94A Arrangements between third parties notified to the Commission
(1) A recognised third party may, at any time before the end of a regulated period, send a notice to the Commission—
(a) stating that it is party to an arrangement of the kind mentioned in section 94(6),
(b) undertaking to be a lead campaigner in relation to the arrangement, and
(c) identifying one or more other third parties that are parties to the arrangement and have undertaken to be minor campaigners in relation to it.
(2) A recognised third party that has sent a notice under subsection (1) may, at any time before the end of the regulated period, send one or more supplementary notices to the Commission identifying additional third parties that are parties to the arrangement and have undertaken to be minor campaigners in relation to it.
(3) As from the date of receipt by the Commission of—
(a) a notice under subsection (1), the recognised third party that sent the notice becomes “a lead campaigner” in relation to the arrangement;
(b) a notice under subsection (1) or (2), a third party identified in the notice becomes “a minor campaigner” in relation to the arrangement.
(4) A notice under subsection (1) or (2) may not—
(a) identify as a minor campaigner a third party that is a lead campaigner in relation to the same arrangement, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The Commission must, as soon as reasonably practicable after receiving—
(a) a notice under subsection (1), enter in the register maintained under section 89 (register of notifications) the fact that the recognised third party that sent the notice is a lead campaigner in relation to the arrangement;
(b) a notice under subsection (1) or (2), enter in that register the name of each third party identified in the notice and the fact that it is a minor campaigner in relation to the arrangement.
(5A) A recognised third party that is subject to the lower-tier expenditure limits may not send a notice under subsection (1).
(6) For provision about the effect of sending a notice under this section, see section 94B.
94B Effect where arrangements are notified under section 94A
(1) Subsection (2) applies where controlled expenditure is incurred during a regulated period in a part of the United Kingdom—
(a) by or on behalf of a minor campaigner in relation to an arrangement, and
(b) in pursuance of the arrangement.
(2) The expenditure is treated for the purposes of sections 96 to 99A (returns as to controlled expenditure) as having also been incurred, during the period and in the part of the United Kingdom concerned, by or on behalf of any lead campaigner in relation to the arrangement who sent a notice under section 94A(1) or (2) identifying the minor campaigner.
(3) In determining for the purposes of section 94(3)(a) whether a limit is exceeded by a third party during a regulated period, controlled expenditure incurred by or on behalf of the third party is to be disregarded if—
(a) conditions A and B are met in relation to the expenditure, and
(b) condition C is met.
(4) Condition A is that the expenditure—
(a) is incurred in pursuance of an arrangement that has been notified to the Commission under section 94A(1), and
(b) is, by virtue of section 94(6), treated for the purposes of section 94 and Schedule 10 as incurred by or on behalf of the third party.
(5) Condition B is that the third party is, at the time the expenditure is incurred, a minor campaigner in relation to the arrangement.
(6) Condition C is that—
(a) the total of the controlled expenditure incurred during the regulated period in any part of the United Kingdom by or on behalf of the third party, disregarding any expenditure in relation to which conditions A and B are met, does not exceed the limit for that part mentioned in section 94(5), and
(b) in the case of 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), the total of the controlled expenditure incurred during the regulated period in any particular constituency by or on behalf of the third party, disregarding any expenditure in relation to which conditions A and B are met, does not exceed the limit mentioned in section 94(5ZA).
(7) References in subsection (6) to controlled expenditure incurred by or on behalf of the third party include controlled expenditure that is, by virtue of section 94(6), treated for the purposes of section 94 and Schedule 10 as so incurred.
(1) Sections 94D to 94H impose limits on, and make other provision relating to, controlled expenditure incurred by or on behalf of a recognised third party where the expenditure is targeted at a particular registered party.
(2) Section 94D defines when controlled expenditure is regarded as targeted at a particular registered party, specifies the limits and specifies the periods over which the limits operate.
(3) Section 94E makes provision about the consequences where controlled expenditure targeted at a registered party is incurred by or on behalf of a recognised third party in excess of a limit without authorisation from the registered party.
(4) Section 94F makes provision about the consequences where controlled expenditure targeted at a registered party is incurred by or on behalf of a recognised third party in excess of a limit with authorisation from the registered party.
(5) Section 94G makes provision about how a registered party may give or withdraw authorisation (including provision enabling the registered party to specify a cap on the amount of expenditure authorised).
(6) Section 94H makes provision about the meaning of references to expenditure that “exceeds” a targeted expenditure limit or cap.
94D Meaning of “targeted”, “targeted expenditure limit” etc
(1) Controlled expenditure is “targeted” at a particular registered party if it can reasonably be regarded as—
(a) intended to benefit that party or any of its candidates, and
(b) not intended to benefit any other registered party or any of its candidates.
(2) A limit (a “targeted expenditure limit”) applies to controlled expenditure that—
(a) is incurred during a qualifying regulated period in England, Scotland, Wales or Northern Ireland, and
(b) is targeted at a particular registered party.
(3) A “qualifying regulated period” is a period in relation to which limits are imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections).
(4) The targeted expenditure limit applying to controlled expenditure incurred during a qualifying regulated period in a part of the United Kingdom is—
(a) for the period in relation to which limits are imposed by paragraph 3(2) of Schedule 10, 0.2% of the maximum campaign expenditure limit in that part of the United Kingdom, and
(b) for any other qualifying regulated period, the relevant proportion of the limit determined in accordance with paragraph (a).
