(1) No amount of referendum expenses shall be incurred by or on behalf of a permitted participant unless it is incurred with the authority of—
(a) the responsible person; or
(b) a person authorised in writing by the responsible person.
(2) A person commits an offence if, without reasonable excuse, he incurs any expenses in contravention of subsection (1).
(3) Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 117 to 123 or Schedule 14 as referendum expenses incurred by or on behalf of the permitted participant.
114 Restriction on payments in respect of referendum expenses.
(1) No payment (of whatever nature) may be made in respect of any referendum expenses incurred or to be incurred by or on behalf of a permitted participant unless it is made by—
(a) the responsible person, or
(b) a person authorised in writing by the responsible person.
(2) Any payment made in respect of any such expenses by a person within paragraph (a) or (b) of subsection (1) must be supported by an invoice or a receipt unless it is not more than £200.
(3) Where a person within paragraph (b) of subsection (1) makes a payment to which subsection (2) applies, he must deliver to the responsible person—
(a) notification that he has made the payment, and
(b) the supporting invoice or receipt,
as soon as possible after making the payment.
(4) A person commits an offence if, without reasonable excuse—
(a) he makes any payment in contravention of subsection (1), or
(b) he contravenes subsection (3).
115 Restriction on making claims in respect of referendum expenses.
(1) A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant during a referendum period shall not be payable if the claim is not sent to—
(a) the responsible person, or
(b) any other person authorised under section 113 to incur the expenses,
not later than 30 days after the end of the referendum period.
(2) Any claim sent in accordance with subsection (1) shall be paid not later than 60 days after the end of the referendum period.
(3) A person commits an offence if, without reasonable excuse—
(a) he pays any claim which by virtue of subsection (1) is not payable, or
(b) he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
(4) In the case of any claim to which subsection (1) applies—
(a) the person making the claim, or
(b) the person with whose authority the expenses in question were incurred,
may apply in England and Wales to the High Court or the county court or, in Northern Ireland, 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.
(5) Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.
(6) Subsection (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that subsection.
(7) Subsections (7) to (10) of section 77 shall apply for the purposes of this section as if—
(a) any reference to subsection (1), (2) or (4) of that section were a reference to subsection (1), (2) or (4) above; and
(b) any reference to campaign expenditure were a reference to referendum expenses; and
(c) any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant.
(1) This section applies where—
(a) a claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant as mentioned in section 115(1) is sent to—
(i) the responsible person, or
(ii) any other person with whose authority it is alleged that the expenditure was incurred,
within the period allowed under that provision; and
(b) the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 115(2);
and the claim is referred to in this section as “the disputed claim”.
(2) The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 115(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
(3) For the purposes of this section—
(a) subsections (4) and (5) of section 115 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 115(1); and
(b) subsections (7) and (8) of section 77 shall apply as if any reference to subsection (4) of that section were a reference to section 115(4) as applied by paragraph (a) above.
(1) The total referendum expenses incurred by or on behalf of any individual or body during the referendum period in the case of a particular referendum to which this Part applies must not exceed £10,000 unless the individual or body is a permitted participant.
(2) Where—
(a) during the referendum period any referendum expenses are incurred by or on behalf of any individual in excess of the limit imposed by subsection (1), and
(b) he is not a permitted participant,
he is guilty of an offence if he knew, or ought reasonably to have known, that the expenses were being incurred in excess of that limit.
(3) Where—
(a) during the referendum period any referendum expenses are incurred by or on behalf of any body in excess of the limit imposed by subsection (1), and
(b) the body is not a permitted participant,
any person who authorised the expenses to be incurred by or on behalf of the body is guilty of an offence if he knew, or ought reasonably to have known, that the expenses would be incurred in excess of that limit.
(4) Where subsection (3)(a) and (b) apply, the body in question is also guilty of an offence.
(5) Where—
(a) at any time before the beginning of any referendum period, any expenses within section 111(2) are incurred by or on behalf of an individual or body in respect of any property, services or facilities, but
(b) the property, services or facilities is or are made use of by or on behalf of the individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 111(2) have constituted referendum expenses incurred by or on behalf of the individual or body during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section as referendum expenses incurred by or on behalf of the individual or body during that period.
(6) For the purposes of subsection (5) 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).
118 Special restrictions on referendum expenses by permitted participants.
(1) Schedule 14 has effect for imposing, in connection with a referendum to which this Part applies, limits on referendum expenses incurred by or on behalf of permitted participants during the referendum period in the case of that referendum.
