalf of two or more other persons,
In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the party, the party is given—
(except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation; and
(in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.
Where— the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.
any person (“the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person (“the donor”), and
the amount of that donation is more than £200,
A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).
In this section “electoral register” means any of the following—
a register of parliamentary or local government electors maintained under section 9 of the Representation of the People Act 1983;
a register of relevant citizens of the European Union prepared under Part III of the European Parliamentary Elections (Changes to the Franchise and Qualifications of Representatives) Regulations 1994; or
a register of peers prepared under regulations under section 3 of the Representation of the People Act 1985.
The following provisions have effect for the purposes of this Part.
Any payment out of public funds received by a registered party shall (subject to section 52(1)(a) and (b)) be regarded as a donation received by the party from a permissible donor.
Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that—
the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and
the amount of the donation does not exceed a reasonable amount in respect of such costs.
In subsection (3) “qualifying costs”, in relation to any member or officer of the party, means costs relating to that person in respect of—
travelling between the United Kingdom and the country or territory in question, or
travelling, accommodation or subsistence while within that country or territory.
Any exempt trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor.
But any donation received by a registered party from a trustee of any property (in his capacity as such) which is not—
an exempt trust donation, or
a donation transmitted by the trustee to the party on behalf of beneficiaries under the trust who are— shall be regarded as a donation received by the party from a person who is not a permissible donor.
persons who at the time of its receipt by the party are permissible donors, or
the members of an unincorporated association which at that time is a permissible donor,
Where— all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.
a donation is received by a registered party, and
it is not immediately decided that the party should (for whatever reason) refuse the donation,
If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then— within the period of 30 days beginning with the date when the donation is received by the party.
unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf,
if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,
Where— the party and the treasurer of the party are each guilty of an offence.
subsection (2)(a) applies in relation to a donation, and
the donation is not dealt with in accordance with that provision,
Where— the treasurer of the party is guilty of an offence.
subsection (2)(b) applies in relation to a donation, and
the donation is not dealt with in accordance with that provision,
For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless—
the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and
a record can be produced of the receipt of the donation and— as the case may be.
of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or
of the required steps being taken in relation to the donation as mentioned in subsection (2)(b),
Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.
For the purposes of section 56(2)(b) the required steps are as follows—
if the donation mentioned in that provision was transmitted by a person other than the donor, and the identity of that person is apparent, to return the donation to that person;
if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution; and
in any other case, to send the donation to the Commission.
In subsection (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body.
Any amount sent to the Commission in pursuance of subsection (1)(c) shall be paid by them into the Consolidated Fund.
This section applies to any donation received by a registered party—
which, by virtue of section 54(1)(a) or (b), the party are prohibited from accepting, but
which has been accepted by the party.
The court may, on an application made by the Commission, order the forfeiture by the party of an amount equal to the value of the donation.
The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings.
An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
In this section “the court” means— and proceedings on an application under this section to the sheriff shall be civil proceedings.
in relation to England and Wales, a magistrates' court;
in relation to Scotland, the sheriff; and
in relation to Northern Ireland, a court of summary jurisdiction;
Subsection (2) applies where an order (“the forfeiture order”) is made under section 58 by a magistrates' court or a court of summary jurisdiction in Northern Ireland.
The registered party may, before the end of the period of 30 days beginning with the date on which the forfeiture order is made, appeal to the Crown Court or, in Northern Ireland, to a county court.
An appeal under subsection (2) shall be by way of a rehearing; and the court hearing such an appeal may make such order as it considers appropriate.
Subsections (3) and (4) of section 58 apply in relation to a rehearing on an appeal under subsection (2) as they apply in relation to proceedings under that section.
Where an order is made under section 58 by the sheriff, the registered party may appeal against the order to the Court of Session.
Provision may be made by rules of court— and generally with respect to the procedure under those sections before any court.
with respect to applications or appeals to any court under section 58 or 59,
for the giving of notice of such applications or appeals to persons affected,
for the joinder, or in Scotland sisting, of such persons as parties,
Subsection (1) is without prejudice to the generality of any existing power to make rules.
Any amount forfeited by an order under section 58 or 59 shall be paid into the Consolidated Fund.
Subsection (3) does not apply—
where an appeal is made under section 59(2) or (5), before the appeal is determined or otherwise disposed of; and
in any other case—
where the forfeiture was ordered by a magistrates' court or a court of summary jurisdiction in Northern Ireland, before the end of the period of 30 days mentioned in section 59(2); or
where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 59(5) must be made.