(5) In subsection (4)(b) “the relevant proportion” means—
A B
where—
A is the number of days in the period mentioned in subsection (4)(b);
B is the number of days in the period mentioned in subsection (4)(a).
(6) This section applies for the purposes of sections 94E to 94H.
94E Unauthorised expenditure in excess of targeted expenditure limit
(1) This section applies if—
(a) controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),
(b) the expenditure exceeds a targeted expenditure limit (to any extent), and
(c) at the time the expenditure is incurred—
(i) the third party is not authorised by the registered party to incur expenditure targeted at it, or
(ii) the third party is so authorised, but the expenditure exceeds a cap specified in the authorisation (to any extent).
(2) If the third party is not an individual—
(a) the responsible person is guilty of an offence if the person authorised the expenditure to be incurred by or on behalf of the third party and the person knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit, and
(b) the third party is also guilty of an offence.
(3) If the third party is an individual, the third party is guilty of an offence if the third party knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit.
(4) It is a defence for a third party charged with an offence under subsection (2) or (3) to show—
(a) that any code of practice for the time being issued under paragraph 3 of Schedule 8A was complied with in determining whether any expenditure is controlled expenditure for the purposes of this Part, and
(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.
94F Authorised expenditure in excess of targeted expenditure limit
(1) This section applies if—
(a) controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),
(b) the expenditure exceeds a targeted expenditure limit (to any extent),
(c) at the time the expenditure is incurred the third party is authorised by the registered party to incur expenditure targeted at it, and
(d) if the registered party specified a cap in the authorisation, the expenditure, or any part of it, does not exceed the cap.
(2) The authorised amount is treated for the purposes of section 79(2) (limits on campaign expenditure) as if—
(a) it were campaign expenditure within the meaning of Part 5, and
(b) it was incurred by the registered party at the same time as the controlled expenditure mentioned in subsection (1)(a) was in fact incurred by or on behalf of the third party.
(3) For the purposes of this section, “the authorised amount” is the amount of the controlled expenditure incurred as mentioned in subsection (1)(a) less—
(a) such amount, if any, of that expenditure as does not exceed the targeted expenditure limit, and
(b) such amount, if any, of that expenditure as exceeds a cap specified by the registered party in its authorisation of the third party.
(4) In determining whether, by virtue of subsection (2), the incurring of controlled expenditure by or on behalf of the third party constitutes an offence under section 79(2) by the treasurer or any deputy treasurer of the registered party, section 79(2)(a)(i) is treated as if the reference in that provision to the authorisation of the expenditure were to the signing of the authorisation under section 94G.
(5) The treasurer or a deputy treasurer of the registered party must make a declaration of—
(a) the amount of the controlled expenditure incurred as mentioned in subsection (1)(a), and
(b) the authorised amount.
(6) A person commits an offence if the person knowingly or recklessly makes a false declaration under subsection (5).
(1) A registered party may authorise a recognised third party to incur controlled expenditure in England, Scotland, Wales or Northern Ireland that is targeted at the registered party.
(2) An authorisation—
(a) must be in writing,
(b) must be signed by a relevant officer,
(c) must specify the part of the United Kingdom to which it relates, and
(d) may specify a cap on the amount of expenditure authorised.
(3) An authorisation is of no effect until a copy of it has been given to the Commission by the registered party.
(4) The Commission must, as soon as is reasonably practicable after receiving a copy of an authorisation, enter in the register maintained under section 89 (register of notifications)—
(a) the fact that the registered party has given the authorisation, and
(b) the information specified in it.
(5) A registered party may at any time withdraw an authorisation already given.
(6) A withdrawal of an authorisation—
(a) must be in writing, and
(b) must be signed by a relevant officer.
(7) A withdrawal of an authorisation is of no effect until a copy of it has been given to the Commission by the registered party.
(8) The Commission must, as soon as is reasonably practicable after receiving a copy of a withdrawal of an authorisation, update the register maintained under section 89.
(9) For the purposes of this section “relevant officer”, in relation to a registered party, means—
(a) the treasurer of the party, or
(b) a deputy treasurer of the party.
94H Expenditure that “exceeds” a targeted expenditure limit or cap
(1) Controlled expenditure incurred by or on behalf of a recognised third party during a qualifying regulated period in any part of the United Kingdom that is targeted at a particular registered party “exceeds”—
(a) a targeted expenditure limit, or
(b) a cap specified by the registered party in its authorisation of the third party,
if and to the extent that the relevant cumulative total is in excess of that limit or cap.
(2) For this purpose “the relevant cumulative total” is the total of—
(a) the controlled expenditure incurred as mentioned in subsection (1), and
(b) the total of any controlled expenditure targeted at the same registered party which has already been incurred by or on behalf of the third party during the qualifying regulated period in that part of the United Kingdom.
95ZA Control of donation to recognised third parties: power of Scottish Ministers
(1) The powers under the following provisions of Schedule 11 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(4) (power to change meaning of defined expenses and sponsorship),
(b) paragraph 6A(6) (power to make regulations about how the value of a benefit is calculated), and
(c) paragraph 6B(4) (power to make regulations about the retention of declarations).