(2) Where any referendum expenses are incurred by or on behalf of a permitted participant during any such period in excess of any limit imposed by Schedule 14, then—
(a) if the permitted participant is a registered party falling within section 105(1)(a)—
(i) the responsible person or any deputy treasurer of the party is guilty of an offence if he authorised the expenses to be incurred by or on behalf of the party and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and
(ii) the party is also guilty of an offence;
(b) if the permitted participant is an individual falling within section 105(1)(b), that individual is guilty of an offence if he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit;
(c) if the permitted participant is a body falling within section 105(1)(b)—
(i) the responsible person is guilty of an offence if he authorised the expenses to be incurred by or on behalf of the body and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and
(ii) the body is also guilty of an offence.
(3) It shall be a defence for a permitted participant or other person charged with an offence under subsection (2) to show—
(a) that any code of practice for the time being issued under paragraph 3 of Schedule 13 was complied with in determining the items and amounts of referendum expenses to be entered in the relevant return under section 120, and
(b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.
(4) Section 117(5) and (6) shall apply, for the purposes of this section, sections 120 to 123 and Schedule 14, in relation to an individual or body that has become a permitted participant as they apply for the purposes of section 117 in relation to an individual or body that is not a permitted participant.
(5) For the purposes of this section and sections 120 to 123 and Schedule 14, any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant.
(1) Where—
(a) any referendum expenses are incurred by or on behalf of a permitted participant during any referendum period (within the meaning of section 102), and
(b) that period ends,
the responsible person shall make a return under this section in respect of the referendum expenses incurred by or on behalf of the permitted participant during that period.
(2) A return under this section must specify the referendum to which the expenditure relates and must contain—
(a) a statement of all payments made in respect of referendum expenses incurred by or on behalf of the permitted participant during the referendum period in question;
(b) a statement of all disputed claims (within the meaning of section 116);
(c) a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to a court under section 115(4); and
(d) in a case where the permitted participant either is not a registered party or is a minor party, a statement of relevant donations received in respect of the referendum which complies with the requirements of paragraphs 10 and 11 of Schedule 15.
(3) A return under this section must be accompanied by—
(a) all invoices or receipts relating to the payments mentioned in subsection (2)(a); and
(b) in the case of any referendum expenses treated as incurred by virtue of section 112, any declaration falling to be made with respect to those expenses in accordance with section 112(6).
(4) Subsections (2) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time.
(5) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
(6) In this section “relevant donation” has the same meaning as in Schedule 15.
(1) Where during any referendum period the referendum expenses incurred by or on behalf of a permitted participant exceed £250,000, a report must be prepared by a qualified auditor on the return prepared under section 120 in respect of those expenses.
(2) The following provisions, namely—
(a) section 43(6) and (7), and
(b) section 44,
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.
(1) Where—
(a) any return falls to be prepared under section 120 in respect of referendum expenses incurred by or on behalf of a permitted participant, and
(b) an auditor’s report on it falls to be prepared under section 121(1),
the responsible person 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 referendum period.
(2) In the case of any other return falling to be prepared under section 120, the responsible person shall deliver the return to the Commission within three months of the end of the relevant referendum period.
(3) Where after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 115(4) for any claim to be paid, the responsible person 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 court order giving the leave.
(4) The responsible person commits an offence if, without reasonable excuse, he—
(a) fails to comply with the requirements of subsection (1) or (2) in relation to a return under section 120;
(b) delivers a return which does not comply with the requirements of section 120(2) or (3); or
(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
123 Declaration of responsible person as to return under section 120.
(1) Each return prepared under section 120 in respect of referendum expenses incurred by or on behalf of a permitted participant must be accompanied by a declaration which complies with subsection (2) and is signed by the responsible person.
(2) The declaration must state—
(a) that the responsible person has examined the return in question;
(b) that to the best of his knowledge and belief—
(i) it is a complete and correct return as required by law, and
(ii) all expenses shown in it as paid have been paid by him or a person authorised by him.
(3) The declaration must also state, in a case where the permitted participant either is not a registered party or is a minor party, that—
(a) all relevant donations recorded in the return as having been accepted by the permitted participant are from permissible donors, and
(b) no other relevant donations have been accepted by the permitted participant.
(4) A person commits an offence if—
(a) he knowingly or recklessly makes a false declaration under this section; or
(b) subsection (1) is contravened at a time when he is the responsible person in the case of the permitted participant to which the return relates.
(5) In this section “relevant donation” has the same meaning as in Schedule 15.
124 Public inspection of returns under section 120.
(1) Where the Commission receive any return under section 120 they shall—
(a) as soon as reasonably practicable after receiving the return, make a copy of the return and of the documents accompanying it available for public inspection; and
(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.
(2) If the return contains a statement of relevant donations in accordance with section 120(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include, in the case of any donation by an individual, the donor’s address.