In the case of a registered party which is not a body corporate—
proceedings under section 58 or 59 shall be brought against or by the party in its own name (and not in that of any of its members);
for the purposes of any such proceedings any rules of court relating to the service of documents apply as if the party were a body corporate; and
any amount forfeited by an order under section 58 or 59 shall be paid out of the funds of the party.
A person commits an offence if he— any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a registered party by any person or body other than a permissible donor.
knowingly enters into, or
knowingly does any act in furtherance of,
A person commits an offence if—
he knowingly gives the treasurer of a registered party any information relating to— which is false in a material particular; or
the amount of any donation made to the party, or
the person or body making such a donation,
with intent to deceive, he withholds from the treasurer of a registered party any material information relating to a matter within paragraph (a)(i) or (ii).
The treasurer of a registered party shall, in the case of each year, prepare a report under this subsection in respect of each of the following periods—
January to March;
April to June;
July to September;
October to December.
In this section—
“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates.
The donation reports for any year shall, in the case of each permissible donor from whom any donation is accepted by the party during that year, comply with the following provisions of this section so far as they require any such donation to be recorded in a donation report; and in those provisions any such donation is referred to, in relation to the donor and that year, as a “relevant donation”.
Where no previous relevant donation or donations has or have been required to be recorded under this subsection, a relevant donation must be recorded—
if it is a donation of more than £5,000, or
if, when it is added to any other relevant donation or donations, the aggregate amount of the donations is more than £5,000.
A donation to which subsection (4) applies must—
(if within paragraph (a) of that subsection) be recorded in the donation report for the reporting period in which it is accepted, or
(if within paragraph (b) of that subsection) be recorded (as part of the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £5,000 is accepted.
Where any previous relevant donation or donations has or have been required to be recorded under subsection (4), a relevant donation must be recorded at the point when there has or have been accepted— any relevant donation or donations of an amount or aggregate amount which is more than £1,000.
since the donation or donations required to be recorded under subsection (4), or
if any relevant donation or donations has or have previously been required to be recorded under this subsection, since the donation or donations last required to be so recorded,
A donation to which subsection (6) applies on any occasion must—
if it is the only donation required to be recorded on that occasion, be recorded in the donation report for the reporting period in which it is accepted, or
in any other case be recorded (as part of the aggregate amount mentioned in that subsection) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £1,000 is accepted.
For the purposes of subsections (4) to (7) as they apply in relation to any year— and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report.
each payment to which section 55(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and
each payment to which section 55(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year;
A donation report must also record every donation falling within section 54(1)(a) or (b) and dealt with during the reporting period in accordance with section 56(2).
If during any reporting period— the report shall contain a statement to that effect.
no donations have been accepted by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the donation report for that period, and
no donations have been dealt with as mentioned in subsection (9),
Where a registered party is a party with accounting units, subsections (3) to (10) shall apply separately in relation to the central organisation of the party and each of its accounting units—
as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but
with the substitution, in relation to such an accounting unit, of “£1,000” for “£5,000” in each place where it occurs in subsections (4) and (5).
However, for the purposes of subsections (3) to (7) in their application in relation to the central organisation and any year by virtue of subsection (11), any donation— shall be treated as a donation accepted from the donor during that year by the central organisation.
which is accepted from a permissible donor by any of the accounting units during that year, but
which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a donation accepted by the accounting unit,
Schedule 6 has effect with respect to the information to be given in donation reports.
Subject to section 64, the treasurer of a registered party shall, in the case of any general election period, prepare a report under this section in respect of each of the following periods—
the period of seven days beginning with the first day of the general election period;
each succeeding period of seven days falling within the general election period; and
any final period of less than seven days falling within that period.
In this section—
“weekly report” means a report prepared under subsection (1);
“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates.
The weekly report for any reporting period shall record each donation of more than £5,000 received during that period—
by the party (if it is not a party with accounting units); or
by the central organisation of the party (if it is a party with accounting units).
If during any reporting period no donations falling within subsection (3) have been received as mentioned in that subsection, the weekly report for that period shall contain a statement to that effect.
Schedule 6 has effect with respect to the information to be given in weekly reports.
In this section and section 64 “general election period” means the period—
beginning with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and
ending with the date of the poll.
Section 63(1) shall not apply in relation to a registered party in respect of a general election period if the party has made an exemption declaration which covers the general election in question.
