Change 1 Article Choose an article Title and introductory text 1 Establishment of the Electoral Commission. 2 Speaker’s Committee. 3 Appointment of Electoral Commissioners and Commission chairman. 3A Four Electoral Commissioners to be persons put forward by parties 4 Parliamentary Parties Panel. 4A Strategy and policy statement 4B Duties in relation to statement 4C Consultation and procedural requirements 4D 5-yearly review and designation of statement 4E Power to revise statement 5 Reports on elections, referendums etc. 5A Further provision about reports on Welsh elections 6 Reviews of electoral and political matters. 6ZA Reviews of electoral and political matters: devolved Scottish elections 6ZA Reviews of devolved electoral matters in Wales 6A Attendance of representatives of Commission at elections etc. 6B Observation of working practices by representatives of Commission 6C Accredited observers: individuals 6D Accredited observers: organisations 6E Attendance and conduct of observers 6F Code of practice on attendance of observers at elections etc. 6G Code of practice on attendance of observers at Scottish Parliamentary elections and local government elections in Scotland 6G Code of practice on attendance of observers at devolved elections in Wales 6H Code of practice on expenditure of candidates at Scottish parliamentary elections 7 Commission to be consulted on changes to electoral law. 8 Powers with respect to elections exercisable only on Commission recommendation. 9 Involvement of Commission in changes in electoral procedures. 9A Setting of performance standards 9AA Performance standards for devolved elections and referendums in Wales 9AA Setting performance standards: devolved Scottish elections 9B Returns and reports on performance standards 9C Provision of information about expenditure on elections etc. 10 Giving of advice and assistance. 11 Broadcasters to have regard to Commission’s views on party political broadcasts. 12 Policy development grants. 13 Education about electoral and democratic systems. 13A Reimbursement of costs by Scottish Ministers etc. 13ZA Examination of duty to have regard to strategy and policy statement 14 Boundary committees. 15 Deputy Electoral Commissioners. 16 Transfer of functions of Boundary Commissions. 18 Transfer of functions of Local Government Commission for England. 19 Transfer of functions of Local Government Boundary Commission for Scotland. 20 Transfer of functions of Local Government Boundary Commission for Wales. 20A Commission as CORE keeper 21 Interpretation of Part I. 22 Parties to be registered in order to field candidates at elections. 23 The new registers. 24 Office-holders to be registered. 25 Parties with campaigns officers. 26 Financial structure of registered party: adoption of scheme. 27 Financial structure of registered party: accounting units. 28 Registration of parties. 28A Descriptions 28B Joint descriptions 29 Emblems. 30 Changes to the register. 31 Notification of changes in party’s officers etc. 32 Confirmation of registered particulars etc. 33 Party ceasing to be registered. 34 Registration of minor parties. 35 Request by Secretary of State. 36 Assistance by Commission for existing registered parties. 37 Party political broadcasts. 38 Amendment of parliamentary elections rules. 39 False statements: offence. 40 Interpretation of Part II. 41 Duty to keep accounting records. 42 Annual statements of accounts. 43 Annual audits. 44 Supplementary provisions about auditors. 45 Delivery of statements of accounts etc. to Commission. 46 Public inspection of parties’ statements of accounts. 47 Criminal penalty for failure to submit proper statement of accounts. 48 Revision of defective statements of accounts. 49 Division of responsibilities in case of party with accounting units. 50 Donations for purposes of Part IV. 51 Sponsorship. 52 Payments, services etc. not to be regarded as donations. 53 Value of donations. 54 Permissible donors. 55 Payments etc. which are (or are not) to be treated as donations by permissible donors. 56 Acceptance or return of donations: general. 57 Return of donations where donor unidentifiable. 57A Additional limit on Gibraltar donations to UK parties 58 Forfeiture of donations made by impermissible or unidentifiable donors. 59 Appeal against order under section 58. 60 Supplementary provisions about orders under section 58. 61 Offences concerned with evasion of restrictions on donations. 62 Quarterly donation reports. 62A Exemption from requirement to prepare quarterly reports 63 Weekly donation reports during general election periods. 64 Exemptions from section 63. 65 Submission of donation reports to Commission. 66 Declaration by treasurer in donation report. 67 Weekly donation reports in connection with elections other than general elections. 68 Reporting of multiple small donations. 69 Register of recordable donations. 70 Special provision for Northern Ireland parties. 71 Control of donations to individuals and members associations. 