(2) For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3, 6A and 6B of Schedule 11 apply as if any reference to the Secretary of State was a reference to the Scottish Ministers.
(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) The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a pre-dissolution period, prepare a report about reportable donations (“a quarterly report”).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A “pre-dissolution period” means a period—
(a) beginning with the day that is the fourth anniversary of the day on which the Parliament then in existence first met, and
(b) ending with the day before the day ... on which Parliament is dissolved.
(3A) In a case where the pre-dissolution period is 3 months or less, the reporting period is the pre-dissolution period.
(3B) In a case where the pre-dissolution period is more than 3 months, the reporting periods are—
(a) the period of 3 months beginning with the first day of the pre-dissolution period,
(b) any succeeding period of 3 months falling within the pre-dissolution period, and
(c) any final period of less than 3 months falling within that period.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A quarterly report must comply with the requirements of Schedule 11A.
(7) A “reportable donation” means a relevant donation (within the meaning of Schedule 11) which—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) is accepted, or is dealt with in accordance with section 56(2) (as applied by paragraph 7 of Schedule 11), by the recognised third party during the reporting period.
(8) A quarterly report must be delivered to the Commission by the responsible person within the period of 30 days beginning with the end of the reporting period to which it relates.
(9) The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief—
(a) all reportable donations (if any) recorded in the report as having been accepted by the recognised third party are from permissible donors, and
(b) there are no reportable donations which are required to be recorded in the report in accordance with Schedule 11A which are not so recorded.
(10) This section does not require the preparation of a quarterly report in respect of a reporting period if no reportable donations are accepted, or dealt with, as described in subsection (7)(b), by the recognised third party during that period.
(10A) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95B Weekly donation reports during general election periods
(1) The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a general election period, prepare a report about substantial donations (“a weekly report”).
(2) The reporting periods are—
(a) the period of 7 days beginning with the first day of the general election period,
(b) each succeeding period of 7 days falling within the general election period, and
(c) any final period of less than 7 days falling within that period.
(3) A “general election period” means the period—
(a) beginning with the day on which Parliament is dissolved for a parliamentary general election, and
(b) ending with the date during a qualifying regulated period which is the date of the poll for that election.
(4) A weekly report must comply with the requirements of Schedule 11A.
(5) A “substantial donation” means a relevant donation of a substantial value which is received by the recognised third party during the reporting period in respect of the relevant election or elections the poll or polls for which take place during the qualifying regulated period.
(6) A relevant donation is “of a substantial value” if its value (as determined in accordance with paragraph 5 of Schedule 11) is more than £7,500.
(7) A weekly report must be delivered to the Commission by the responsible person within the period of 7 days beginning with the end of the reporting period to which it relates.
(8) The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief, no substantial donations have been received by the recognised third party during the reporting period which are required to be recorded in the report in accordance with Schedule 11A and are not so recorded.
(9) This section does not require the preparation of a weekly report in respect of a reporting period if no substantial donations are received by the recognised third party during that period.
(10) In this section—
“qualifying regulated period” means a period in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections);
“relevant donation” has the same meaning as in Schedule 11.
(10A) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The responsible person in relation to a recognised third party commits an offence if, without reasonable excuse, the responsible person—
(a) fails to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7),
(b) delivers a quarterly or weekly report to the Commission without the accompanying declaration required under section 95A(9) or 95B(8), or
(c) delivers a quarterly or weekly report to the Commission which does not comply with the requirements of Schedule 11A.
(2) The responsible person in relation to a recognised third party commits an offence if the person knowingly or recklessly makes a false declaration under section 95A(9) or 95B(8).
(1) The court may, on an application made by the Commission, order the forfeiture by a recognised third party of an amount equal to the value of a relevant donation where the court is satisfied that—
(a) a failure by the responsible person to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7), or
(b) the delivery by the responsible person of a quarterly or weekly report which fails to comply with a requirement of Schedule 11A,
was attributable to an intention on the part of any person to conceal the existence or true amount of the donation.
(2) The standard of proof in proceedings on an application under this section is that applicable to civil proceedings.
(3) A forfeiture order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
(4) In this section “the court” means—
(a) in relation to England and Wales, a magistrates' court;
(b) in relation to Scotland, the sheriff;
(c) in relation to Northern Ireland, a court of summary jurisdiction.
(5) Proceedings on an application under this section to the sheriff are civil proceedings.
(6) Sections 59 and 60 (appeals etc against forfeiture orders) apply for the purposes, or in connection with the operation, of this section in relation to a recognised third party as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.
(7) In this section “relevant donation” has the same meaning as in Schedule 11.
(8) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.
(1) This section applies where the requirements in section 95A or 95B to prepare quarterly or weekly reports in the case of a pre-dissolution period or a general election period have effect in relation to a recognised third party.
(2) If the third party's notification under section 88(1) lapses during the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party—
(a) in respect of the reporting period in which the notification lapses, and
(b) in respect of each reporting period (if any) which preceded that period and which falls within the pre-dissolution period or the general election period.
(3) If the third party's notification under section 88(1) lapses at or after the end of the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party in the case of that period.