A registered party shall be taken to have made an exemption declaration which covers a particular general election if a declaration that the party does not intend to have any candidates at that election—
is signed by the responsible officers of the party; and
is sent to the Commission within the period of seven days beginning with the date mentioned in section 63(6)(a).
A registered party shall also be taken to have made an exemption declaration which covers a particular general election if the party’s application for registration was accompanied by a declaration that the party was not intending to have candidates at parliamentary elections and either—
the poll for the general election in question takes place within the period of twelve months beginning with the date of its registration; or
the declaration has been confirmed in the party’s most recent notification given to the Commission under section 32 and the poll for the general election in question takes place within the period of twelve months beginning with the date when that notification was so given.
An exemption declaration shall, however, not cover a particular general election if the party in question withdraws its declaration by a notice— before the beginning of the general election period.
signed by the responsible officers of the party, and
sent to the Commission,
Where— the exemption declaration shall be treated as if it had been withdrawn at the beginning of the general election period (and the requirements of section 63 shall accordingly apply retrospectively as from the beginning of that period).
a registered party has made an exemption declaration which (apart from this subsection) would cover a particular general election, but
the party has one or more candidates at that election,
Subsection (3) shall apply to a party registered immediately before the date on which this section comes into force as if it referred to a declaration in the terms mentioned in that subsection having been—
signed by the responsible officers of the party, and
sent to the Commission within the period of six weeks beginning with that date.
For the purposes of this section “the responsible officers” are—
the registered leader;
the registered nominating officer; and
where the leader and the nominating officer are the same person, any other registered officer.
If any responsible officer is unable to sign a declaration or notice for the purposes of any provision of this section—
the holder of some other office in the party may sign in his place, and
the declaration or notice must include a statement of the reason why the responsible officer is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.
For the purposes of this section and section 65 a registered party shall be taken to have a candidate at a general election if any statement published, in connection with the election, under rule 14 of the rules set out in Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) contains the name of a candidate standing in the name of the party.
A donation report under section 62 shall be delivered to the Commission by the treasurer of the party in question within the period of 30 days beginning with the end of the reporting period to which it relates.
A donation report under section 63 shall be delivered to the Commission by the treasurer of the party in question—
within the period of 7 days beginning with the end of the reporting period to which it relates; or
(if that is not possible in the case of any party to which section 63(1) applies by virtue of section 64(5)) within the period of 7 days beginning with the first day on which the party has a candidate at the election in question.
The treasurer of a registered party commits an offence if he fails to comply with the requirements of subsection (1) or (2) in relation to a donation report.
The treasurer of a registered party also commits an offence if he delivers a donation report to the Commission which does not comply with any requirements of this Part as regards the recording of donations in such a report.
Where a person is charged with an offence under this section, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any such requirements were complied with in relation to donations received by the party during the relevant reporting period.
Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to a registered party was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the party of an amount equal to the value of the donation.
The following provisions, namely— shall apply for the purposes, or in connection with the operation, of subsection (6) above as they apply for the purposes, or in connection with the operation, of section 58.
subsections (3) to (5) of section 58, and
sections 59 and 60,
Section 64(9) applies for the purposes of this section.
Each donation report under section 62 or 63 must, when delivered to the Commission, be accompanied by a declaration made by the treasurer which complies with subsection (2), (3) or (4).
In the case of a report under section 62 (other than one making a nil return), the declaration must state that, to the best of the treasurer’s knowledge and belief—
all the donations recorded in the report as having been accepted by the party are from permissible donors, and
during the reporting period—
no other donations required to be recorded in the report have been accepted by the party, and
no donation from any person or body other than a permissible donor has been accepted by the party.
For the purposes of subsection (2) a return under section 62 makes a nil return if it contains such a statement as is mentioned in subsection (10) of that section; and in the case of such a report the declaration must state that, to the best of the treasurer’s knowledge and belief—
that statement is accurate; and
during the reporting period no donation from any person or body other than a permissible donor has been accepted by the party.
In the case of a report under section 63, the declaration must state that, to the best of the treasurer’s knowledge and belief, no donations have been received by the party, or (if section 63(3)(b) applies) by its central organisation, during the reporting period which—
are required to be recorded in the report, but
are not so recorded.
A person commits an offence if he knowingly or recklessly makes a false declaration under this section.