71A Introduction 71B Extension of categories of permissible donors in relation to Northern Ireland recipients 71C Northern Ireland recipients not permissible donors in relation to Great Britain 71D Duty to verify donation reports 71E Duty not to disclose contents of donation reports 71F Regulated transactions 71G Valuation of regulated transaction 71GA Prohibition on increase in value of Gibraltar regulated transaction following European parliamentary election 71H Authorised participants 71HA Financial limit on Gibraltar donations and Gibraltar regulated transactions 71I Regulated transaction involving unauthorised participant 71J Guarantees and securities: unauthorised participants 71K Transfer to unauthorised participant invalid 71L Offences relating to regulated transactions 71M Quarterly reports of regulated transactions 71N Changes to be recorded in quarterly reports 71O Existing transactions 71P Exemption from requirement to prepare quarterly reports 71Q Weekly transaction reports during general election periods 71R Exemptions from section 71Q 71S Submission of transaction reports to Commission 71T Declaration by treasurer in transaction report 71U Weekly donation reports in connection with elections other than general elections 71V Register of recordable transactions 71W Proceedings under sections 71I and 71S 71X Construction of Part 4A 71Y Control of loans etc: individuals and members associations 71Z Introduction 71Z1 Extension of categories of authorised participants in relation to Northern Ireland participants 71Z2 Northern Ireland participants are not authorised participants in relation to Great Britain 71Z3 Duty to verify transaction reports 71Z4 Duty not to disclose contents of transaction reports 72 Campaign expenditure. 72A Campaign expenditure: power of Scottish Ministers 73 Notional campaign expenditure. 74 Officers of registered party with responsibility for campaign expenditure. 75 Restriction on incurring campaign expenditure. 76 Restriction on payments in respect of campaign expenditure. 77 Restriction on making claims in respect of campaign expenditure. 78 Disputed claims. 79 Limits on campaign expenditure. 80 Returns as to campaign expenditure. 81 Auditor’s report on return. 82 Delivery of returns to the Commission. 83 Declaration by treasurer as to return under section 80. 84 Public inspection of returns under section 80. 85 Controlled expenditure by third parties. 85A Controlled expenditure of third parties: power of Scottish Ministers 86 Notional controlled expenditure. 87 Expenditure by third parties which is not controlled expenditure. 88 Third parties recognised for the purposes of this Part. 89 Register of notifications for purposes of section 88. 89A Restriction on which third parties may incur controlled expenditure 89B Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections 90 Restriction on incurring controlled expenditure. 91 Restriction on payments in respect of controlled expenditure. 92 Restriction on making claims in respect of controlled expenditure. 93 Disputed claims. 94 Limits on controlled expenditure by third parties. 94A Arrangements between third parties notified to the Commission 94B Effect where arrangements are notified under section 94A 94C Overview of sections 94D to 94H 94D Meaning of “targeted”, “targeted expenditure limit” etc 94E Unauthorised expenditure in excess of targeted expenditure limit 94F Authorised expenditure in excess of targeted expenditure limit 94G Authorisation 94H Expenditure that “exceeds” a targeted expenditure limit or cap 95 Control of donations to recognised third parties. 95ZA Control of donation to recognised third parties: power of Scottish Ministers 95A Quarterly donation reports 95B Weekly donation reports during general election periods 95C Related offences 95D Forfeiture 95E Sections 95A to 95D: supplementary 95F Public inspection of reports 96 Returns as to controlled expenditure. 96A Statement of accounts 97 Auditor’s report on return or statement of accounts . 98 Delivery of returns to the Commission. 99 Declaration by responsible person as to return under section 96. 99A Declaration by responsible person as to statement of accounts under section 96A 100 Public inspection of returns under section 96. 100A Code of practice on controlled expenditure 100AA Code of practice on controlled expenditure: Scottish Parliament elections 100B Code of practice: consultation and procedural requirements 100BA Code of Practice on controlled expenditure for Scottish Parliament elections: consultation and procedural requirements 100C Code of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections 101 Referendums to which this Part applies. 102 Referendum period. 103 Date of poll. 104 Referendum questions. 105 Permitted participants. 106 Declarations and notifications for purposes of section 105. 107 Register of declarations and notifications for purposes of section 105. 108 Designation of organisations to whom assistance is available. 109 Applications for designation under section 108. 110 Assistance available to designated organisations. 111 Referendum expenses. 112 Notional referendum expenses. 113 Restriction on incurring referendum expenses. 114 Restriction on payments in respect of referendum expenses. 115 Restriction on making claims in respect of referendum expenses. 116 Disputed claims. 117 General restriction on referendum expenses. 118 Special restrictions on referendum expenses by permitted participants. 119 Control of donations to permitted participants. 120 Returns as to referendum expenses. 121 Auditor’s report on return. 122 Delivery of returns to Commission. 123 Declaration of responsible person as to return under section 120. 124 Public inspection of returns under section 120. 125 Restriction on publication etc. of promotional material by central and local government etc. 126 Details to appear on referendum material. 127 Referendum campaign broadcasts. 128 Chief Counting Officers, and counting officers, for referendums. 129 Orders regulating conduct of referendums. 130 Control of donations to candidates. 131 Election expenses incurred otherwise than by candidate. 132 Financial limits applying to candidates’ election expenses. 133 Power to vary provisions about election expenses. 134 Meaning of “election expenses”. 135 Meaning of “candidate”. 136 Corrupt and illegal practices: consequences for persons convicted of such practices. 