Political Parties, Elections and Referendums Act 2000 (c. 41)

(The document as of February, 2008)

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(a) prepare a report under this paragraph in respect of each controlled donation accepted by the donee which is a recordable donation; and

(b) deliver the report to the Commission within the period of 30 days beginning with the date of acceptance of the donation.

(2) For the purposes of this paragraph a controlled donation is a recordable donation--

(a) if it is a donation of more than £5,000 (where the donee is a members association) or £1,000 (in any other case); or

(b) if, when it is added to any other controlled donation or donations accepted by the donee--

(i) which have been made by the same permissible donor and in the same calendar year, and

(ii) in respect of which no report has been previously made under this paragraph,

the aggregate amount of the donations is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).

(3) Each report prepared by virtue of sub-paragraph (1) must--

(a) give the name and address of the donee; and

(b) if he is the holder of a relevant elective office, specify the office in question.

(4) Each such report must also give--

(a) such information as is required to be given, in the case of a report prepared by virtue of section 62 by virtue of paragraphs 2 and 4 of Schedule 6;

(b) the date when the donation was accepted by the donee, and

(5) In the application of paragraphs 2 and 4 of Schedule 6 in accordance with sub-paragraph (4) above--

(a) any reference to a recordable donation within the meaning of that Schedule shall be construed as a reference to a recordable donation within the meaning of this paragraph;

(b) any reference to section 55(2) or to section 55(3) shall be construed as a reference to paragraph 7(2) above or to paragraph 7(3) above respectively; and

(6) In the case of a donation to which paragraph 7(2) applies, sub-paragraph (2)(b) above shall have effect as if for "by the same permissible donor" there were substituted "in circumstances falling within paragraph 7(2)".

(7) In the case of a donation to which paragraph 7(3) applies--

(a) sub-paragraph (2)(b) above shall have effect as if for "by the same permissible donor" there were substituted "in circumstances falling within paragraph 7(3) by the same donor"; and

(b) any report prepared by virtue of sub-paragraph (1) above in respect of the donation must give--

(i) the date or dates on or between which the visit to which the donation relates took place, and

(ii) the destination and purpose of the visit.

Donation reports: donations from impermissible or unidentifiable donors

11 (1) A regulated donee shall--

(a) prepare a report under this paragraph in respect of each controlled donation received by the donee and falling within paragraph 6(1)(a) or (b); and

(b) deliver the report to the Commission within the period of 30 days beginning with the date when the donation was dealt with in accordance with section 56(2)(a) or (b).

(2) Each such report must--

(a) give the name and address of the donee; and

(b) if he is the holder of a relevant elective office, specify the office in question.

(3) Each such report in respect of a donation falling within paragraph 6(1)(a) must also give--

(a) the name and address of the donor;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a); and

(d) such other information as is required by regulations made by the Commission.

(4) Each such report in respect of a donation falling within paragraph 6(1)(b) must also give--

(a) details of the manner in which it was made;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b); and

(d) such other information as is required by regulations made by the Commission.

(5) In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 8.

Offence of failing to deliver donation report

12 (1) Where a report required to be delivered to the Commission under paragraph 10(1) or 11(1) is not delivered by the end of the period of 30 days mentioned in that provision--

(a) the regulated donee, or

(b) (if a members association) the responsible person,

is guilty of an offence.

(2) If such a report is delivered to the Commission which does not comply with any requirements of paragraph 10 or 11 as regards the information to be given in such a report--

(a) the regulated donee, or

(b) (if a members association) the responsible person,

is guilty of an offence.

(3) Where a person is charged with an offence under this paragraph, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any requirements--

(a) as regards the preparation and delivery of a report in respect of the donation in question, or

(b) as regards the information to be given in the report in question,

as the case may be, were complied with in relation to that donation or report.

(4) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to the regulated donee was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the donee of an amount equal to the value of the donation.

(5) The following provisions, namely--

(a) subsections (3) to (5) of section 58, and

(b) sections 59 and 60,

shall apply for the purposes, or in connection with the operation, of sub-paragraph (4) in relation to a regulated donee as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.

Declaration in donation report

13 (1) Each report under paragraph 10 or 11 must, when delivered to the Commission, be accompanied by a declaration made by--

(a) the regulated donee, or

(b) (if a members association) the responsible person,

which complies with sub-paragraph (2) or (3).

(2) In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant's knowledge and belief, any donation recorded in the report as having been accepted by the donee was from a permissible donor.

(3) In the case of a report under paragraph 11, the declaration must state that, to the best of the declarant's knowledge and belief, the donation recorded in the report as having been received by the donee, or a payment of an equivalent amount, has been returned to the donor or otherwise dealt with in accordance with the provisions of Chapter II of Part IV of this Act.

(4) A person commits an offence if he knowingly or recklessly makes a false declaration under this paragraph.

Part IV Reporting of donations by donors

14 (1) This paragraph applies where a person ("the donor") has during the course of a calendar year made small donations to a regulated donee whose aggregate value is more than £5,000 (where the donee is a members association) or £1,000 (in any other case).