The Secretary of State may, after consulting the Commission and all registered parties, by order make provision for— to apply in relation to the specified election period in the case of one or more relevant elections with such modifications as are specified in the order.
sections 63 and 64, together with Schedule 6,
sections 65 and 66, and
section 147 so far as applying in relation to section 65(1) or (2),
In this section—
“specified election period”, in relation to a relevant election, means such period ending with the date of the poll for the election as may be specified in an order under subsection (1);
“relevant election” means—
an election to the European Parliament;
an election to the Scottish Parliament;
an election to the National Assembly for Wales; or
an election to the Northern Ireland Assembly.
This section applies where a person (“the donor”) has during the course of a calendar year made small donations to a registered party whose aggregate value is more than £5,000.
The donor must make a report to the Commission in respect of the donations which gives the following details—
the aggregate value of the donations and the year in which they were made;
the name of the registered party to whom they were made; and
the full name and address of the donor (if an individual) and (in any other case) such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.
The report must be delivered to the Commission by 31st January in the year following that in which the donations were made.
The report must, when delivered to the Commission, be accompanied by a declaration by the donor stating—
that small donations whose aggregate value was that specified in the report were made by him to the specified registered party during the specified year, and
that no other small donations were made by him to that party during that year.
A person commits an offence if—
he delivers a report under this section which does not comply with subsection (2); or
he fails to deliver such a report in accordance with subsection (3) or such a report, when delivered by him, is not accompanied by a declaration under subsection (4); or
he knowingly or recklessly makes a false declaration under that subsection.
In this section—
“small donation” means a donation whose value is not more than £200; and
“specified” means specified in the report in question.
The Commission shall maintain a register of all donations reported to them under this Chapter.
The register shall be maintained by the Commission in such form as they may determine and shall contain the following details in the case of each such donation—
the amount or value of the donation;
(subject to subsection (4)) such other details as have been given in relation to the donation in pursuance of paragraph 2, 3, 6 or 7(a) or (c) of Schedule 6; and
the relevant date for the donation within the meaning of paragraph 5 of that Schedule, and (in the case of a donation falling within sub-paragraph (2) of that paragraph) the details given in pursuance of that sub-paragraph.
In the case of any donations reported to them under section 68, the register shall (subject to subsection (4)) contain the details given in pursuance of subsection (2) of that section.
The details required by virtue of subsection (2) or (3) do not include, in the case of any donation by an individual, the donor’s address.
Where any donation or donations is or are reported to the Commission under this Chapter, they shall cause the details mentioned in subsection (2) or (3) to be entered in the register in respect of the donation or donations as soon as is reasonably practicable.
The Secretary of State may by order make provision—
for extending— the categories of permissible donors specified in section 54(2);
in relation to a Northern Ireland party, and
for such period as is specified,
for disapplying any specified provisions of this Part, for such period as is specified, in relation to a Northern Ireland party.
An order under subsection (1) may provide for any specified provisions of this Part to apply, in connection with any provision made by the order in pursuance of paragraph (a) or (b) of that subsection, with such modifications as may be specified.
Each order under subsection (1) shall be so made as to—
apply to every Northern Ireland party, and
make the same provision with respect to every such party.
Any period specified in an order under subsection (1)(a) or (b) must end not later than four years after the date on which the order comes into force, but this is without prejudice to the making (on one or more occasions) of a further such order which—
extends that period for a period ending not later than four years after the date on which the further order comes into force, or
specifies a fresh such period.
Where— section 54(2)(c) shall have effect in relation to the donation as if it referred only to a registered party which is registered in that register.
at a time when any order is in force under subsection (1) a donation is received by a registered party which is registered in the Great Britain register, and
the order provides for this subsection to apply to any such donation,
In this section—
“specified” means specified in an order under subsection (1).
Schedule 7, which makes provision for controlling donations to individual members of registered parties, associations of such members, and certain elected office holders, shall have effect.
The following provisions have effect for the purposes of this Part.
“Campaign expenditure”, in relation to a registered party, means (subject to subsection (7)) expenses incurred by or on behalf of the party which are expenses falling within Part I of Schedule 8 and so incurred for election purposes.
“Election campaign”, in relation to a registered party, means a campaign conducted by the party for election purposes.
