(1) Section 71Q(1) does not apply in relation to a registered party in respect of a general election period if the party has made an exemption declaration under section 64 which covers the general election in question.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In its application (in accordance with subsection (1)) in relation to section 71Q, section 64 is to be read subject to the following modifications—
(a) the reference in subsection (5) to section 63 is to be read as a reference to section 71Q;
(b) subsection (6) is omitted.
71S Submission of transaction reports to Commission
(1) A transaction report under section 71M must 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.
(2) A transaction report under section 71Q must be delivered to the Commission by the treasurer of the party in question—
(a) within the period of 7 days beginning with the end of the reporting period to which it relates, or
(b) if that is not possible in the case of any party to which section 71Q applies by virtue of section 64(5) (as applied by section 71R), within the period of 7 days beginning with the first day on which the party has a candidate at the election in question.
(3) If a transaction report under section 71M or 71Q states that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual participant has an anonymous entry in the electoral register (within the meaning of the Representation of the People Act 1983 ...), the report must be accompanied by a copy of the evidence.
(4) 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 a transaction report.
(5) The treasurer of a registered party also commits an offence if , without reasonable excuse, he delivers a transaction report to the Commission which does not comply with any requirements of this Part as regards the recording of transactions, or changes to transactions, in such a report.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to—
(a) any transaction entered into by a registered party, or
(b) any change made to a transaction to which the registered party is a party,
was attributable to an intention on the part of any person to conceal the existence or true value of the transaction, the court may make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.
(8) An order under subsection (7) may in particular—
(a) where the transaction is a loan or credit facility, require that any amount owed by the registered party be repaid (and that no further sums be advanced under it);
(b) where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged.
(9) The reference in subsection (2) to a party having a candidate at an election must be construed in accordance with section 64(9).
71T Declaration by treasurer in transaction report
(1) Each transaction report under section 71M or 71Q must, when delivered to the Commission, be accompanied by a declaration made by the treasurer which complies with subsection (2), (3) or (4).
(2) In the case of a report under section 71M (other than one making a nil return), the declaration must state that, to the best of the treasurer's knowledge and belief—
(a) all the transactions recorded in the report were entered into by the party with authorised participants,
(b) during the reporting period no transaction has been entered into by the party which is required to be recorded in the report but is not so recorded,
(c) during the reporting period no change has been made to a regulated transaction which is required to be recorded in the report but is not so recorded, and
(d) during the reporting period the party has not entered into any regulated transaction with a person or body other than an authorised participant.
(3) For the purposes of subsection (2) a return under section 71M makes a nil return if it contains such a statement as is mentioned in subsection (10) of that section and a statement as is mentioned in subsection (4) of section 71N; and in the case of such a report the declaration must state that, to the best of the treasurer's knowledge and belief—
(a) those statements are accurate, and
(b) during the reporting period the party has not entered into any regulated transaction with a person or body other than an authorised participant.
(4) In the case of a report under section 71Q, the declaration must state that, to the best of the treasurer's knowledge and belief—
(a) no transaction has been entered into by the party, or (if section 71Q(3)(b) applies) by its central organisation, during the reporting period which is required to be recorded in the report but is not so recorded, and
(b) no change has been made to a regulated transaction during the reporting period which is required to be recorded in the report but is not so recorded.
(5) A person commits an offence if he knowingly or recklessly makes a false declaration under this section.
71U Weekly donation reports in connection with elections other than general elections
(1) The Secretary of State may, after consulting the Commission and all registered parties, by order make provision for—
(a) sections 71Q and 71R, together with Schedule 6A,
(b) sections 71S and 71T, and
(c) section 147 so far as applying in relation to section 71S(1) or (2),
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.
(2) In this section “specified election period” and “relevant election” have the meanings given in section 67.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Commission must maintain a register of all transactions (and all changes) reported to them under this Part.
(2) The register must be maintained by the Commission in such form as they may determine and must contain the following details in the case of each such transaction—
(a) the value of the transaction;
(b) (subject to subsection (3)) such other details as have been given in relation to the transaction in pursuance of any of paragraphs 2 to 7 of Schedule 6A;
(c) the relevant date for the transaction within the meaning of paragraph 8 of that Schedule.
(3) The details required by virtue of subsection (2) do not include, in the case of any transaction entered into by an authorised participant who is an individual, the individual's address.
(4) Where—
(a) any transaction or transactions is or are reported to the Commission under this Part, or
(b) any change or changes is or are so reported to them,
they must cause the details mentioned in subsection (2) to be entered or, as the case may be, changed in the register in respect of the transaction or transactions as soon as is reasonably practicable.
(1) This section has effect in relation to proceedings on applications under sections 71I(4) and 71S(7).
(2) The court is—
(a) in England and Wales, the county court;
(b) in Scotland, the sheriff, and the proceedings are civil proceedings;
(c) in Northern Ireland, the county court.