(4) In a case where subsection (2) or (3) applies, references in sections 95A to 95D to the responsible person are to be read, for the purposes of, or in connection with, the discharge of obligations of the responsible person under those sections, as references to the person who was the responsible person in relation to the recognised third party immediately before the notification lapsed.
(5) In this section—
(a) “pre-dissolution period” and “reporting period”, in relation to a quarterly report, have the same meaning as in section 95A, and
(b) “general election period” and “reporting period”, in relation to a weekly report, have the same meaning as in section 95B.
(1) Where the Commission receive a quarterly or weekly report under section 95A or 95B, they must—
(a) as soon as reasonably practicable after receiving the report, make a copy of the report, 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 report or other document is kept by them.
(2) The Commission must secure that the copy of the report 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 2 years beginning with the date when any report or other document mentioned in subsection (1) is received by the Commission—
(a) they may cause the report or other document to be destroyed, but
(b) if requested to do so by the responsible person in relation to the third party concerned, they must arrange for the report or other document to be returned to that person.
(1) Subsection (1A) applies where—
(a) during a regulated period, any controlled expenditure is incurred by or on behalf of a recognised third party in a relevant part of the United Kingdom, and
(b) the incurring of that expenditure would, if the third party had not been recognised, have been an offence under section 94(4) (whether because it was incurred in excess of a limit mentioned in section 94(5) or 94(5ZA)).
(1A) The responsible person must prepare a return in respect of the controlled expenditure incurred by or on behalf of the third party during that period in each relevant part of the United Kingdom.
(2) 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 regulated period in question, and must contain—
(a) a statement of all payments made in respect of controlled expenditure incurred by or on behalf of the third party during that period in the relevant part or parts of the United Kingdom;
(aa) a statement listing each constituency (if any) in which the controlled expenditure incurred by or on behalf of the third party during that period exceeded 0.04% of the total of the maximum campaign expenditure limits in England, Scotland, Wales and Northern Ireland;
(ab) a statement showing, for each constituency listed under paragraph (aa), all payments made in respect of controlled expenditure incurred by or on behalf of the third party during that period in that constituency;
(b) a statement of all disputed claims (within the meaning of section 93) of which the responsible person is aware;
(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 92(4); and
(d) ... a statement of relevant donations received by the third party in respect of the relevant election or elections which complies with the requirements of paragraphs 10 and 11 of Schedule 11.
(3) A return under this section must be accompanied by—
(a) all invoices or receipts relating to the payments mentioned in subsection (2)(a) or (ab); and
(b) in the case of any controlled expenditure treated as incurred by the third party by virtue of section 86, any declaration falling to be made with respect to that expenditure in accordance with section 86(6).
(4) Where, however, any payments or claims falling to be dealt with in a return by virtue of subsection (2) 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 (3) does not apply to any invoices, receipts or declarations which accompanied the earlier return and are specified as such in the later return.
(5) Subsections (2) to (4) do not apply to any controlled expenditure incurred at any time before the third party became a recognised third party, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenditure incurred at any such time.
(6) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
(7) Where subsection (1A) applies in relation to a recognised third party and any regulated period—
(a) the requirements as to the preparation of a return under this section in respect of controlled expenditure ... shall have effect in relation to the third party despite the third party ceasing to be a recognised third party at or after the end of the regulated period by virtue of the lapse of the third party’s notification under section 88(1); and
(b) for the purposes of, or in connection with, the discharge of obligations of the responsible person under this section and sections 98 and 99 in relation to any such return, references to the responsible person shall be read as references to the person who was the responsible person in relation to the third party immediately before that notification lapsed.
(8) In this section “relevant donation” has the same meaning as in Schedule 11.
(9) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.
(1) Where—
(a) a return falls to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and
(b) the period is one in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections),
the responsible person must, subject to subsections (8) and (9), also prepare a statement of accounts in respect of the regulated period.
(2) A statement of accounts under this section must include—
(a) a statement of the income and expenditure of the third party for the regulated period, and
(b) a statement of its assets and liabilities at the end of that period.
(3) A statement of accounts under this section must comply with such requirements as to the form and contents of the statement as may be prescribed by regulations made by the Commission.
(4) Regulations under subsection (3) may in particular—
(a) require any statement of accounts to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;
(b) specify information which is to be provided by way of notes to the accounts.
(5) Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (3) may impose different requirements according to which of the following bands the gross income or total expenditure of a third party falls within—
(a) not exceeding £25,000;
(b) exceeding £25,000 but not £100,000;
(c) exceeding £100,000 but not £250,000;
(d) exceeding £250,000.
(6) The Secretary of State may by order amend subsection (5) by varying the number of bands set out in it.
(7) The Secretary of State may not make an order under subsection (6) except to give effect to a recommendation of the Commission.
(8) This section does not apply if the third party is an individual.
(9) This section does not apply to a third party in relation to a regulated period if the Commission are satisfied—
(a) that a statement or statements prepared or to be prepared by the third party under any enactment contains or will contain the information required by subsection (2) or equivalent information, and
(b) that the Commission are, or will be, able to inspect that statement or those statements.
(10) Equivalent information is—
(a) a statement or statements of the income and expenditure for a period or periods other than the regulated period, or
(b) a statement or statements of assets and liabilities at a date or dates other than the end of that period,
but which in the Commission's opinion gives a sufficient indication of the third party's accounts for, or at the end of, the regulated period.