(3) 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—
(a) they may cause the return or other document to be destroyed; but
(b) if requested to do so by the responsible person in the case of the permitted participant concerned, they shall arrange for the return or other document to be returned to that person.
125 Restriction on publication etc. of promotional material by central and local government etc.
(1) This section applies to any material which—
(a) provides general information about a referendum to which this Part applies;
(b) deals with any of the issues raised by any question on which such a referendum is being held;
(c) puts any arguments for or against any particular answer to any such question; or
(d) is designed to encourage voting at such a referendum.
(2) Subject to subsection (3), no material to which this section applies shall be published during the relevant period by or on behalf of—
(a) any Minister of the Crown, government department or local authority; or
(b) any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.
(3) Subsection (2) does not apply to—
(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it;
(b) anything done by or on behalf of the Commission or a person or body designated under section 108 (designation of organisations to whom assistance is available);
(c) the publication of information relating to the holding of the poll; or
(d) the issue of press notices;
and subsection (2)(b) shall not be taken as applying to the British Broadcasting Corporation or Sianel Pedwar Cymru.
(4) In this section—
(a) “publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “publication” shall be construed accordingly);
(b) “the relevant period”, in relation to a referendum, means the period of 28 days ending with the date of the poll.
(1) No material wholly or mainly relating to a referendum to which this Part applies shall be published during the referendum period unless—
(a) in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or
(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.
(2) For the purposes of subsections (3) to (5) the following details are “the relevant details” in the case of any material falling within subsection (1)(a), namely—
(a) the name and address of the printer of the document;
(b) the name and address of the promoter of the material; and
(c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
(3) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
(4) Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.
(5) Where the material is an advertisement contained in a newspaper or periodical—
(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
(b) the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.
(6) The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely—
(a) the name and address of the promoter of the material; and
(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
(7) Regulations under subsection (6) may in particular specify—
(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
(b) circumstances in which—
(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or
(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
(8) Where during the referendum period any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))—
(a) the promoter of the material,
(b) any other person by whom the material is so published, and
(c) the printer of the document,
shall be guilty of an offence.
(9) Where during the referendum period any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))—
(a) the promoter of the material, and
(b) any other person by whom the material is so published,
shall be guilty of an offence.
(10) It shall be a defence for a person charged with an offence under this section to prove—
(a) that the contravention of subsection (1) arose from circumstances beyond his control; and
(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
(10A) Subsection (1) does not apply to any material published for the purposes of a referendum if the publication is required under or by virtue of any enactment.
(11) In this section—
“print” means print by whatever means, and “printer” shall be construed accordingly;
“the promoter”, in relation to any material falling within subsection (1), means the person causing the material to be published;
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
(1) A broadcaster shall not include in its broadcasting services any referendum campaign broadcast made on behalf of any person or body other than one designated in respect of the referendum in question under section 108.
(2) In this section “referendum campaign broadcast” means any broadcast whose purpose (or main purpose) is or may reasonably be assumed to be—
(a) to further any campaign conducted with a view to promoting or procuring a particular outcome in relation to any question asked in a referendum to which this Part applies, or
(b) otherwise to promote or procure any such outcome.
128 Chief Counting Officers, and counting officers, for referendums.
(1) This section has effect in relation to any referendum to which this Part applies.
(2) There shall be a Chief Counting Officer for the referendum, who (subject to subsection (8)) shall be—
(a) the chairman of the Commission, or
(b) if the chairman of the Commission appoints some other person to act as Chief Counting Officer for the referendum, the person so appointed.
(3) The Chief Counting Officer for the referendum shall appoint a counting officer for each relevant area in Great Britain.
(4) The local authority in the case of each such area shall place the services of their officers at the disposal of the counting officer for the area for the purpose of assisting him in the discharge of his functions.
(5) Each counting officer shall, as respects the votes cast in the area for which he is appointed, certify—
(a) the number of ballot papers counted by him, and
(b) the number of votes cast in favour of each answer to a question asked in the referendum.
(6) The Chief Counting Officer shall certify—
(a) the total number of ballot papers counted, and
(b) the total number of votes cast in favour of each answer to a question asked in the referendum,
in the whole of the referendum area.
(7) Where two or more forms of ballot paper are used in the referendum, a separate number shall be certified under subsection (5)(a) or (6)(a) in relation to each form of ballot paper so used.
(8) Where the referendum is held in Northern Ireland, the Chief Electoral Officer for Northern Ireland—
(a) shall be the Chief Counting Officer for the referendum if it is held only in Northern Ireland, and
(b) in any other case shall be treated, for the purposes of subsection (5), as if he were a counting officer appointed under this section for the whole of Northern Ireland.