(2) The donor must make a report to the Commission in respect of the donations which gives the following details--

(a) the aggregate value of the donations and the year in which they were made;

(b) the name of the regulated donee to whom they were made; and

(c) the full name and address of the donor (if an individual) and (in any other case) the details required by virtue of paragraph 2 of Schedule 6 in respect of the donor of a recordable donation.

(3) The report must be delivered to the Commission by 31st January in the year following that in which the donations were made.

(4) The report must, when delivered to the Commission, be accompanied by a declaration by the donor stating--

(a) that small donations whose aggregate value was that specified in the report were made by him to the specified regulated donee during the specified year, and

(b) that no other small donations were made by him to that regulated donee during that year.

(5) A person commits an offence if--

(a) he delivers a report under this paragraph which does not comply with sub-paragraph (2);

(b) he fails to deliver such a report in accordance with sub-paragraph (3) or such a report, when delivered by him, is not accompanied by a declaration under sub-paragraph (4); or

(6) In this paragraph--

(a) "small donation" means a controlled donation whose value is not more than £200; and

(b) "specified" means specified in the report in question.

Part V Register of donations

Register of recordable donations

15 (1) Section 69 shall apply in relation to donations reported to the Commission under this Schedule ("relevant donations") as it applies to donations reported to them under Chapter III of Part IV of this Act.

(2) But in its application in accordance with sub-paragraph (1), section 69 shall have effect with the modifications set out in sub-paragraph (3).

(3) Those modifications are as follows--

(a) subsection (2) shall have effect in relation to a relevant donation as if (instead of requiring the register to contain the details mentioned in paragraphs (a) to (c) of that subsection) it required the register to contain such details as have been given in relation to the donation in pursuance of paragraph 10(3), 10(4), 11(2), 11(3) or 11(4); and

(b) subsection (3) shall be read as referring to paragraph 14 and sub-paragraph (2) of that paragraph instead of to section 68 and subsection (2) of that section.

Part VI Power to make special provision

Exemption from disclosure

16 (1) The power conferred by section 70(1)(b) shall include power to make provision for disapplying any specified provisions of Part IV of this Act, for such period as is specified, in relation to regulated donees who are--

(a) individuals ordinarily resident in Northern Ireland; or

(b) members associations wholly or mainly consisting of members of a Northern Ireland party.

(2) Each order under section 70(1)(b) (as applied by sub-paragraph (1)) shall be so made as to--

(a) apply to every person or members association falling within sub-paragraph (1)(a) or (b), and

(b) make the same provision with respect to every such person or members association.

(3) In this paragraph "specified" and "Northern Ireland party" have the same meaning as in section 70.

Section 72.

SCHEDULE 8 Campaign expenditure: qualifying expenses

Part I Qualifying expenses

Expenses qualifying where incurred for election purposes

1 For the purposes of section 72(2) the expenses falling within this Part of this Schedule are expenses incurred in respect of any of the matters set out in the following list.

List of matters

(1)

Party political broadcasts.

Expenses in respect of such broadcasts include agency fees, design costs and other costs in connection with preparing or producing such broadcasts.

(2)

Advertising of any nature (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

(3)

Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area or areas).

Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

(4)

Any manifesto or other document setting out the party's policies.

Expenses in respect of such a document include design costs and other costs in connection with preparing or producing or distributing or otherwise disseminating any such document.

(5)

Market research or canvassing conducted for the purpose of ascertaining polling intentions.

(6)

The provision of any services or facilities in connection with press conferences or other dealings with the media.

(7)

Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with an election campaign.

Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the period during which the election campaign is being conducted.

(8)

Rallies and other events, including public meetings (but not annual or other party conferences) organised so as to obtain publicity in connection with an election campaign or for other purposes connected with an election campaign.

Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.

Exclusions

2 Nothing in paragraph 1 shall be taken as extending to--

(a) any expenses in respect of newsletters or similar publications issued by or on behalf of the party with a view to giving electors in a particular electoral area information about the opinions or activities of, or other personal information relating to, their elected representatives or existing or prospective candidates;

(b) any expenses incurred in respect of unsolicited material addressed to party members;

(c) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(d) any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the party; or

(e) any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.

Part II Supplemental

Guidance by Commission

3 (1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within Part I of this Schedule.

(2) Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval.

(3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.

(4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether--

(a) in its original form, or

(b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

(5) If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code.

(7) If no such resolution is made within the 40-day period--

(a) the Secretary of State shall issue the code in the form of the draft laid before Parliament, and

(b) the code shall come into force on such date as the Secretary of State may by order appoint;

and the Commission shall arrange for it to be published in such manner as they consider appropriate.

(8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

(9) In this paragraph "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.

(10) In this paragraph references to a draft code include a draft revised code.

Power to amend Part I

4 (1) The Secretary of State may by order make such amendments of Part I of this Schedule as he considers appropriate.

(2) The Secretary of State may make such an order either--

(a) where the order gives effect to a recommendation of the Commission; or

(b) after consultation with the Commission.