(11) Where section 96(7) (lapse of notification) applies to the preparation of a return—
(a) the reference to the responsible person in subsection (1) of this section is to be read as a reference to the person described in section 96(7)(b), and
(b) for the purposes of, or in connection with, the discharge of obligations of the responsible person under sections 98 and 99A in relation to a statement of accounts under this section, references to the responsible person are to be read as references to that person.
(12) In this section and section 97 “gross income” means gross recorded income from all sources.
97 Auditor’s report on return or statement of accounts .
(1) Where during any regulated period the controlled expenditure incurred by or on behalf of a recognised third 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 96 in respect of that expenditure.
(1A) A report must be prepared by a qualified auditor on any statement of accounts prepared under section 96A in respect of a regulated period, if—
(a) a report falls to be prepared under subsection (1) on the return mentioned in section 96A(1)(a), or
(b) during the regulated period the gross income or total expenditure of the third party exceeds £250,000.
(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 (1A) 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 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and
(b) an auditor’s report on it falls to be prepared under section 97(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 that period.
(2) In the case of any other return falling to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, the responsible person shall deliver the return to the Commission within three months of the end of that period.
(2A) Where a statement of accounts falls to be prepared under section 96A, the responsible person must deliver—
(a) the statement, and
(b) if an auditor's report on the statement falls to be prepared under section 97(1A), that report,
to the Commission before the end of the period of 6 months beginning with the end of the period under subsection (1) or (2) for the delivery of the relevant section 96 return.
(2B) “The relevant section 96 return” means the return mentioned in section 96A(1)(a) which gives rise to the duty to prepare the statement of accounts.
(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 92(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 order of the court giving the leave.
(4) The responsible person in the case of a recognised third 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; or
(aa) fails to comply with the requirements of subsection (2A) in relation to any statement or report to which that subsection applies; or
(b) delivers a return which does not comply with the requirements of section 96(2) or (3); or
(ba) delivers a statement which does not comply with the requirements of section 96A(2) or (3); or
(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
99 Declaration by responsible person as to return under section 96.
(1) Each return prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period must, when delivered to the Commission, be accompanied by a declaration which complies with subsections (2) and (3) 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.
(2A) Subsection (2)(b)(ii) does not apply to expenses that are treated as incurred by or on behalf of the recognised third party by virtue of section 94B(2) (arrangements between third parties notified to the Commission).
(3) The declaration must also state ... that—
(a) all relevant donations recorded in the return as having been accepted by the third party are from permissible donors, and
(b) no other relevant donations have been accepted by the third party in respect of the relevant election or elections which took place during the regulated period.
(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 recognised third party to which the return relates.
(5) In this section “relevant donation” has the same meaning as in Schedule 11.
99A Declaration by responsible person as to statement of accounts under section 96A
(1) Each statement of accounts prepared under section 96A must, when delivered to the Commission, 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 statement in question; and
(b) that to the best of that person's knowledge and belief it is a complete and correct statement of accounts as required by law.
(3) A person commits an offence if—
(a) that person knowingly or recklessly makes a false declaration under this section; or
(b) subsection (1) is contravened without reasonable excuse at a time when that person is the responsible person in the case of the recognised third party to which the statement of accounts relates.
100 Public inspection of returns under section 96.
(1) Where the Commission receive any return under section 96, 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) If the return contains a statement of relevant donations in accordance with section 96(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 third party concerned, they shall arrange for the return or other document to be returned to that person.
(4) Where a statement of accounts is delivered under section 98(2A), this section applies as if the statement and any documents accompanying it—
(a) were documents accompanying the relevant section 96 return, and
(b) (for the purposes of subsection (3)) were received by the Commission when the return was received.
(5) In subsection (4)(a), “the relevant section 96 return” has the meaning given by section 98(2B).
(1) The Commission must prepare a code of practice about the operation of this Part in relation to a reserved regulated period.
(1A) The Commission must prepare a code of practice about the operation of this Part in relation to a Welsh devolved regulated period.
(2) A code must in particular set out—
(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses);
(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure;
(c) guidance on determining whether anything provided to or for the use of a third party falls to be dealt with in accordance with section 86 (notional controlled expenditure) or with section 95 and Schedule 11 (donations);
(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties);
(e) guidance about the operation of sections 94D to 94H (targeted controlled expenditure).
(3) The Commission may from time to time revise a code.
(4) In exercising their functions under this Part, the Commission must have regard to a code.
(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a reserved regulated period, to show—
(a) that the code, in the form for the time being issued under section 100B, was complied with by the third party in determining whether the 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.
(5A) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Welsh devolved regulated period to show—
(a) that the code, in the form for the time being issued under section 100C, was complied with by the third party in determining whether the 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.
(6) In this section, “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 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly).
(6A) In this section “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (regulated period for general elections to Senedd Cymru).
(7) Section 100B sets out consultation and procedural requirements relating to the code or any revised code under subsection (1).
(8) Section 100C sets out consultation and procedural requirements relating to the code or any revised code under subsection (1A).
100AA Code of practice on controlled expenditure: Scottish Parliament elections
(1) The Commission must prepare a code of practice about the operation of this Part in relation to a Scottish devolved regulated period.