(9) In this section—
(a) “relevant area in Great Britain” means any of the following—
(i) a district in England or a London borough,
(ii) the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly,
(iii) a local government area in Scotland, or
(iv) a county or county borough in Wales,
where it is comprised in the referendum area;
(b) “the local authority”—
(i) in the case of an area falling within paragraph (a)(i), (iii) or (iv), means the council for that area, and
(ii) in the case of an area falling within paragraph (a)(ii), means the Common Council of the City of London, the Council of the Isle of Wight or the Council of the Isles of Scilly, as the case may be;
(c) “the referendum area” means the parts or part of the United Kingdom, or (as the case may be) the region in England, throughout which the referendum is held as mentioned in section 101(1).
(1) The Secretary of State may by order make such provision as he considers expedient for or in connection with regulating the conduct of referendums to which this Part applies.
(2) An order under this section may, in particular—
(a) make provision for the creation of offences;
(b) apply (with or without modification) any provision of any enactment;
and different provision may be made under this section in relation to different parts of the United Kingdom.
(3) An order under this section shall not apply in relation to any referendum in relation to which specific provision is made by any other enactment for or in connection with regulating any matters relating to the conduct of the referendum, except to such extent (if any) as may be provided by that enactment.
(4) Before making an order under this section the Secretary of State shall consult the Commission.
(1) The Representation of the People Act 1983 shall be amended as follows.
(2) After section 71 there shall be inserted—
Donations to candidates
Control of donations to candidates.
71A (1) In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—
(a) by any person other than the candidate or his election agent, and
(b) for the purpose of meeting election expenses incurred by or on behalf of the candidate,
must be provided to the candidate or his election agent.
(2) Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).
(3) A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.
(4) Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.
(5) In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.
(3) The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 Election expenses incurred otherwise than by candidate.
(1) Section 75 of the Representation of the People Act 1983 (no election expenses to be incurred by persons other than candidate, election agent or persons authorised by him) shall be amended as follows.
(2) In subsection (1)(ii) (exception for expenses not exceeding £5 in aggregate incurred by individual backer or disparager), for “not exceeding in the aggregate the sum of £5 which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others,” there shall be substituted “ incurred by any person which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), ”.
(3) After subsection (1) there shall be inserted—
(1ZA) For the purposes of subsection (1)(ii) above, “the permitted sum” means—
(a) in respect of a candidate at a parliamentary election, £500;
(b) in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;
and expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (1)(ii)) fall within subsection (1) above.
(4) At the end of subsection (1A) there shall be added “; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party.”
(5) Subsections (1B) and (1C) (special provision for Greater London Authority elections) shall be omitted.
132 Financial limits applying to candidates’ election expenses.
(1) Section 76 of the Representation of the People Act 1983 (limitation of election expenses) shall be amended as follows.
(2) For subsection (1) there shall be substituted—
(1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.
(3) In subsection (1A) for the words from “subsection” onwards there shall be substituted “ any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d). ”
(4) After subsection (1A) there shall be inserted—
(1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) above or prescribed by order under subsection (2A) above, any candidate or election agent who—
(a) incurred, or authorised the incurring of, the election expenses, and
(b) knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
shall be guilty of an illegal practice.
(5) In subsection (2), for paragraph (aa) (maximum amount in case of candidate at parliamentary by-election) there shall be substituted—
(aa) for a candidate at a parliamentary by-election, £100,000;
.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133 Power to vary provisions about election expenses.
(1) For section 76A of the Representation of the People Act 1983 there shall be substituted—
Power to vary provisions about election expenses.
76A (1) The Secretary of State may by order made by statutory instrument vary any of the sums to which this section applies—
(a) where he considers that the variation is expedient in consequence of changes in the value of money, or
(b) in order to give effect to a recommendation of the Electoral Commission.
(2) This section applies to any of the sums for the time being specified in—
(a) section 73(2) above;
(b) section 74(1)(a), (b), (c) or (d) above;
(c) section 75(1ZA) above; or
(d) section 76(2) above.
(3) An order under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Section 76A of that Act, as substituted by subsection (1) above, shall be taken to be a pre-commencement enactment for the purposes of the Scotland Act 1998.
(1) After section 90 of the Representation of the People Act 1983 there shall be inserted—
Meaning of “election expenses”.
90A (1) In this Part of this Act “election expenses”, in relation to a candidate at an election, means (subject to subsections (2) and (3) and sections 90B and 90C below) any expenses incurred in respect of—
(a) the acquisition or use of any property, or
(b) the provision by any person of any goods, services or facilities,
which is or are used for the purposes of the candidate’s election after the date when he becomes a candidate at the election.