“For election purposes”, in relation to a registered party, means for the purpose of or in connection with—
promoting or procuring electoral success for the party at any relevant election, that is to say, 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; or
otherwise enhancing the standing— with the electorate in connection with future relevant elections (whether imminent or otherwise).
of the party, or
of any such candidates,
For the purposes of subsection (4)—
the reference to doing any of the things mentioned in paragraph (a) or (as the case may be) paragraph (b) of that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates or (as the case may be) by prejudicing the standing with the electorate of other parties or candidates;
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; and
it is immaterial that any candidates standing in the name of the party also stand in the name of one or more other registered parties.
“Relevant election” has the same meaning as in Part II.
“Campaign expenditure” does not include anything which (in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election.
Where a registered party is a party with accounting units—
expenses incurred or to be incurred by or on behalf of any accounting unit of the party shall be regarded as expenses incurred or to be incurred by or on behalf of the party, and
references to campaign expenditure incurred or to be incurred by or on behalf of a registered party accordingly extend, in relation to the party, to expenses which constitute such expenditure by virtue of paragraph (a).
In this section “candidates” includes future candidates, whether identifiable or not.
Nothing in this Part applies in relation to expenses incurred or to be incurred by or on behalf of a minor party.
This section applies where, in the case of a registered party—
either—
property is transferred to the party free of charge or at a discount of more than 10 per cent. of its market value, or
property, services or facilities is or are provided for the use or benefit of the 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
the property, services or facilities is or are made use of by or on behalf of the party in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the party in respect of that use, they would be (or are) campaign expenditure incurred by or on behalf of the party.
Where this section applies, an amount of campaign expenditure determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part, as incurred by the 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 subsection (9).
Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either— as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
the market value of the property (where the property is transferred free of charge), or
the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the party in respect of the property (where the property is transferred at a discount),
Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either— as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).
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
the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the 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),
Where the services of an employee are made available by his employer for the use or benefit of a registered 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 or allowances payable to the employee by his employer in respect of the period for which his services are made available (but shall not include any amount in respect of contributions or other payments for which the employer is liable irespect of the employee).
Where an amount of campaign expenditure is treated, by virtue of subsection (2), as incurred by or on behalf of a party during any period the whole or part of which falls within any period which is, in relation to the party, a relevant campaign period for the purposes of section 80, then— unless that amount is not more than £200.
the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the party during the relevant campaign period, and
the treasurer or a deputy treasurer appointed under section 74 shall make a declaration of that amount,
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 relevant campaign period.
A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).
No amount of campaign expenditure shall be regarded as incurred by virtue of subsection (2) in respect of—
the transmission by a broadcaster of a party political broadcast;
any facilities provided in accordance with any right conferred on candidates or a party at an election by any enactment; or
the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
In subsections (1), (3), (4) and (5) any reference to anything done by or in relation to a registered party includes a reference to anything done by or in relation to any accounting unit of the party; and section 50(6) and (8)(a) shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to a registered party or to any such unit.
The treasurer of a registered party may appoint, on such terms as he may determine, one or more deputy treasurers of the party for the purposes of this Part, but not more than 12 persons may hold such appointments at the same time.
The appointment of a person as deputy treasurer of a party is effective for those purposes once the treasurer has given the Commission a notification of the appointment which—
contains the name of the person so appointed and the address of his office; and
is accompanied by a declaration of acceptance of office signed by that person.
A person is not, however, eligible to be appointed as deputy treasurer of a registered party if, at any time within the last five years, he has been convicted of any offence under this Act or of any other offence committed in connection with a relevant election within the meaning of Part II or a referendum within the meaning of Part VII.
A person commits an offence if he accepts the office of deputy treasurer of a registered party when, by virtue of subsection (3), he is not eligible to be so appointed.
Where a deputy treasurer of a registered party is convicted of an offence falling within subsection (3), his appointment as deputy treasurer shall terminate on the date of the conviction.
If, where the appointment of any deputy treasurer of a registered party has been notified to the Commission under subsection (2)— the treasurer of the party must notify the Commission of that fact within the appropriate period.
the deputy treasurer dies or his appointment terminates for any other reason, or
any change occurs in the address of his office,
In subsection (6) “the appropriate period” means— as the case may be.
the period of 14 days beginning with the date of the deputy treasurer’s death or the termination of his appointment, or
the period of 28 days beginning with the date when the change of address occurs,
The name of any deputy treasurer of a registered party and the address of his office, as notified to the Commission in accordance with this section, shall be included in the party’s entry in the Great Britain or Northern Ireland register.
Where the Commission receive a notification under subsection (6), they shall cause any change required as a consequence of the notification to be made in any such entry as soon as is reasonably practicable.