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The standard of proof is that applicable to civil proceedings.
(4) An order may be made whether or not proceedings are brought against any person for an offence under section 71L, 71S or 71T.
(5) An appeal against an order made by the sheriff may be made to the Court of Session.
(6) Rules of court ... may make provision—
(a) with respect to applications or appeals from proceedings on such applications;
(b) for the giving of notice of such applications or appeals to persons affected;
(c) for the joinder, or in Scotland sisting, of such persons as parties;
(d) generally with respect to procedure in such applications or appeals.
(7) Subsection (6) does not affect any existing power to make rules.
(1) In this Part—
“authorised participant” must be construed in accordance with section 71H;
“connected transaction” has the meaning given by section 71F(9);
“credit facility” has the meaning given by section 71F(11);
...
...
...
“regulated transaction” must be construed in accordance with section 71F.
(2) For the purposes of any provision relating to the reporting of transactions, anything required to be done by a registered party in consequence of its being a party to a regulated transaction must also be done by it, if it is a party to a transaction of a description mentioned in section 71F(4)(a), as if it were a party to the connected transaction.
71Y Control of loans etc: individuals and members associations
Schedule 7A, which makes provisions for controlling loans and certain other transactions to individual members of registered parties, associations of such members, and certain elected office holders, shall have effect.
(1) The following provisions have effect for the interpretation of this Chapter.
(2) “Northern Ireland participant” means —
(a) a party registered in the Northern Ireland register, or
(b) a regulated participant who is—
(i) an individual ordinarily resident in Northern Ireland, or
(ii) a members association wholly or mainly consisting of members of a Northern Ireland party.
(3) “Regulated participant” and “members association” have the same meaning as in Schedule 7A.
(4) “Prescribed” means prescribed by an order made by the Secretary of State after consulting the Commission.
(4A) Such information may be disclosed if the Commission believe, on reasonable grounds, that—
(a) each relevant person has consented to the disclosure, and
(b) the consent was given in accordance with any prescribed requirements.
(4B) “Relevant person” means a party to the transaction to which the information relates other than—
(a) a registered party whose treasurer is required under this Part to prepare a report to the Commission giving details of the transaction, or
(b) any other party to the transaction who is required under this Part to prepare such a report.
71Z1 Extension of categories of authorised participants in relation to Northern Ireland participants
(1) In relation to a regulated transaction or controlled transaction involving a Northern Ireland participant, section 71H(3) and paragraph 4(3) of Schedule 7A have effect as if the following were also authorised participants—
(a) an Irish citizen in relation to whom any prescribed conditions are met;
(b) a body which is of a prescribed description or category and in relation to which any prescribed conditions are met.
(2) A description or category of body must not be prescribed for the purposes of subsection (1)(b) unless the Secretary of State is satisfied that a body of that description or category would be entitled under Irish law to enter into a transaction which corresponds to a regulated or controlled transaction in relation to an Irish political party.
71Z2 Northern Ireland participants are not authorised participants in relation to Great Britain
(1) In relation to a regulated transaction or controlled transaction to which—
(a) a registered party which is registered in the Great Britain register, or
(b) a regulated participant resident or carrying on activities in Great Britain,
is a party, section 71H(3) and paragraph 4(3) of Schedule 7A, have effect as if a party registered in the Northern Ireland register is not an authorised participant.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Commission must take such steps as are prescribed for the purposes of verifying the information given in Northern Ireland report
(2) “Northern Ireland report” means a report to the Commission which—
(a) is prepared by a Northern Ireland participant, and
(b) contains, or purports to contain, information required to be given by Schedule 6A or 7A.
71Z4 Duty not to disclose contents of transaction reports
(A1) Subject to subsections (A2) and (A3), this section applies only to a transaction entered into by a Northern Ireland participant before 1 July 2017.
(A2) This section does not apply to a transaction entered into before 1 July 2017 which is required to be recorded in a report—
(a) under section 71M in respect of a period beginning on or after 1 July 2017 because the transaction is required by that section to be aggregated with a transaction entered into or a donation received on or after that date, or
(b) under paragraph 9 of Schedule 7A delivered on or after 1 July 2017 because the transaction is required by that paragraph to be aggregated with a transaction entered into or a donation received on or after that date.
(A3) This section does not apply to a transaction entered into on or after 1 January 2014 and before 1 July 2017—
(a) if a change to that transaction is required to be recorded in a report under section 71M in respect of a period beginning on or after 1 July 2017 because the change falls within section 71N(1) or (3), or
(b) if a change to that transaction which takes effect on or after 1 July 2017 is required to be recorded in a report under paragraph 11 of Schedule 7A because the change falls within sub-paragraph (3) or (5) of that paragraph.
(A4) In subsection (A3), a reference to a change within section 71N(1) or paragraph 11(3) of Schedule 7A does not include a reference to a repayment of the whole of a debt (or all of the remaining debt) under a loan.