(2) Subsection (1) above applies whether the expenses are incurred before or after that date.
(3) No election expenses shall be regarded as incurred, by virtue of subsection (1) or (2) above or sections 90B and 90C below, in respect of—
(a) the payment of any deposit required by rule 9 of Schedule 1 to this Act;
(b) the publication of any matter, other than an advertisement, relating to the election in—
(i) a newspaper or periodical,
(ii) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or
(iii) 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;
(c) the provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) below;
(d) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
(4) In this section and in sections 90B and 90C below “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.
(5) For the purposes of this Part of this Act—
(a) election expenses are incurred by or on behalf of a candidate at an election if they are incurred—
(i) by the candidate or his election agent, or
(ii) by any person authorised by the candidate or his election agent to incur the expenses; and
(b) any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses which are incurred as mentioned in paragraph (a)(i) or (ii) above before the date when he becomes a candidate at the election but which by virtue of subsection (1) and (2) above fall to be regarded as election expenses.
(6) In this Part, and in Part III of this Act, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.
Incurring of election expenses for purposes of section 90A.
90B (1) The election expenses which are to be regarded as incurred for the purposes of section 90A(1) above shall (subject to subsection (2) and section 90C below) be the actual expenses incurred in respect of the acquisition or use of the property, or (as the case may be) the provision of the goods, services or facilities mentioned in section 90A(1).
(2) Where the property, goods, services or facilities mentioned in subsection (1) above is or are not used exclusively for the purposes of the candidate’s election, the election expenses to be regarded as incurred for the purposes of section 90A(1) shall be such proportion of the expenses incurred in respect of their acquisition, use or provision (as the case may be) as is reasonably attributable to the use of the property or (as the case may be) the goods, services or facilities for the purposes of the candidate’s election.
Property, goods, services etc. provided free of charge or at a discount.
90C (1) This section applies where, in the case of a candidate at an election—
(a) either—
(i) property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or
(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate 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 goods, services or facilities, and
(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.
(2) Where this section applies—
(a) an amount of election expenses determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and
(b) the candidate’s election agent shall make a declaration of that amount,
unless that amount is not more than £50.
This subsection has effect subject to section 90A(3) above.
(3) Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either—
(a) the market value of the property or goods (where the property or goods is or are transferred free of charge), or
(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.
(4) Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either—
(a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or
(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.
(5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this section 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 in respect of the employee).
(6) In this section “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent.
Modification of sections 90A to 90C in relation to election of London members of the London Assembly.
90D (1) Sections 90A to 90C above shall have effect, in their application in relation to candidates at an election of London members of the London Assembly at an ordinary election, subject to the following modifications.
(2) In relation to any such candidates included in a list of candidates submitted by a registered political party in connection with the election—
(a) references to anything done by or on behalf of, or in relation to, a candidate at the election shall be construed as a reference to any such thing done by or on behalf of, or in relation to, all or any of the candidates on the list; and
(b) “for the purposes of the candidate’s election” shall (instead of having the meaning given by section 90A(4) above) be construed as meaning with a view to, or otherwise in connection with promoting or procuring electoral success for the party, that is to say, the return at the election of all or any of the candidates on the list.
(3) Section 90A above shall have effect with the substitution of the following subsection for subsection (5)— “
(5) In this Part, and in Part III of this Act, any reference (in whatever form) to promoting or procuring a candidate’s election at an election, or to promoting or procuring electoral success for a party, includes doing so by prejudicing the electoral prospects of other candidates or parties at the election. ”
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In section 118 of the Representation of the People Act 1983 (interpretation of Part II), for the definition of “candidate” there shall be substituted—
“candidate” shall be construed in accordance with section 118A below;
.
(2) After section 118 of that Act there shall be inserted—
Meaning of candidate.
118A (1) References to a candidate in this Part of this Act shall be construed in accordance with this section (except where the context otherwise requires).
(2) A person becomes a candidate at a parliamentary election—
(a) on the date of—
(i) the dissolution of Parliament, or
(ii) in the case of a by-election, the occurrence of the vacancy,
in consequence of which the writ for the election is issued if on or before that date he is declared by himself or by others to be a candidate at the election, and
(b) otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier).
(3) A person becomes a candidate at an election under the local government Act—
(a) on the last day for publication of notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election, and
(b) otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier),
or, in the case of a person included in a list of candidates submitted by a registered political party in connection with an election of the London members of the London Assembly at an ordinary election, on the day on which the list is submitted by the party.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
136 Corrupt and illegal practices: consequences for persons convicted of such practices.
For section 173 of the Representation of the People Act 1983 there shall be substituted—
Incapacities on conviction of corrupt or illegal practice.