(2) The code must in particular set out—
(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses),
(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure,
(c) guidance on determining whether anything provided to, or for the use of, a third party falls to be dealt with in accordance with—
(i) section 86 (notional controlled expenditure), or
(ii) section 95 and Schedule 11 (donations),
(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties).
(3) The Commission may from time to time revise the code.
(4) In exercising their functions under this Part, the Commission must have regard to the code (but only in so far as it relates to a general election to the Scottish Parliament and does not relate to a reserved matter (within the meaning of the Scotland Act 1998)).
(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Scottish devolved regulated period, to show—
(a) that the code, in the form for the time being issued under section 100BA, was complied with by the third party in determining whether the 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.
(6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to the Scottish Parliament).
(7) Section 100BA sets out consultation and procedural requirements relating to the code or any revised code.
100B Code of practice: consultation and procedural requirements
(1) The Commission must consult the following on a draft of a code under section 100A (1) —
(a) the Speaker’s Committee;
(b) the Levelling Up, Housing and Communities Committee;
(c) such other persons as the Commission consider appropriate.
(2) After the Commission have carried out the consultation required by subsection (1), they must—
(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and
(b) submit the draft to the Secretary of State for approval by the Secretary of State.
(3) The Secretary of State may approve a draft code either without modifications or with such modifications as the Secretary of State may determine.
(4) Once the Secretary of State has approved a draft code, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—
(a) in its original form, or
(b) in a form which incorporates any modifications determined under subsection (3).
(5) If the draft code incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.
(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.
(7) Subsection (6) does not prevent a new draft code from being laid before Parliament.
(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—
(a) the Secretary of State must issue the code in the form of the draft laid before Parliament,
(b) the Commission must arrange for the code to be published in such manner as they consider appropriate, and
(c) the code comes into force on such day as the Secretary of State may by order appoint.
(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.
(10) In this section, “the 40-day period”, in relation to a draft code, means—
(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (1)(b) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name.
(12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.
100BA Code of Practice on controlled expenditure for Scottish Parliament elections: consultation and procedural requirements
(1) The Commission must consult the following on a draft of a code under section 100AA(1)—
(a) the Scottish Parliament,
(b) such other persons as the Commission consider appropriate.
(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—
(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and
(b) submit the draft to the Scottish Ministers for approval by them.
(3) The Scottish Ministers may approve a draft code either without modifications or with such modifications as the Scottish Ministers may determine.
(4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, whether—
(a) in its original form, or
(b) in a form which incorporates any modifications determined under subsection (3).
(5) If the draft code incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.
(6) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to it.
(7) Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament.
(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—
(a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament,
(b) the code comes into force on the date appointed by the Scottish Ministers by order, and
(c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.
(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.
(10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament, no account being taken of any period during which the Scottish Parliament is dissolved or is in recess for more than four days.
100C Code of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections
(1) The Commission must consult the following on a draft of a code under section 100A(1A)—
(a) Senedd Cymru (“the Senedd”);
(b) such other persons as the Commission consider appropriate.
(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—
(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and
(b) submit the draft to the Welsh Ministers for approval by the Welsh Ministers.
(3) The Welsh Ministers may approve a draft code either without modifications or with such modifications as the Welsh Ministers may determine.
(4) Once the Welsh Ministers have approved a draft code, they must lay a copy of the draft before the Senedd, whether—
(a) in its original form, or
(b) in a form which incorporates any modifications determined under subsection (3).
(5) If the draft code incorporates modifications, the Welsh Ministers must at the same time lay before the Senedd a statement of their reasons for making them.
(6) If, within the 40-day period, the Senedd resolves not to approve the draft code, the Welsh Ministers must take no further steps in relation to it.
(7) Subsection (6) does not prevent a new draft code from being laid before the Senedd.
(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—
(a) the Welsh Ministers must issue the code in the form of the draft laid before the Senedd,
(b) the code comes into force on the date appointed by the Welsh Ministers by order, and
(c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.
(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.
(10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Senedd, no account being taken of any period during which the Senedd is dissolved or is in recess for more than four days.
(1) Subject to the following provisions of this section, this Part applies to any referendum held throughout—
(a) the United Kingdom;
(b) one or more of England, Scotland, Wales and Northern Ireland; or
(c) any region in England specified in Schedule 1 to the Regional Development Agencies Act 1998.
(2) In this Part—
(a) “referendum” means a referendum or other poll held, in pursuance of any provision made by or under an Act of Parliament, on one or more questions specified in or in accordance with any such provision;
(b) “question” includes proposition (and “answer” accordingly includes response).
(3) A poll held under section 64 of the Government of Wales Act 2006 is not, however, to be taken to be a referendum falling within subsection (2).
(4) If the Secretary of State by order so provides—
(a) subsection (2) shall apply to any specified Bill which has been introduced into Parliament before the making of the order as if it were an Act; and
(b) any specified provisions of this Part shall apply, subject to any specified modifications, in relation to any specified referendum for which provision is made by the Bill.
(5) In subsection (4) “specified” means specified in the order under that subsection.
(1) For the purposes of this Part the referendum period for any referendum to which this Part applies shall be determined in accordance with this section.