(1) A person who is or has been a member or employee of the Commission must not disclose any information which –
(a) relates to a transaction to which this section applies, and
(b) has been obtained by the Commission in the exercise of their functions under this Part,
except in the following cases.
(2) Such information may be disclosed–
(a) to a member or employee of the Commission, or
(b) to such bodies as may be prescribed,
for the purpose of verifying information given in a Northern Ireland report.
(3) Such information may be disclosed for the purposes of any criminal or civil proceedings.
(4) Such information may be disclosed in accordance with any prescribed requirements if it relates to a transaction which the Commission believe, on reasonable grounds, was a transaction which was required to be dealt with under section 71I or 71J or paragraph 5 or 6 of Schedule 7A (transactions involving unauthorised participants).
(5) A person who contravenes subsection (1) is guilty of an offence.
(6) A person does not contravene subsection (1) if that person discloses information relating to a transaction to which this section applies where—
(a) the transaction was entered into on or after 1 January 2014 but before 1 July 2017,
(b) the Northern Ireland report recording the transaction does not state that the transaction was entered into before 1 July 2017, and
(c) when the disclosure is made, the person believes that the transaction was entered into on or after 1 July 2017 and is reasonably entitled to hold that belief.
(7) A person does not contravene subsection (1) if that person discloses information relating to a transaction to which this section applies where—
(a) the transaction was entered into on or after 1 January 2014 but before 1 July 2017,
(b) a change to the transaction which took effect before 1 July 2017 is required to be recorded in a report under section 71M or paragraph 11 of Schedule 7A,
(c) the Northern Ireland report recording the change does not state that it took effect before 1 July 2017, and
(d) when the disclosure is made, the person believes that the change took effect on or after 1 July 2017 and is reasonably entitled to hold that belief.
(8) A person does not contravene subsection (1) merely because—
(a) the person discloses information relating to a transaction within subsection (A3), and
(b) that disclosure suggests that a transaction was entered into before 1 July 2017 with which the transaction has been aggregated in accordance with section 71M (quarterly reports of regulated transactions: aggregation) or paragraph 9 of Schedule 7A (transactions reports: aggregation).
(9) A person does not contravene subsection (1) merely because—
(a) the person discloses information relating to a donation or a transaction in accordance with this section or section 71E, and
(b) the disclosure suggests that a transaction was entered into before 1 July 2017 as a result of which section 71M(6) or 62(6) applies in relation to the transaction or donation mentioned in paragraph (a).
(1) The following provisions have effect for the purposes of this Part.
(2) “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.
(3) “Election campaign”, in relation to a registered party, means a campaign conducted by the party for election purposes.
(4) “For election purposes”, in relation to a registered party, means for the purpose of or in connection with—
(a) promoting or procuring electoral success for the party at any relevant election, that is to say, the return at any such election of candidates—
(i) standing in the name of the party, or
(ii) included in a list of candidates submitted by the party in connection with the election; or
(b) otherwise enhancing the standing—
(i) of the party, or
(ii) of any such candidates,
with the electorate in connection with future relevant elections (whether imminent or otherwise).
(5) For the purposes of subsection (4)—
(a) 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;
(b) 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
(c) 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.
(6) “Relevant election” has the same meaning as in Part II.
(7) “Campaign expenditure” does not include anything which (in accordance with any enactment) falls to be included in—
(a) a return as to election expenses in respect of a candidate or candidates at a particular election, or
(b) a recall petition return within the meaning of Schedule 5 to the Recall of MPs Act 2015 (see paragraph 1 of that Schedule).
(8) Where a registered party is a party with accounting units—
(a) 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
(b) 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).
(9) In this section “candidates” includes future candidates, whether identifiable or not.
(10) Nothing in this Part applies in relation to expenses incurred or to be incurred by or on behalf of a minor party.
72A Campaign expenditure: power of Scottish Ministers
(1) The powers under the following provisions of Schedule 8 are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—
(a) paragraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),
(b) paragraph 3(7) (power to appoint day when code comes into force), and
(c) paragraph 4(1) (power to amend Part 1 of Schedule 8).
(2) For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8 apply—
(a) as if any reference to the Secretary of State were a reference to the Scottish Ministers,
(b) as if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,
(c) as if in paragraph 3(9) for the words from “means—” to the end there were substituted “ means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament. ”
(3) Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.
(1) This section applies where, in the case of a registered party—
(a) either—
(i) property is transferred to the party free of charge or at a discount of more than 10 per cent. of its market value, or
(ii) 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
(b) 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.
(1A) For the purposes of subsection (1)(b), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 5, 6, 7, 9, 10 or 11 of Schedule 9 (periods involving parliamentary general elections , general elections to the Scottish Parliament , ordinary or extraordinary general elections to Senedd Cymru, or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a registered party only if their use on behalf of the party is directed, authorised or encouraged by—
(a) the party, or
(b) the treasurer or a deputy treasurer appointed under section 74.