For the purposes of this Part—
the address of the treasurer of a registered party shall be regarded as being the registered address of the party; and
the address of any deputy treasurer of such a party shall be regarded as being the address for the time being registered in relation to him in accordance with subsection (8).
No campaign expenditure shall be incurred by or on behalf of a registered party unless it is incurred with the authority of—
the treasurer of the party,
a deputy treasurer of the party, or
a person authorised in writing by the treasurer or a deputy treasurer.
A person commits an offence if, without reasonable excuse, he incurs any expenses in contravention of subsection (1).
Where any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 79 to 83 or Schedule 9 as campaign expenditure incurred by or on behalf of the party.
No payment (of whatever nature) may be made in respect of any campaign expenditure incurred or to be incurred by or on behalf of a registered party unless it is made by—
the treasurer of the party,
a deputy treasurer of the party, or
a person authorised in writing by the treasurer or a deputy treasurer.
Any payment made in respect of any such expenditure by a person within any of paragraphs (a) to (c) of subsection (1) must be supported by an invoice or a receipt unless it is not more than £200.
Where a person within paragraph (b) or (c) of subsection (1) makes a payment to which subsection (2) applies, he must deliver to the treasurer— as soon as possible after making the payment.
notification that he has made the payment, and
the supporting invoice or receipt,
A person commits an offence if, without reasonable excuse—
he makes any payment in contravention of subsection (1), or
he contravenes subsection (3).
A claim for payment in respect of campaign expenditure incurred by or on behalf of a registered party during any period which is, in relation to the party, a relevant campaign period (within the meaning of section 80) shall not be payable if the claim is not sent to— not later than 21 days after the end of the relevant campaign period.
the treasurer or a deputy treasurer of the party, or
any other person authorised under section 75 to incur the expenditure,
Any claim sent in accordance with subsection (1) shall be paid not later than 42 days after the end of the relevant campaign period.
A person commits an offence if, without reasonable excuse—
he pays any claim which by virtue of subsection (1) is not payable, or
he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
In the case of any claim to which subsection (1) applies— may apply to the High Court or a county court or, in Scotland, to the Court of Session or the sheriff for leave for the claim to be paid although sent in after the end of the period mentioned in that subsection; and the court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
the person making the claim, or
the person with whose authority the expenditure in question was incurred,
Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.
Subsection (2) is without prejudice to any rights of a creditor of a registered party to obtain payment before the end of the period allowed under that subsection.
The jurisdiction conferred by subsection (4) on the Court of Session or the sheriff may be exercised in such manner as is prescribed by Act of Sederunt; and any order made by the sheriff by virtue of that subsection may be appealed to the Court of Session.
Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (4) as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
Where, in the case of any campaign expenditure, the period allowed under subsection (1) or (2) would (apart from this subsection) end on— the period instead ends on the first day following that day which is not one of those days.
a Saturday or Sunday or Christmas Eve, Christmas Day, Maundy Thursday or Good Friday,
a bank holiday, or
a day appointed for public thanksgiving or mourning,
In subsection (9)(b) “bank holiday” means a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in any part of the United Kingdom—
in which is situated the office of the treasurer, deputy treasurer or (as the case may be) other authorised person to whom the claim is sent pursuant to subsection (1); or
in which the person providing the property, services or facilities to which the expenditure relates conducts his business; or
(if he conducts his business in more than one part of the United Kingdom) in which is situated the office from which dealings relating to the expenditure were conducted.
This section applies where— and the claim is referred to in this section as “the disputed claim”.
a claim for payment in respect of campaign expenditure incurred by or on behalf of a registered party as mentioned in section 77(1) is sent to— within the period allowed under that provision; and
the treasurer of the party, or
any other person with whose authority it is alleged that the expenditure was incurred,
the treasurer or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 77(2);
The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 77(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
Subsections (4) to (8) of section 77 shall apply in relation to an application made by the person mentioned in subsection (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under section 77(1).
Schedule 9 has effect for imposing limits on campaign expenditure incurred by or on behalf of registered parties in England, Scotland, Wales or Northern Ireland during the periods specified in that Schedule.
Where, during the period in relation to which any such limit applies in relation to a registered party, any campaign expenditure is incurred by or on behalf of the party in excess of that limit—
the treasurer or any deputy treasurer of the party is guilty of an offence if—
he authorised the expenditure to be incurred by or on behalf of the party, and
he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit; and
the party is also guilty of an offence.