(2) In the case of a referendum held in accordance with Schedule 1 to the Northern Ireland Act 1998, the referendum period—
(a) begins with the date when the draft of an order under that Schedule is laid before Parliament for approval by each House in accordance with section 96(2) of that Act; and
(b) ends with the date of the poll.
(3) In the case of a referendum held in pursuance of any provision made by or under any other Act, the referendum period shall (subject to subsections (4) and (5)) be such period as is provided for by or under that Act.
(4) In the case of a referendum to which an order under section 101(4) applies, the referendum period shall be such period (not exceeding six months) as may be specified in the order.
(5) If (apart from this subsection) the referendum period in a case within subsection (4) would end after the date of the poll, it shall instead end on that date.
(1) Where the date of the poll in the case of any referendum to which this Part applies falls to be fixed under any provision made by or under any Act, the date so fixed shall not be earlier than 28 days after the end of the period of 14 days mentioned in section 109(3).
(2) If an order under section 109(6) applies to the referendum, subsection (1) shall be read as referring to the period which by virtue of the order is to apply instead of that period of 14 days.
(1) Subsection (2) applies where a Bill is introduced into Parliament which—
(a) provides for the holding of a poll that would be a referendum to which this Part applies, and
(b) specifies the wording of the referendum question.
(2) The Commission shall consider the wording of the referendum question, and shall publish a statement of any views of the Commission as to the intelligibility of that question—
(a) as soon as reasonably practicable after the Bill is introduced, and
(b) in such manner as they may determine.
(3) Subsections (4) and (5) apply where the wording of the referendum question in the case of any poll that would be a referendum to which this Part applies falls to be specified in subordinate legislation within the meaning of the Interpretation Act 1978.
(4) If a draft of the instrument in question is to be laid before Parliament for approval by each House, the Secretary of State—
(a) shall consult the Commission on the wording of the referendum question before any such draft is so laid, and
(b) shall, at the time when any such draft is so laid, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
(5) If the instrument in question is to be subject to annulment in pursuance of a resolution of either House of Parliament, the Secretary of State—
(a) shall consult the Commission on the wording of the referendum question before making the instrument; and
(b) shall, at the time when the instrument is laid before Parliament, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
(6) Where any Bill, draft instrument or instrument to which subsection (2), (4) or (5) applies specifies not only the referendum question but also any statement which is to precede that question on the ballot paper at the referendum, any reference in that subsection to the referendum question shall be read as a reference to that question and that statement taken together.
(7) In this section “the referendum question” means the question or questions to be included in the ballot paper at the referendum.
(1) In this Part “permitted participant”, in relation to a particular referendum to which this Part applies, means—
(a) a registered party by whom a declaration has been made under section 106 in relation to the referendum; or
(b) any of the following by whom a notification has been given under section 106 in relation to the referendum, namely—
(i) any individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)), or
(ii) any body falling within any of paragraphs (b) and (d) to (h) of section 54(2).
(2) In this Part “responsible person” means—
(a) if the permitted participant is a registered party—
(i) the treasurer of the party, or
(ii) in the case of a minor party, the person for the time being notified to the Commission by the party in accordance with section 106(2)(b);
(b) if the permitted participant is an individual, that individual; and
(c) otherwise, the person or officer for the time being notified to the Commission by the permitted participant in accordance with section 106(4)(b)(ii).
106 Declarations and notifications for purposes of section 105.
(1) For the purposes of section 105(1) a registered party makes a declaration to the Commission under this section if the party makes a declaration to the Commission which identifies—
(a) the referendum to which it relates, and
(b) the outcome or outcomes for which the party proposes to campaign.
(2) A declaration under this section—
(a) must be signed by the responsible officers of the party (within the meaning of section 64); and
(b) if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II.
(3) For the purposes of section 105(1) an individual or body gives a notification to the Commission under this section if he or it gives the Commission a notification which identifies—
(a) the referendum to which it relates, and
(b) the outcome or outcomes for which the giver of the notification proposes to campaign.
(4) A notification under this section 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,
and be signed by him;
(b) 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, 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.
(5) If at any time before the end of the compliance period any of the statements which, in accordance with any provision of subsection (4), are contained in a notification under this section (as it has effect for the time being) ceases to be accurate, the permitted participant by whom the notification was given shall give the Commission a notification (“a notification of alteration”) indicating that that statement is replaced by some other statement—
(a) contained in the notification of alteration, and
(b) conforming with that provision of subsection (4).
(6) For the purposes of subsection (5)—
(a) “the compliance period” is the period during which any provisions of Chapter II remain to be complied with on the part of the permitted participant; and
(b) any reference to subsection (4) shall be read, in relation to a notification under subsection (2), as a reference to subsection (2).
(7) In this section and sections 108 and 109 “outcome”, in the case of a referendum, means a particular outcome in relation to any question asked in the referendum.
107 Register of declarations and notifications for purposes of section 105.
(1) The Commission shall maintain a register of—
(a) all declarations made to them under section 106; and
(b) all notifications given to them under that section.
(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 declaration or notification, all of the information supplied to the Commission in connection with it in pursuance of section 106.
(3) Where any declaration or notification is made or given to the Commission under section 106, they shall cause—
(a) the information mentioned in subsection (2) to be entered in the register, or
(b) in the case of a notification under section 106(5), any change required as a consequence of the notification to be made in the register,
as soon as is reasonably practicable.