(2) 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).
(3) Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either—
(a) the market value of the property (where the property is transferred free of charge), or
(b) 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),
as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
(4) Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either—
(a) 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
(b) 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),
as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).
(5) 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 in respect of the employee).
(6) 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—
(a) the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the party during the relevant campaign period, and
(b) the treasurer or a deputy treasurer appointed under section 74 shall make a declaration of that amount,
unless that amount is not more than £200.
(7) 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.
(8) A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).
(9) No amount of campaign expenditure shall be regarded as incurred by virtue of subsection (2) in respect of—
(a) the transmission by a broadcaster of a party political broadcast;
(b) any facilities provided in accordance with any right conferred on candidates or a party at an election by any enactment; or
(c) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
(10) In subsections (1), (1A), (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.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Officers of registered party with responsibility for campaign expenditure.
(1) 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.
(2) 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—
(a) contains the name of the person so appointed and the address of his office; and
(b) is accompanied by a declaration of acceptance of office signed by that person.
(3) 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 ... , a referendum within the meaning of Part VII or a recall petition within the meaning of the Recall of MPs Act 2015 (see section 1(2) of that Act) .
(4) 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.
(5) 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.
(6) If, where the appointment of any deputy treasurer of a registered party has been notified to the Commission under subsection (2)—
(a) the deputy treasurer dies or his appointment terminates for any other reason, or
(b) any change occurs in the address of his office,
the treasurer of the party must notify the Commission of that fact within the appropriate period.
(7) In subsection (6) “the appropriate period” means—
(a) the period of 14 days beginning with the date of the deputy treasurer’s death or the termination of his appointment, or
(b) the period of 28 days beginning with the date when the change of address occurs,
as the case may be.
(8) 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.
(9) 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.
(10) For the purposes of this Part—
(a) the address of the treasurer of a registered party shall be regarded as being the registered address of the party; and
(b) 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).
(1) No campaign expenditure shall be incurred by or on behalf of a registered party unless it is incurred with the authority of—
(a) the treasurer of the party,
(b) a deputy treasurer of the party, or
(c) a person authorised in writing by the treasurer or a deputy treasurer.
(2) A person commits an offence if, without reasonable excuse, he incurs any expenses in contravention of subsection (1).
(3) 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.
76 Restriction on payments in respect of campaign expenditure.
(1) 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—
(a) the treasurer of the party,
(b) a deputy treasurer of the party, or
(c) a person authorised in writing by the treasurer or a deputy treasurer.
(2) 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.
(3) 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—
(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).
77 Restriction on making claims in respect of campaign expenditure.
(1) 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—
(a) the treasurer or a deputy treasurer of the party, or
(b) any other person authorised under section 75 to incur the expenditure,
not later than 30 days after the end of the relevant campaign period.
(2) Any claim sent in accordance with subsection (1) shall be paid not later than 60 days after the end of the relevant campaign 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 expenditure in question was 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 registered party to obtain payment before the end of the period allowed under that subsection.
(7) 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.
(8) 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.
(9) Where, in the case of any campaign expenditure, the period allowed under subsection (1) or (2) would (apart from this subsection) end on—
(a) a Saturday or Sunday or Christmas Eve, Christmas Day, . . . or Good Friday,
(b) a bank holiday, or
(c) a day appointed for public thanksgiving or mourning,
the period instead ends on the first day following that day which is not one of those days.
(10) 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—
(a) 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
(b) in which the person providing the property, services or facilities to which the expenditure relates conducts his business; or
(c) (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.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where—
(a) 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—
(i) the treasurer of the party, 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 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);
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 77(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
(3) 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).
(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.
(2) 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—
(a) the treasurer or any deputy treasurer of the party is guilty of an offence if—
(i) he authorised the expenditure to be incurred by or on behalf of the party, and
(ii) he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit; and
(b) the party is also guilty of an offence.
(3) It shall be a defence for any person or registered party 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 8 was complied with in determining the items and amounts of campaign expenditure to be entered in the relevant return under section 80, and
(b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.
(3A) See section 94F (expenditure by or on behalf of recognised third party targeted at a registered party) for—
(a) provision under which expenditure incurred by or on behalf of a third party may count towards the limit mentioned in subsection (2), and
(b) provision modifying subsection (2)(a)(i) in its application to such expenditure.
(4) Where—
(a) 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
(b) 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,
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.
(5) 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).
(1) For the purposes of this section—
(a) “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
(b) 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.
(2) Where—
(a) 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
(b) that period ends,
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.
(3) 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) 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;
(b) a statement of all disputed claims (within the meaning of section 78) of which the treasurer is aware; and
(c) 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).
(4) A return under this section must be accompanied by—
(a) all invoices or receipts relating to the payments mentioned in subsection (3)(a); ...