173 (1) Subject to subsection (2) below, a person convicted of a corrupt or illegal practice—
(a) shall, during the relevant period specified in subsection (3) below, be incapable of—
(i) being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain, or
(ii) being elected to the House of Commons, or
(iii) holding any elective office; and
(b) if already elected to a seat in the House of Commons or holding any such office, shall vacate the seat or office subject to and in accordance with subsections (4) and (5) below.
(2) The incapacity imposed by subsection (1)(a)(i) above applies only to a person convicted of a corrupt practice under section 60 above or of an illegal practice under section 61 above.
(3) For the purposes of subsection (1)(a) above the relevant period is the period beginning with the date of the conviction and ending—
(a) in the case of a person convicted of a corrupt practice, five years after that date, or
(b) in the case of a person convicted of an illegal practice, three years after that date,
except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead.
(4) Where subsection (1)(b) applies to any person, he shall (subject to subsection (5) below) vacate the seat or office in question at the appropriate time for the purposes of this section, namely—
(a) the end of the period which is the period prescribed by law within which notice of appeal may be given, or an application for leave to appeal may be made, by him in respect of the conviction, or
(b) if (at any time within that period) that period is extended—
(i) the end of the period as so extended, or
(ii) the end of the period of three months beginning with the date of the conviction,
whichever is the earlier.
(5) If (before the appropriate time mentioned in subsection (4) above) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the seat or office in question at the end of the period of three months beginning with the date of the conviction unless—
(a) such an appeal is dismissed or abandoned at any earlier time (in which case he shall vacate the seat or office at that time), or
(b) at any time within that period of three months the court determines on such an appeal that the conviction should not be upheld (in which case the seat or office shall not be vacated by him).
(6) Where such a person vacates a seat or office in accordance with subsection (4) or (5) above, no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat or office.
(7) If a person convicted of a corrupt or illegal practice has already been elected to a seat in the House of Commons or to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of his functions as a Member of Parliament, or (as the case may be) any of the functions of that office, during the period of suspension specified in subsection (8) below.
(8) For the purposes of subsection (7) above the period of suspension is the period beginning with the date of the conviction and ending with—
(a) the date on which the seat or office is vacated in accordance with subsection (4) or (5) above, or
(b) where subsection (5)(b) above applies, the date on which the court determines that the conviction should not be upheld.
(9) Any incapacities or other requirement applying to a person by virtue of subsection (1) or (7) above applies in addition to any punishment imposed under section 168 or 169 above; but each of those subsections has effect subject to section 174 below.
(10) Without prejudice to the generality of section 205(2) below, nothing in this section affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.
Incapacity to hold public or judicial office in Scotland.
173A (1) Subject to section 174 below, a person convicted of a corrupt practice—
(a) shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and
(b) if already holding such an office, shall vacate it as from that date.
(2) Subsection (1) above applies in addition to—
(a) any incapacity or other requirement applying to the person by virtue of section 173 above, and
(b) any punishment imposed on him under section 168 above.
137 Corrupt and illegal practices: election petitions etc.
The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 17, which in particular modifies the provisions relating to—
(a) the procedure on election petitions; and
(b) the consequences of reports by election courts.
138 Election campaigns and proceedings: miscellaneous amendments.
(1) The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 18, which makes changes to Part II of that Act (the election campaign) and related provisions of Part III of that Act (legal proceedings).
(2) The amendments made by paragraphs 7(4), 9, 14, 17, 18 (other than sub-paragraph (1)(b)) and 19(7) of Schedule 18 do not have effect in relation to local government elections in Scotland.
140A Reports of gifts received by unincorporated associations
Schedule 19A, which requires unincorporated associations making political contributions to report gifts received by them to the Commission, has effect.
(1) No election material shall be published unless—
(a) in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or
(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.
(2) For the purposes of subsections (3) to (5) the following details are “the relevant details” in the case of any material falling within subsection (1)(a), namely—
(a) the name and address of the printer of the document;
(b) the name and address of the promoter of the material; and
(c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
(2A) For the purposes of subsection (2)(c), election material to which subsection (2B) applies—
(a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting or procuring his electoral success ..., but
(b) may be regarded as being published on behalf of the party mentioned in subsection (2B).
(2B) This subsection applies to election material which can be reasonably regarded as promoting or procuring the electoral success ... of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election.
(3) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
(4) Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.
(5) Where the material is an advertisement contained in a newspaper or periodical—
(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
(b) the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.