(4) The information to be entered in the register in respect of a permitted participant who is an individual shall, however, not include his home address.
108 Designation of organisations to whom assistance is available.
(1) The Commission may, in respect of any referendum to which this Part applies, designate permitted participants as organisations to whom assistance is available in accordance with section 110.
(2) Where there are only two possible outcomes in the case of a referendum to which this Part applies, the Commission—
(a) may, in relation to each of those outcomes, designate one permitted participant as representing those campaigning for the outcome in question; but
(b) otherwise shall not make any designation in respect of the referendum.
(3) Where there are more than two possible outcomes in the case of a referendum to which this Part applies, the Secretary of State may, after consulting the Commission, by order specify the possible outcomes in relation to which permitted participants may be designated in accordance with subsection (4).
(4) In such a case the Commission—
(a) may, in relation to each of two or more outcomes specified in any such order, designate one permitted participant as representing those campaigning for the outcome in question; but
(b) otherwise shall not make any designation in respect of the referendum.
109 Applications for designation under section 108.
(1) A permitted participant seeking to be designated under section 108 must make an application for the purpose to the Commission.
(2) An application for designation must—
(a) be accompanied by information or statements designed to show that the applicant adequately represents those campaigning for the outcome at the referendum in relation to which the applicant seeks to be designated; and
(b) be made within the period of 28 days beginning with the first day of the referendum period.
(3) Where an application for designation has been made to the Commission in accordance with this section, the application must be determined by the Commission within the period of 14 days beginning with the day after the end of the period of 28 days mentioned in subsection (2)(b).
(4) If there is only one application in relation to a particular outcome at the referendum, the Commission shall designate the applicant unless—
(a) they are not satisfied that the applicant adequately represents those campaigning for that outcome; or
(b) they are prevented from making any designation by virtue of section 108(2)(b) or (4)(b).
(5) If there is more than one application in relation to a particular outcome at the referendum, the Commission shall designate whichever of the applicants appears to them to represent to the greatest extent those campaigning for that outcome unless—
(a) they are not satisfied that any of the applicants adequately represents those campaigning for that outcome; or
(b) they are prevented from making any designation by virtue of section 108(2)(b) or (4)(b).
(6) The Secretary of State may, in the case of any referendum to which this Part applies, by order provide for this section to have effect as if each, or either, of the periods of 28 and 14 days referred to in subsections (2) and (3) was instead such shorter or longer period as is specified in the order.
(7) In this section, in relation to a referendum, any reference to designation is to designation in respect of the referendum under section 108.
110 Assistance available to designated organisations.
(1) Where the Commission have made any designations under section 108 in respect of a referendum, assistance shall be available to the designated organisations in accordance with this section.
(2) The Commission shall make to each designated organisation a grant of the same amount, which shall be an amount not exceeding £600,000 determined by the Commission.
(3) A grant under subsection (2) may be made subject to such conditions as the Commission consider appropriate.
(4) Each designated organisation (or, as the case may be, persons authorised by the organisation) shall have the rights conferred by or by virtue of Schedule 12, which makes provision as to—
(a) the sending of referendum addresses free of charge;
(b) the use of rooms free of charge for holding public meetings; and
(c) referendum campaign broadcasts.
(5) In this section and Schedule 12 “designated organisation”, in relation to a referendum, means a person or body designated by the Commission under section 108 in respect of that referendum.
(1) The following provisions have effect for the purposes of this Part.
(2) “Referendum expenses”, in relation to a referendum to which this Part applies, means expenses incurred by or on behalf of any individual or body which are expenses falling within Part I of Schedule 13 and incurred for referendum purposes.
(3) “For referendum purposes” means—
(a) in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to any question asked in the referendum, or
(b) otherwise in connection with promoting or procuring any such outcome.
(4) “Referendum campaign” means a campaign such as is mentioned in subsection (3)(a); and “campaign organiser”, in relation to referendum expenses, means the individual or body by whom or on whose behalf the expenses are incurred.
(1) This section applies where, in the case of any individual or body—
(a) either—
(i) property is transferred to the individual or body 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 individual or body 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 individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body.
(1A) For the purposes of subsection (1)(b), property, services or facilities are made use of on behalf of an individual or body only if their use on behalf of the individual or body is directed, authorised or encouraged by the individual or body or (where the individual or body is a permitted participant) by the individual or body or the responsible person.
(2) Where this section applies, an amount of referendum expenses determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part, as incurred by the individual or body 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 individual or body 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 individual or body 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 an individual or body, 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 referendum expenses is treated, by virtue of subsection (2), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the period which is, in relation to the referendum to which the expenses relate, the referendum period then—
(a) the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the individual or body during the referendum period, and
(b) if a return falls to be prepared under section 120 in respect of referendum expenses incurred by or on behalf of the individual or body 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 referendum period.
(8) A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).
(9) No amount of referendum expenses shall be regarded as incurred by virtue of subsection (2) in respect of—
(a) the transmission by a broadcaster of a referendum campaign broadcast (within the meaning of section 127);
(b) the provision of any rights conferred on a designated organisation (or persons authorised by such an organisation) by virtue of section 110(4) and Schedule 12; or
(c) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
(10) Paragraph 2(5) and (6)(a) of Schedule 15 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to an individual or body.