(b) 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); and
(c) in the case of any campaign expenditure treated as incurred by the party by virtue of section 94F(2) (expenditure by or on behalf of recognised third party targeted at a registered party), any declaration falling to be made with respect to that expenditure in accordance with section 94F(5).
(5) 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—
(a) it shall be sufficient for the later return to deal with those payments or claims by specifying overall amounts in respect of them; and
(b) 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.
(6) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
(1) 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.
(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.
(3) Subsection (1) of section 80 applies for the purposes of this section as it applies for the purposes of section 80.
(1) Where—
(a) any return falls to be prepared under section 80, and
(b) an auditor’s report on it falls to be prepared under section 81(1),
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.
(2) 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.
(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 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.
(4) The treasurer of a registered party commits an offence if, without reasonable excuse, he—
(a) fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies;
(b) delivers a return which does not comply with the requirements of section 80(3) or (4); or
(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
83 Declaration by treasurer as to return under section 80.
(1) 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.
(2) The declaration must state—
(a) that the treasurer has examined the return in question; and
(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 deputy treasurer of the party or a person authorised under section 76.
(3) 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 treasurer of the registered party to which the return relates.
(1) Where the Commission receive any return under section 80, they shall—
(a) 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
(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.
(2) 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 treasurer of the party concerned, they shall arrange for the return or other document to be returned to the treasurer.
(1) The following provisions have effect for the purposes of this Part.
(2) “Controlled expenditure”, in relation to a third party, means (subject to section 87) expenses incurred by or on behalf of the third party where—
(a) the expenses fall within Part 1 of Schedule 8A, and
(b) the expenditure can reasonably be regarded as intended to promote or procure electoral success at any relevant election for—
(i) one or more particular registered parties,
(ii) 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
(iii) 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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any such material is election material even though it can reasonably be regarded as intended to achieve any other purpose as well.
(4) For the purposes of subsection (2)(b)—
(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; and
(b) the reference to doing any of the things mentioned in that provision 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.
(4A) In determining whether expenditure can reasonably be regarded as intended to promote or procure electoral success as mentioned in subsection (2)(b), it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well.
(5) “Recognised third party” means a third party for the time being recognised under section 88 for the purposes of this Part.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5B) “The lower-tier expenditure limits”, in relation to controlled expenditure incurred by or on behalf of a recognised third party, means the limits specified in section 94(5) (limits on controlled expenditure incurred in a part of the UK); and a recognised third party is subject to those limits if the notification given by the third party under section 88(1), as it has effect for the time being, contains a statement within section 88(3D).
(6) “Relevant election” has the same meaning as in Part II.
(7) “Responsible person”, in relation to a recognised third party, means—
(a) if the third party is an individual, that individual;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) 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) or (d)(ii).
(8) “Third party”, in relation to any relevant election, means—
(a) any person or body other than a registered party; or
(b) subject to subsection (9), any registered party.
(9) 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 that subsection to a registered party or registered parties or to any candidates does not include—
(a) the party itself, or
(b) 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,
as the case may be.
(10) In this section “candidates” includes future candidates, whether identifiable or not.
85A Controlled expenditure of third parties: power of Scottish Ministers
(1) The powers under the following provisions of Schedule 8A are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament and local government elections in Scotland—
(a) paragraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),
(b) paragraph 3(7) (power to appoint day when code comes into force), and
(c) paragraph 4(1) (power to amend Part 1 of Schedule 8A).
(2) For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8A apply—
(a) as if any reference to the Secretary of State were a reference to the Scottish Ministers,
(b) as if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,
(c) as if in paragraph 3(9) for the words from “means—” to the end there were substituted “ means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament. ”
(3) Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.
(1) This section applies where, in the case of a third party—
(a) either—
(i) 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
(ii) 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
(b) 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.
(1A) For the purposes of subsection (1)(b), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 5, 6, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections , general elections to the Scottish Parliament , ordinary or extraordinary general elections to Senedd Cymru, or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a third party only if their use on behalf of the third party is directed, authorised or encouraged by the third party or (where the third party is a recognised third party and is not an individual) by the third party or the responsible person.
(2) 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.
(3) Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either—
(a) the market value of the property (where the property is transferred free of charge), or
(b) 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),
as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
(4) Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either—
(a) 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
(b) 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),
as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).
(5) 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 in respect of the employee).
(6) 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—
(a) the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the third party during the regulated period, and
(b) 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,
unless that amount is not more than £200.
(7) 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.
(8) A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).
(9) 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.
87 Expenditure by third parties which is not controlled expenditure.
(1) No amount of controlled expenditure shall be regarded as incurred by a third party by virtue of section 85 or 86 in respect of—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any property, services or facilities to the extent that the property, services or facilities is or are used in circumstances in which—
(i) 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, ...