(6) The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely—
(a) the name and address of the promoter of the material; and
(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
(7) Regulations under subsection (6) may in particular specify—
(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
(b) circumstances in which—
(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or
(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
(8) Where any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))—
(a) the promoter of the material,
(b) any other person by whom the material is so published, and
(c) the printer of the document,
shall be guilty of an offence.
(9) Where any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))—
(a) the promoter of the material, and
(b) any other person by whom the material is so published,
shall be guilty of an offence.
(10) It shall be a defence for a person charged with an offence under this section to prove—
(a) that the contravention of subsection (1) arose from circumstances beyond his control; and
(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
(11) In this section—
“election material” has the meaning given by section 143A;
“print” means print by whatever means, and “printer” shall be construed accordingly;
“the promoter”, in relation to any election material, means the person causing the material to be published;
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
(1) “Election material” means material which can reasonably be regarded as intended to promote or procure electoral success at any relevant election for—
(a) one or more particular registered parties,
(b) 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
(c) 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.
(2) For the purposes of subsection (1)—
(a) the reference to electoral success at any relevant election is a reference—
(i) 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
(ii) in relation to candidates, to their return at any such election,
(b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates, and
(c) 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.
(3) In determining whether material can reasonably be regarded as intended to promote or procure electoral success as mentioned in subsection (1), it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well.
(4) In this section—
“candidate” includes a future candidate, whether identifiable or not;
“relevant election” has the same meaning as in Part 2 (see section 22(5)).
144 Broadcasting of local items during election period.
For section 93 of the Representation of the People Act 1983 there shall be substituted—
Broadcasting of local items during election period.
93 (1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
(2) The code for the time being adopted by a broadcasting authority under this section shall be either—
(a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
(b) a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
(3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
(4) The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
(5) For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—
(a) (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced,
(b) (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
(c) (if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
(6) In this section—
“broadcasting authority” means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru;
“candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
“relevant services”—
in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
in relation to the Independent Television Commission, means services licensed under Part I of the Broadcasting Act 1990 or Part I of the Broadcasting Act 1996; and
in relation to the Radio Authority, means services licensed under Part III of the Broadcasting Act 1990 or Part II of the Broadcasting Act 1996.
145 Duties of Commission with respect to ... compliance with controls imposed by the Act etc.
(1) The Commission must monitor, and take all reasonable steps to secure, compliance with—
(a) the restrictions and other requirements imposed by or by virtue of —
(i) sections 24, 31 and 34,
(ii) Parts 3 to 7, and
(iii) sections 143 and 148; and
(b) the restrictions and other requirements imposed by other enactments in relation to—
(i) election expenses incurred by or on behalf of candidates at elections, or
(ii) donations to such candidates or their election agents.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In relation to local government elections in Scotland, the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
(3A) In relation to a Scottish parliamentary general election or an election held under section 9 of the Scotland Act 1998 (constituency vacancies), the reference in subsection (1)(b) to any enactment includes a reference to any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—
(a) what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;
(b) what it is desirable to do (or avoid doing) in view of the purpose of the requirement.
(6B) Each report by the Commission under paragraph 20 of Schedule 1 shall set out the steps the Commission have taken during the year in question to secure compliance with the restrictions and other requirements mentioned in subsection (1).
(7) In this section , section 148 and Schedule 19B —
“election” means a relevant election for the purposes of Part II;
“election agent” includes a sub-agent.
(1) Schedule 19C makes provision for civil sanctions in relation to—
(a) the commission of offences under this Act;
(b) the contravention of restrictions or requirements imposed by or by virtue of this Act.
(2) Schedule 19C does not apply in relation to the commission of an offence under this Act where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.
(1) A person commits an offence if he—
(a) alters, suppresses, conceals or destroys, or
(b) causes or permits the alteration, suppression, concealment or destruction of,
any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of Schedule 19B, and does so with the intention of falsifying the document or enabling any person to evade any of the provisions of this Act.
(2) Where the relevant person in the case of a supervised organisation, or a person acting on his behalf, requests a person holding an office in any such organisation (“the office-holder”) to supply the relevant person with any information which he reasonably requires for the purposes of any of the provisions of this Act, the office-holder commits an offence if—
(a) without reasonable excuse, he fails to supply the relevant person with that information as soon as is reasonably practicable, or
(b) in purporting to comply with the request, he knowingly supplies the relevant person with any information which is false in a material particular.
(3) A person commits an offence if, with intent to deceive, he withholds—
(a) from the relevant person in the case of a supervised organisation, or
(b) from a supervised individual,
any information required by the relevant person or that individual for the purposes of any of the provisions of this Act.
(4) In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.
(5) Subsections (1) and (3) shall apply in relation to a person who is (or has been)—
(a) a candidate at an election (other than a local government election in Scotland), or
(b) the election agent for such a candidate,
as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 145(1)(b).