It shall be a defence for any person or registered party charged with an offence under subsection (2) to show—
that any code of practice for the time being issued under paragraph 3 of Schedule 8 was complied with in determining the items and amounts of campaign expenditure to be entered in the relevant return under section 80, and
that the limit would not have been exceeded on the basis of the items and amounts entered in that return.
Where— the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 80 to 83 and Schedule 9 as campaign expenditure incurred by or on behalf of the party during that period.
at any time before the beginning of any relevant campaign period (within the meaning of section 80), any expenses within section 72(2) are incurred by or on behalf of a registered party in respect of any property, services or facilities, but
the property, services or facilities is or are made use of by or on behalf of the party during the relevant campaign period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 72(2) have constituted campaign expenditure incurred by or on behalf of the party during that period,
For the purposes of subsection (4) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).
For the purposes of this section—
“the relevant campaign period”, in relation to any limit imposed by Schedule 9, is the period in relation to which the limit is so imposed; and
a part of the United Kingdom is a “relevant” part, in relation to any limit imposed by Schedule 9, if the limit applies to campaign expenditure which (within the meaning of that Schedule) is incurred in that part.
Where— the treasurer of the party shall prepare a return under this section in respect of campaign expenditure incurred by or on behalf of the party during that period in any relevant part or parts of the United Kingdom.
any limit imposed by Schedule 9 applies to campaign expenditure incurred by or on behalf of a registered party during the relevant campaign period, and
that period ends,
A return under this section must specify the poll for the relevant election (or, as the case may be, the polls for the relevant elections) that took place during the relevant campaign period, and must contain—
a statement of all payments made in respect of campaign expenditure incurred by or on behalf of the party during the relevant campaign period in the relevant part or parts of the United Kingdom;
a statement of all disputed claims (within the meaning of section 78) of which the treasurer is aware; and
a statement of all the unpaid claims (if any) of which the treasurer is aware in respect of which an application has been made, or is about to be made, to a court under section 77(4).
A return under this section must be accompanied by—
all invoices or receipts relating to the payments mentioned in subsection (3)(a); and
in the case of any campaign expenditure treated as incurred by the party by virtue of section 73, any declaration falling to be made with respect to that expenditure in accordance with section 73(6).
Where, however, any payments or claims falling to be dealt with in a return by virtue of subsection (3) have already been dealt with in an earlier return under this section—
it shall be sufficient for the later return to deal with those payments or claims by specifying overall amounts in respect of them; and
the requirement imposed by subsection (4) does not apply to any invoices, receipts or declarations which accompanied the earlier return and are specified as such in the later return.
The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
Where during a relevant campaign period the campaign expenditure incurred by or on behalf of a registered party in the relevant part or parts of the United Kingdom exceeds £250,000, a report must be prepared by a qualified auditor on the return prepared under section 80 in respect of that expenditure.
The following provisions, namely— shall apply in relation to the appointment of an auditor to prepare a report under subsection (1) or (as the case may be) an auditor so appointed as they apply in relation to the appointment of an auditor to carry out an audit under section 43 or (as the case may be) an auditor so appointed.
section 43(6) and (7), and
section 44,
Subsection (1) of section 80 applies for the purposes of this section as it applies for the purposes of section 80.
Where— the treasurer of the party shall deliver the return to the Commission, together with a copy of the auditor’s report, within six months of the end of the relevant campaign period.
any return falls to be prepared under section 80, and
an auditor’s report on it falls to be prepared under section 81(1),
In the case of any other return falling to be prepared under section 80, the treasurer of the party shall deliver the return to the Commission within three months of the end of the relevant campaign period.
Where, after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 77(4) for any claim to be paid, the treasurer of the party in question shall, within seven days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave.
The treasurer of a registered party commits an offence if, without reasonable excuse, he—
fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies;
delivers a return which does not comply with the requirements of section 80(3) or (4); or
fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
Each return under section 80 must, when delivered to the Commission, be accompanied by a declaration which complies with subsection (2) and is signed by the treasurer.
The declaration must state—
that the treasurer has examined the return in question; and
that to the best of his knowledge and belief—
it is a complete and correct return as required by law, and
all expenses shown in it as paid have been paid by him or a deputy treasurer of the party or a person authorised under section 76.
A person commits an offence if—
he knowingly or recklessly makes a false declaration under this section; or
subsection (1) is contravened at a time when he is treasurer of the registered party to which the return relates.