(ii) 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, or
(iii) an amount of expenses falls to be included in a recall petition return within the meaning of Schedule 5 to the Recall of MPs Act 2015 (see paragraph 1 of that Schedule),
in respect of that use.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The reference in subsection (1)(b)(i) to circumstances in which an amount of campaign expenditure is to be regarded as incurred by or on behalf of a registered party for the purposes of Part 5 does not include circumstances in which an amount of campaign expenditure is treated as incurred by a registered party under section 94F(2).
88 Third parties recognised for the purposes of this Part.
(1) A third party is recognised for the purposes of this Part if—
(a) the third party has given the Commission a notification under this subsection which complies with subsection (3), and
(b) that notification is for the time being in force.
(2) A third party may only give a notification under subsection (1) if the third party is—
(a) an individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)) who is not the responsible person in relation to another third party,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a body falling within any of paragraphs (b) and (d) to (h) of section 54(2).
(ca) a body incorporated by Royal Charter which does not fall within any of those paragraphs of section 54(2),
(cb) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or within the meaning of the Charities Act (Northern Ireland) 2008,
(cc) a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), or
(cd) a partnership constituted under the law of Scotland which carries on business in the United Kingdom,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A notification under subsection (1) must—
(a) if given by an individual, state—
(i) his full name, and
(ii) his home address in the United Kingdom, or (if he has no such address in the United Kingdom) his home address elsewhere,
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and be signed by him;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) if given by a body falling within any of paragraphs (b) and (d) to (h) of section 54(2) ... , state—
(i) 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,
(ia) in the case of a body falling within any of paragraphs (b) and (d) to (h) of section 54(2), the names of the relevant participators in relation to the body (see subsection (3B)), and
(ii) 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,
and be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.
(d) if given by a body falling within any of paragraphs (ca) to (cd) of subsection (2), state—
(i) the relevant details in relation to the body (see subsection (3C)), and
(ii) the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter 2,
and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.
(3A) A notification given by a third party does not comply with the requirement in subsection (3)(c)(ii) or (d)(ii) (to state the name of the person who will be responsible for compliance) if the person whose name is stated is—
(a) the responsible person in relation to another third party,
(b) an individual who gives a notification under subsection (1) at the same time, or
(c) the person whose name is stated, in purported compliance with the requirement in subsection (3)(b)(iii) , (c)(ii) or (d)(ii), in a notification given at the same time by another third party.
In this subsection “the person”, in relation to a notification to which subsection (3)(c) or (d) applies, is to be read as “the person or officer”.
(3B) For the purposes of subsection (3)(c), the “relevant participators” in relation to a body are—
(a) in the case of a body falling with section 54(2)(b) (companies), the body's directors;
(b) in the case of a body falling within section 54(2)(d) (trade unions), the body's officers (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992: see section 119 of that Act);
(c) in the case of a body falling within section 54(2)(e) (building societies), the body's directors;
(d) in the case of a body falling within section 54(2)(f) (limited liability partnerships), the body's members;
(e) in the case of a body falling within section 54(2)(g) (friendly societies etc)—
(i) where the body is a friendly society, the members of the body's committee of management;
(ii) otherwise, the members of the body's committee of management or other directing body;
(f) in the case of a body falling within section 54(2)(h) (unincorporated associations)—
(i) where the body has more than 15 members and has officers or a governing body, those officers or the members of that governing body;
(ii) otherwise, the body's members.
(3C) For the purposes of subsection (3)(d), the “relevant details” in relation to a body are—
(a) in the case of a body falling within subsection (2)(ca) (body incorporated by Royal Charter)—
(i) the name of the body,
(ii) the address of its main office in the United Kingdom, and
(iii) the names of its officers or the members of its governing body;
(b) in the case of a body falling within subsection (2)(cb) or (cc) (charitable incorporated organisation)—
(i) the name of the body,
(ii) the address of its principal office, and
(iii) the names of its charity trustees within the meaning of the Charities Act 2011, the Charities Act (Northern Ireland) 2008 or the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);
(c) in the case of a body falling within subsection (2)(cd) (Scottish partnership)—
(i) the name of the body,
(ii) the address of its main office in the United Kingdom, and
(iii) the names of the partners.
(3D) A notification given under subsection (1) by a third party so as to be subject to the lower-tier expenditure limits must contain a statement to that effect.
(4) Subject to the following provisions of this section, a notification under subsection (1) (“the original notification”)—
(a) shall be in force as from the date on which it is received by the Commission, but
(b) 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.
(5) Where—
(a) 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
(b) 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,
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.
(6) A notification under subsection (4)(b) (“the renewal notification”) must either—
(a) confirm that all the statements within subsection (3) contained in the original notification, as it has effect for the time being, are accurate; or
(b) indicate that any statement within subsection (3) contained in that notification, as it so has effect, is replaced by some other statement conforming with that subsection.