(6) In this section—
(a) “supervised individual” means an individual who is a regulated donee regulated participant, a recognised third party or a permitted participant;
(b) “supervised organisation” means—
(i) a registered party or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units,
(ii) a regulated donee which is a members association,
(iia) a regulated participant which is a members association,
(iii) a recognised third party other than an individual, or
(iv) a permitted participant other than an individual;
(c) “relevant person” means a person who is (or has been)—
(i) in relation to a registered party (other than a minor party) or the central organisation of such a party, the treasurer of the party,
(ii) in relation to any accounting unit of such a party, the registered treasurer of the unit,
(iii) in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 7,
(iiia) in relation to a regulated participant which is a members association, the person responsible for the purposes of Schedule 7A,
(iv) in relation to a recognised third party, the responsible person for the purposes of Part VI,
(v) in relation to a permitted participant, the responsible person for the purposes of Part VII;
(d) “regulated donee” and “members association” have the same meaning as in Schedule 7;
(da) “regulated participant” has the same meaning as in Schedule 7A;
(e) “recognised third party” and “permitted participant” have the same meaning as in Parts VI and VII respectively.
(1) This section applies to any register kept by the Commission under—
(a) section 23;
(b) section 69;
(ba) section 71V;
(c) section 89;. . .
(d) section 107.
(e) paragraph 19 of Schedule 7;
(f) paragraph 7 of Schedule 19A.
(2) The Commission shall make a copy of the register available for public inspection during ordinary office hours, either at the Commission’s offices or at some convenient place appointed by them.
(3) The Commission may make other arrangements for members of the public to have access to the contents of the register.
(4) If requested to do so by any person, the Commission shall supply him with a copy of the register or any part of it.
(5) The Commission may charge such reasonable fee as they may determine in respect of—
(a) any inspection or access allowed under subsection (2) or (3); or
(b) any copy supplied under subsection (4).
(6) Subsections (2) to (5) shall apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of—
(a) section 46,
(b) section 84,
(ba) section 95F,
(c) section 100, or
(d) section 124,
as they apply in relation to any register falling within subsection (1).
(7) Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy—
(a) made available for public inspection under subsection (2), or
(b) supplied under subsection (4),
must be made available, or (as the case may be) supplied, in a legible form.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149A Inspection of Commission’s registers etc.: Northern Ireland
(1) Subsections (2) to (4) of section 149 (Commission to make available a copy of the register) do not apply to so much of the register maintained under section 69 (register of recordable donations) as concerns donations to which section 71E (non-disclosure of a donation received by a Northern Ireland recipient) applies.
(2) Subsections (2) to (4) of section 149 do not apply to so much of the register maintained under section 71V (register of recordable transactions) as concerns recordable transactions to which section 71Z4 (non-disclosure of a transaction to which a Northern Ireland participant is a party) applies.
(3) Subsections (2) to (4) of section 149 do not apply to a part of a register to which subsection (4) or (5) applies.
(4) This subsection applies to a part of the register maintained under section 69 where—
(a) the information included in that part of the register relates to a donation which is received by a Northern Ireland recipient and is a donation to which section 71E does not apply, and
(b) that part of the register contains details relating to—
(i) a document of a kind mentioned in paragraph 2A(4)(b) (Irish passports etc.) of Schedule 6, or
(ii) a statement of a kind mentioned in paragraph 2A(5)(c) (statement by Department of Foreign Affairs of Ireland) of that Schedule.
(5) This subsection applies to a part of the register maintained under section 71V where—
(a) the information included in that part of the register relates to a transaction which is entered into by a Northern Ireland participant and is a transaction to which section 71Z4 does not apply, and
(b) that part of the register contains details relating to a document of a kind mentioned in paragraph 2A(4)(b) (Irish passports etc.) of Schedule 6A.
(6) But where subsection (3) would otherwise have the effect that the Commission would be prevented from making available to the public information to which this subsection applies, it does not have that effect.
(7) Subsection (6) applies to information supplied to the Commission—
(a) under a provision of Schedule 6 which is not mentioned in subsection (4)(b), or
(b) under a provision of Schedule 6A which is not mentioned in subsection (5)(b).
(8) A reference in this section to a provision of Schedule 6 or 6A includes a reference to that provision as applied by paragraph 10(4) of Schedule 7 or paragraph 9(9) of Schedule 7A.
(9) In this section—
(a) “Northern Ireland recipient” has the same meaning as in Chapter 6 of Part 4, and
(b) “Northern Ireland participant” has the same meaning as in Chapter 2 of Part 4A.