Where the Commission receive any return under section 80, they shall—
as soon as reasonably practicable after receiving the return, make a copy of the return, and of any documents accompanying it, available for public inspection; and
keep any such copy available for public inspection for the period for which the return or other document is kept by them.
At the end of the period of two years beginning with the date when any return or other document mentioned in subsection (1) is received by the Commission—
they may cause the return or other document to be destroyed; but
if requested to do so by the treasurer of the party concerned, they shall arrange for the return or other document to be returned to the treasurer.
The following provisions have effect for the purposes of this Part.
“Controlled expenditure”, in relation to a third party, means (subject to section 87) expenses incurred by or on behalf of the third party in connection with the production or publication of election material which is made available to the public at large or any section of the public (in whatever form and by whatever means).
“Election material” is material which can reasonably be regarded as intended to— and any such material is election material even though it can reasonably be regarded as intended to achieve any other purpose as well.
promote or procure electoral success at any relevant election for—
one or more particular registered parties,
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
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, or
otherwise enhance the standing— with the electorate in connection with future relevant elections (whether imminent or otherwise);
of any such party or parties, or
of any such candidates,
For the purposes of subsection (3)— and, for the purpose of determining whether any material is election material, it is immaterial that it does not expressly mention the name of any party or candidate.
the reference to electoral success at any relevant election is a reference—
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
in relation to candidates, to their return at any such election; and
the reference to doing any of the things mentioned in paragraph (a) or (as the case may be) paragraph (b) of that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates or (as the case may be) by prejudicing the standing with the electorate of other parties or candidates;
“Recognised third party” means a third party for the time being recognised under section 88 for the purposes of this Part.
“Relevant election” has the same meaning as in Part II.
“Responsible person”, in relation to a recognised third party, means—
if the third party is an individual, that individual;
if the third party is a registered party—
the treasurer of the party, or
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
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).
“Third party”, in relation to any relevant election, means—
any person or body other than a registered party; or
subject to subsection (9), any registered party.
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 subsection (3) to a registered party or registered parties or to any candidates does not include— as the case may be.
the party itself, or
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,
In this section “candidates” includes future candidates, whether identifiable or not.
This section applies where, in the case of a third party—
either—
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
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
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.
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.
Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either— as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
the market value of the property (where the property is transferred free of charge), or
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),
Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either— as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).
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
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),
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 irespect of the employee).
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— unless that amount is not more than £200.
the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the third party during the regulated period, and
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,
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.
A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).
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.
No amount of controlled expenditure shall be regarded as incurred by a third party by virtue of section 85 or 86 in respect of—
any of the matters mentioned in subsection (2); or
any property, services or facilities to the extent that the property, services or facilities is or are used in circumstances in which— in respect of that use.
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
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,
The matters mentioned in subsection (1)(a) are—
the publication of any matter relating to an election, other than an advertisement, in—
a newspaper or periodical,
a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or
a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996;
any reasonable personal expenses incurred by an individual in travelling or in providing for his accommodation or other personal needs; and
the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
A third party is recognised for the purposes of this Part if—
the third party has given the Commission a notification under this subsection which complies with subsection (3), and
that notification is for the time being in force.
A third party may only give a notification under subsection (1) if the third party is—
an individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)),
a registered party, or
a body falling within any of paragraphs (b) and (d) to (h) of section 54(2).
A notification under subsection (1) must—
if given by an individual, state— and be signed by him;
his full name, and
his home address in the United Kingdom, or (if he has no such address in the United Kingdom) his home address elsewhere,
if given by a registered party, state— and be signed by the responsible officers of the party (within the meaning of section 64); and
the party’s registered name,
the address of its registered headquarters, and
(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,
if given by a body falling within any of paragraphs (b) and (d) to (h) of section 54(2), state— and be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.
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
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,
Subject to the following provisions of this section, a notification under subsection (1) (“the original notification”)—
shall be in force as from the date on which it is received by the Commission, but
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.
Where— 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.
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
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,
A notification under subsection (4)(b) (“the renewal notification”) must either—
confirm that all the statements contained in the original notification, as it has effect for the time being, are accurate; or
indicate that any statement contained in that notification, as it so has effect, is replaced by some other statement conforming with subsection (3).
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.
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—
contained in the notification of alteration, and
conforming with subsection (3).
The Commission shall maintain a register of all notifications given to them under section 88(1) which are for the time being in force.
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.
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.
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.