(6A) In a case where the original notification, as it has effect for the time being, contains a statement within subsection (3D), the renewal notification must either—
(a) confirm that the statement is to continue to have effect, or
(b) indicate that the statement is withdrawn.
(7) 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.
(8) A third party may, at any time after giving the original notification, give the Commission a notification (“a notification of alteration”) indicating that—
(a) any statement within subsection (3) that is contained in the original notification, as it has effect for the time being, is replaced by some other statement conforming with that subsection that is contained in the notification of alteration, or
(b) any statement within subsection (3D) that is contained in the original notification, as it has effect for the time being, is withdrawn.
(9) The Secretary of State may by order amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), by—
(a) adding a description of third party to the list in that subsection,
(b) removing a description of third party from that list, or
(c) varying the description of a third party in that list.
(10) An order under subsection (9)(b) or (c) may be made only where the order gives effect to a recommendation of the Commission.
(11) The Scottish Ministers may by regulations amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to Scottish Parliament), by—
(a) adding a description of third party to the list in that subsection,
(b) removing a description of third party from that list, or
(c) varying the description of a third party in that list.
(12) Regulations under subsection (11) may only be made where the regulations give effect to a recommendation of the Commission.
(11) The Welsh Ministers may by order amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru), by—
(a) adding a description of third party to the list in that subsection,
(b) removing a description of third party from that list, or
(c) varying the description of a third party in that list.
(12) An order under subsection (11)(b) or (c) may be made only where the order gives effect to a recommendation of the Commission.
89 Register of notifications for purposes of section 88.
(1) The Commission shall maintain a register of all notifications given to them under section 88(1) which are for the time being in force.
(2) 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.
(3) 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.
(4) 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.
89A Restriction on which third parties may incur controlled expenditure
(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a reserved regulated period unless the third party—
(a) falls within any paragraph of section 88(2) (third parties eligible to give notification), or
(b) is an unincorporated association with the requisite UK connection.
(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a reserved regulated period which do not in total exceed £700.
(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).
(4) If the third party is not an individual—
(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and
(b) the third party is also guilty of an offence.
(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).
(6) An unincorporated association has “the requisite UK connection” if it consists of two or more persons both or all of whom are registered in a register of parliamentary electors in pursuance of a declaration made under and in accordance with section 1C of the Representation of the People Act 1985 (overseas elector’s declaration).
(7) In this section—
“register of parliamentary electors” means a register of parliamentary electors maintained under section 9 of the Representation of the People Act 1983;
“reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).
89B Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections
(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Welsh devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).
(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Welsh devolved regulated period which do not in total exceed £700.
(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).
(4) If the third party is not an individual—
(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and
(b) the third party is also guilty of an offence.
(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).
(6) A “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru).
90 Restriction on incurring controlled expenditure.
(1) No amount of controlled expenditure shall be incurred by or on behalf of a recognised third party 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91 Restriction on payments in respect of controlled expenditure.
(1) No payment (of whatever nature) may be made in respect of any controlled expenditure incurred or to be incurred by or on behalf of a recognised third party 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 expenditure 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).
(4A) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 Restriction on making claims in respect of controlled expenditure.
(1) A claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party during any period which is a regulated period (as defined by section 94(10)(a)) shall not be payable if the claim is not sent to—
(a) the responsible person, or
(b) any other person authorised under section 90 to incur the expenditure,
not later than 30 days after the end of the regulated period.
(2) Any claim sent in accordance with subsection (1) shall be paid not later than 60 days after the end of the regulated 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 expenditure in question was 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 recognised third party 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;
(b) any reference to campaign expenditure were a reference to controlled expenditure; 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 recognised third party.
(7A) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where—
(a) a claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party as mentioned in section 92(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 92(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 92(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 92 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 92(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 92(4) as applied by paragraph (a) above.
94 Limits on controlled expenditure by third parties.
(1) Schedule 10 has effect for imposing limits on controlled expenditure incurred by or on behalf of recognised third parties in England, Scotland, Wales or Northern Ireland , or in particular parliamentary constituencies, during the periods specified in that Schedule.
(2) Where during a regulated period any controlled expenditure is incurred in a relevant part of the United Kingdom or a parliamentary constituency by or on behalf of a recognised third party in excess of the limit imposed by Schedule 10 in relation to that period and part of the United Kingdom or parliamentary constituency, then—
(a) if the third party is not an individual—
(i) the responsible person is guilty of an offence if he authorised the expenditure to be incurred by or on behalf of the third party and he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and
(ii) the third party is also guilty of an offence;
(b) if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.