Section 79.

SCHEDULE 9 Limits on campaign expenditure

Part I Introductory

Interpretation

1 (1) In this Schedule--

(a) "an ordinary general election to the Scottish Parliament" means an election held under section 2 of the [1998 c. 46.] Scotland Act 1998;

(b) "an extraordinary general election to the Scottish Parliament" means an election held under section 3 of the [1998 c. 46.] Scotland Act 1998;

(c) "an ordinary election to the Welsh Assembly" means an election held under section 3 of the [1998 c. 38.] Government of Wales Act 1998;

(d) "an ordinary general election to the Northern Ireland Assembly" means an election held under section 31 of the [1998 c. 47.] Northern Ireland Act 1998; and

(e) "an extraordinary general election to the Northern Ireland Assembly" means an election held under section 32 of the [1998 c. 47.] Northern Ireland Act 1998.

(2) For the purposes of this Schedule a registered party--

(a) contests a constituency if any candidate stands for election for that constituency in the name of the party; and

(b) contests any region if the party is included in the statement of parties and candidates nominated for that region.

(3) For the purposes of this Schedule a parliamentary general election is pending during the period--

(a) beginning with the date on which Her Majesty's intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b) ending with the date of the poll for that election.

Attribution of expenditure to different parts of the United Kingdom

2 (1) For the purposes of this Schedule--

(a) campaign expenditure incurred by or on behalf of a party registered in the Great Britain register shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland and Wales in proportion to the number of parliamentary constituencies for the time being situated in that part of Great Britain; and

(b) campaign expenditure incurred by or on behalf of a party registered in the Northern Ireland register shall be attributed solely to Northern Ireland.

(2) Campaign expenditure whose effects are wholly or substantially confined to any particular parts or part of Great Britain--

(a) shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or

(b) shall be attributed solely to that part,

as the case may be.

(3) For the purposes of sub-paragraph (2) the effects of campaign expenditure are wholly or substantially confined to any particular parts or part of Great Britain if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of Great Britain).

(4) References in this Schedule to campaign expenditure "in" a particular part of the United Kingdom are accordingly to campaign expenditure which is to be attributed to that part in accordance with this paragraph.

Part II General limits

Parliamentary general elections

3 (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at a parliamentary general election.

(2) Where a registered party contests one or more constituencies in England, Scotland or Wales, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of Great Britain is--

(a) £30,000 multiplied by the number of constituencies contested by the party in that part of Great Britain; or

(b) if greater, the appropriate amount specified in sub-paragraph (3).

(3) The appropriate amount is--

(a) in relation to England, £810,000;

(b) in relation to Scotland, £120,000; and

(4) Where a registered party contests one or more constituencies in Northern Ireland, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in Northern Ireland is £30,000 multiplied by the number of constituencies contested by the party there.

(5) Sub-paragraph (6) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.

(6) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) or (4) (as the case may be) shall, instead of being the amount specified in that provision, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (5).

(7) For the purposes of this paragraph the relevant period is--

(a) (subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;

(b) where the election ("the election in question") follows another parliamentary general election held less than 365 days previously, the period--

(i) beginning with the day after the date of the poll for the earlier election, and

(ii) ending with the date of the poll for the election in question.

General elections to European Parliament

4 (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which stands for election or (as the case may be) in whose name candidates stand for election at a general election to the European Parliament.

(2) Where at the election a registered party stands for election in only one electoral region in England, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in England is £45,000 multiplied by the number of MEPs to be returned for that region at the election.

(3) Where at the election a registered party stands for election in two or more electoral regions in England, the limit applying to campaign expenditure incurred by or on behalf of the party in the relevant period in England is £45,000 multiplied by the total number of MEPs to be returned for those regions, taken together.

(4) Where at the election--

(a) a registered party stands for election in Scotland or Wales, or

(b) one or more candidates stand for election in Northern Ireland in the name of a registered party,

the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of the United Kingdom is £45,000 multiplied by the number of MEPs to be returned for that part of the United Kingdom at the election.

(5) For the purposes of this paragraph the relevant period is the period of four months ending with the date of the poll for the election.

General elections to Scottish Parliament

5 (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary or extraordinary general election to the Scottish Parliament.

(2) The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Scotland is--

(a) £12,000 for each constituency contested by the party; plus

(b) £80,000 for each region contested by the party.

(3) In the case of an ordinary general election, "the relevant period" for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.

(4) In sub-paragraph (3) "the appropriate date" means the date which falls four months before the date of the poll where--

(a) the date of the poll is that determined by section 2(2) of the [1998 c. 46.] Scotland Act 1998; or

(b) no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or

(c) no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above "the appropriate date" means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.

(5) In the case of an extraordinary general election, "the relevant period" for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the [1998 c. 46.] Scotland Act 1998 and ending with the date of the poll for the election.

Ordinary elections to Welsh Assembly

6 (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary election to the Welsh Assembly.

(2) The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Wales is--

(a) £10,000 for each constituency contested by the party; plus

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