137 Corrupt and illegal practices: election petitions etc. 138 Election campaigns and proceedings: miscellaneous amendments. 139 Control of political donations by companies. 140 Disclosure of political donations and expenditure in directors’ report. 140A Reports of gifts received by unincorporated associations 141 Reduction of qualifying period for overseas electors. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Details to appear on election material. 143A Meaning of “election material” 144 Broadcasting of local items during election period. 145 Duties of Commission with respect to ... compliance with controls imposed by the Act etc. 146 Investigatory powers of Commission 147 Civil sanctions 148 General offences. 149 Inspection of Commission’s registers etc. 149A Inspection of Commission’s registers etc.: Northern Ireland 150 Punishment of offences. 151 Summary proceedings. 152 Offences committed by bodies corporate. 153 Offences committed by unincorporated associations. 154 Duty of court to report convictions to Commission. 155 Power to vary specified sums or percentages . 156 Orders and regulations. 157 Documents for purposes of the Act. 158 Minor and consequential amendments and repeals. 159 Financial provisions. 159A Functions of the Minister for the Cabinet Office 160 General interpretation. 161 Interpretation: donations. 162 Interpretation: exempt trust donations. 163 Short title, commencement, transitional provisions and extent. SCHEDULE 1 The Electoral Commission SCHEDULE 2 The Speaker’s Committee SCHEDULE 4 Applications under Part II SCHEDULE 5 Accounting units: application of accounting requirements SCHEDULE 6 Details to be given in donation reports SCHEDULE 6A Details to be given in transaction reports SCHEDULE 7 Control of donations to individuals and members associations SCHEDULE 7A Control of loans etc to individuals and members associations SCHEDULE 8 Campaign expenditure: qualifying expenses SCHEDULE 8A Controlled expenditure: qualifying expenses SCHEDULE 9 Limits on campaign expenditure SCHEDULE 10 Limits on controlled expenditure SCHEDULE 11 Control of donations to recognised third parties SCHEDULE 11A Requirements of quarterly and weekly donation reports SCHEDULE 12 Assistance available to designated organisations SCHEDULE 13 Referendum expenses: qualifying expenses SCHEDULE 14 SCHEDULE 15 Control of donations to permitted participants SCHEDULE 16 Control of donations to candidates: New Schedule 2A to the Representation of the People Act 1983 SCHEDULE 17 Amendments relating to election petitions SCHEDULE 18 Election campaigns and proceedings: miscellaneous amendments SCHEDULE 19 SCHEDULE 19A Reports of gifts received by unincorporated associations making political contributions SCHEDULE 19B Investigatory powers of Commission SCHEDULE 19C Civil sanctions SCHEDULE 20 Penalties SCHEDULE 21 Minor and consequential amendments SCHEDULE 22 Repeals SCHEDULE 23 Transitional provisions
What to do with it
As published
94E Unauthorised expenditure in excess of targeted expenditure limit
(1) This section applies if—
(a) controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),
(b) the expenditure exceeds a targeted expenditure limit (to any extent), and
(c) at the time the expenditure is incurred—
(i) the third party is not authorised by the registered party to incur expenditure targeted at it, or
(ii) the third party is so authorised, but the expenditure exceeds a cap specified in the authorisation (to any extent).
(2) If the third party is not an individual—
(a) the responsible person is guilty of an offence if the person authorised the expenditure to be incurred by or on behalf of the third party and the person knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit, and
(b) the third party is also guilty of an offence.
(3) If the third party is an individual, the third party is guilty of an offence if the third party knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit.
(4) It is a defence for a third party charged with an offence under subsection (2) or (3) to show—
(a) that any code of practice for the time being issued under paragraph 3 of Schedule 8A was complied with in determining whether any expenditure is controlled expenditure for the purposes of this Part, and
(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.
Your wording
Your change, as a redline
94E Unauthorised expenditure in excess of targeted expenditure limit
(1) This section applies if—
(a) controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),
(b) the expenditure exceeds a targeted expenditure limit (to any extent), and
(c) at the time the expenditure is incurred—
(i) the third party is not authorised by the registered party to incur expenditure targeted at it, or
(ii) the third party is so authorised, but the expenditure exceeds a cap specified in the authorisation (to any extent).
(2) If the third party is not an individual—
(a) the responsible person is guilty of an offence if the person authorised the expenditure to be incurred by or on behalf of the third party and the person knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit, and
(b) the third party is also guilty of an offence.
(3) If the third party is an individual, the third party is guilty of an offence if the third party knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit.
(4) It is a defence for a third party charged with an offence under subsection (2) or (3) to show—
(a) that any code of practice for the time being issued under paragraph 3 of Schedule 8A was complied with in determining whether any expenditure is controlled expenditure for the purposes of this Part, and
(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.