(3) Subsection (4) applies where—
(a) any of the following sub-paragraphs applies—
(ai) during a regulated period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), any controlled expenditure is incurred by or on behalf of a third party in excess of £10,000;
(i) during a regulated period, any controlled expenditure is incurred in a part of the United Kingdom by or on behalf of a third party in excess of the limit for that part of the United Kingdom mentioned in subsection (5) ;
(ii) during a regulated period in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections), any controlled expenditure is incurred in a particular parliamentary constituency by or on behalf of a third party in excess of the limit mentioned in subsection (5ZA), and
(b) the third party—
(i) in a case within paragraph (a)(ai) or (ii), is not a recognised third party;
(ii) in a case within paragraph (a)(i), is not a recognised third party or, where the regulated period is one in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10, is a recognised third party but is subject to the lower-tier expenditure limits.
(3A) For provision requiring certain controlled expenditure to be disregarded in determining for the purposes of subsection (3)(a) whether a limit is exceeded, see section 94B(3) (arrangements between third parties notified to the Commission).
(4) In the case mentioned in subsection (3)—
(a) if the third party is not an individual—
(i) any person who authorised the expenditure to be incurred by or on behalf of the third party is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and
(ii) the third party is also guilty of an offence;
(b) if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.
(4ZA) In its application to a case within subsection (3)(a)(i) where the third party is a recognised third party that is subject to the lower-tier expenditure limits, the reference in subsection (4)(a)(i) to any person who authorised the expenditure to be incurred is to be read as a reference to the responsible person.
(4A) It is a defence for any person or third party charged with an offence under subsection (2) or (4) 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.
(5) The limits referred to in subsection (3)(a)(i) are as follows—
(a) £20,000 for England; and
(b) £10,000 for each of Scotland, Wales and Northern Ireland.
(5ZA) The limit referred to in subsection (3)(a)(ii) is 0.05% of the total of the maximum campaign expenditure limits in England, Scotland, Wales and Northern Ireland.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where—
(a) during a regulated period any controlled expenditure is incurred in a particular part of the United Kingdom or a particular parliamentary constituency by or on behalf of a third party, and
(b) the expenditure is so incurred in pursuance of a plan or other arrangement whereby controlled expenditure is to be incurred by or on behalf of—
(i) that third party, and
(ii) one or more other third parties,
respectively and the expenditure can reasonably be regarded as intended to achieve a common purpose falling within section 85(2)(b),
the expenditure mentioned in paragraph (a) shall be treated for the purposes of this section , sections 94D to 94H and Schedule 10 as having also been incurred, during the period and in the part of the United Kingdom or parliamentary constituency concerned, by or on behalf of the other third party (or, as the case may be, each of the other third parties) mentioned in paragraph (b)(ii).
(7) Subsection (6) applies whether or not any of the third parties in question is a recognised third party.
(8) Where—
(a) at any time before the beginning of any regulated period any expenses within section 85(2) are incurred by or on behalf of a third party 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 third party during the regulated period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 85(2) have constituted controlled expenditure incurred by or on behalf of the third party during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section , sections 94A and 94B , sections 94D to 94H, sections 96 to 99A and Schedule 10 as controlled expenditure incurred by or on behalf of the third party during that period.
(8A) Where the period is one in relation to which any limit is imposed by paragraph 3, 5, 6, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections , general elections to the Scottish Parliament , ordinary or extraordinary general elections to Senedd Cymru, or general elections to the Northern Ireland Assembly), property, services or facilities are made use of on behalf of a third party for the purposes of subsection (8)(b) only if their use on behalf of the third party is directed, authorised or encouraged by the third party or (where the third party is a recognised third party and is not an individual) by the third party or the responsible person.
(9) For the purposes of subsection (8) 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).
(10) For the purposes of this section , sections 94A and 94B , sections 94D to 94H, sections 96 to 99A and Schedule 10—
(a) a “regulated period” is ... a period in relation to which any limit is imposed by Schedule 10;
(b) any reference to controlled expenditure incurred by or on behalf of a recognised third party during a regulated period includes any controlled expenditure so incurred during that period at any time before the third party became a recognised third party;
(c) a part of the United Kingdom is a “relevant part” if any limit imposed by Schedule 10 applies to controlled expenditure which is incurred in that part; ...
(d) any reference to controlled expenditure being incurred in a part of the United Kingdom shall be construed in accordance with paragraph 2 of that Schedule.
(e) the “maximum campaign expenditure limit” in a part of the United Kingdom is the limit imposed by paragraph 3 of Schedule 9 in relation to campaign expenditure incurred in the relevant period (within the meaning of that paragraph) by or on behalf of a registered party which contests all the constituencies in that part (and to which sub-paragraph (6) of that paragraph does not apply).
(f) any reference to controlled expenditure being incurred in a parliamentary constituency shall be construed in accordance with paragraph 2A of Schedule 10.
(10A) Where an offence under subsection (4) is committed in the case of a recognised third party that is subject to the lower-tier expenditure limits—
(a) the third party ceases to be subject to those limits at the time the offence is committed, and
(b) this Part then applies to the third party as if the notification under section 88(1) which is for the time being in force in relation to the third party did not contain a statement under section 88(3D).
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .