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

(The document as of February, 2008)

-- Back --

Page 18

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

(a) paragraph 9 would (apart from this paragraph) impose a limit on controlled expenditure in relation to a period that would either be--

(i) a relevant period for the purposes of paragraph 9(3), or

(ii) a first relevant period for the purposes of paragraph 9(5); and

(b) any period ("the other controlled period") which is the relevant period for the purposes of any of paragraphs 4 to 8, but is not a period during which the parliamentary general election is pending, either--

(i) falls wholly within, or

(ii) ends at any time falling within,

the period mentioned in paragraph (a).

(2) In such a case--

(a) the limit imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and

(b) instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.

(3) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of--

(a) the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and

(b) the limit applying, by virtue of paragraph 4, 5, 6, 7 or 8 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4) For the purposes of this paragraph "the combined period" is the period which begins with whichever is the earlier of the following, namely--

(a) the beginning of the period which is the relevant period for the purposes of paragraph 4, 5, 6, 7 or 8 (as the case may be), and

(b) the beginning of the period mentioned in sub-paragraph (1)(a),

and ends at the end of the period mentioned in sub-paragraph (1)(a).

(5) Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 4, 5, 6, 7 or 8 in relation to any period which is a relevant period for the purposes of that paragraph.Combination of parliamentary general election and other election, or elections, falling within paragraphs 4 to 8

11 (1) This paragraph imposes a limit where--

(a) any period ("the other controlled period") which is the relevant period for the purposes of any of paragraphs 4 to 8 either--

(i) falls wholly within, or

(ii) ends at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to a parliamentary general election; and

(b) paragraph 9 does not apply in connection with those elections.

(2) In such a case--

(a) the limit imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and

(b) instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.

(3) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of--

(a) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and

(b) the limit applying by virtue of paragraph 4, 5, 6, 7 or 8 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.

(4) Where two or more periods ("the other controlled periods") which are relevant periods for the purposes of any of paragraphs 4, 5, 7 or 8--

(a) fall wholly within, or

(b) end at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).

(5) For the purposes of this paragraph "the combined period" is the period which begins with whichever is the earlier of the following, namely--

(a) the beginning of--

(i) the period which is the relevant period for the purposes of paragraph 4, 5, 6, 7 or 8 (as the case may be), or

(ii) where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of paragraph 4, 5, 7 or 8 is the first to begin, and

(b) the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,

and ends with the date of the poll for the parliamentary general election.

(6) Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 4, 5, 6, 7 or 8 in relation to any period which is a relevant period for the purposes of that paragraph.

Section 95.

SCHEDULE 11 Control of donations to recognised third parties

Part I Introductory

Operation and interpretation of Schedule

1 (1) This Schedule has effect for controlling donations to recognised third parties which either are not registered parties or are minor parties.

(2) The following provisions have effect for the purposes of this Schedule.

(3) In accordance with sub-paragraph (1), "recognised third party" does not include a recognised third party which is a registered party other than a minor party.

(4) "Relevant donation", in relation to a recognised third party, means a donation to the recognised third party for the purpose of meeting controlled expenditure incurred by or on behalf of that third party.

(5) "Donation" shall be construed in accordance with paragraphs 2 to 4.

(6) References to a permissible donor falling within section 54(2) do not include a registered party.

Donations: general rules

2 (1) "Donation", in relation to a recognised third party, means (subject to paragraph 4)--

(a) any gift to the recognised third party of money or other property;

(b) any sponsorship provided in relation to the recognised third party (as defined by paragraph 3);

(c) any money spent (otherwise than by or on behalf of the recognised third party) in paying any controlled expenditure incurred by or on behalf of the recognised third party;

(d) any money lent to the recognised third party otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the recognised third party (including the services of any person); and

(f) in the case of a recognised third party, other than an individual, any subscription or other fee paid for affiliation to, or membership of, the third party.

(2) Where--

(a) any money or other property is transferred to a recognised third party pursuant to any transaction or arrangement involving the provision by or on behalf of the recognised third party of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the recognised third party is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the recognised third party for the purposes of sub-paragraph (1)(a).

(3) In determining--

(a) for the purposes of sub-paragraph (1)(d) whether any money lent to a recognised third party is so lent otherwise than on commercial terms, or

(b) for the purposes of sub-paragraph (1)(e) whether any property, services or facilities provided for the use or benefit of a recognised third party is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities.

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.

(5) Anything given or transferred to any officer, member, trustee or agent of a recognised third party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the recognised third party (and references to donations received by a recognised third party accordingly include donations so given or transferred).

(6) In this paragraph--

(a) any reference to anything being given or transferred to a recognised third party includes a reference to its being given or transferred either directly or indirectly through any third person;

(b) "gift" includes bequest.

Sponsorship

3 (1) For the purposes of this Schedule sponsorship is provided in relation to a recognised third party if--

(a) any money or other property is transferred to the recognised third party or to any person for the benefit of the recognised third party, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)--

(i) to help the recognised third party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the recognised third party, or

(ii) to secure that to any extent any such expenses are not so incurred.

(2) In sub-paragraph (1) "defined expenses" means expenses in connection with--

(a) any conference, meeting or other event organised by or on behalf of the recognised third party,

(b) the preparation, production or dissemination of any publication by or on behalf of the recognised third party, or

(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)--

(a) the making of any payment in respect of--

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any other charge for access to, any publication;

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).

(5) In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Payments etc not to be regarded as donations

4 (1) None of the following shall be regarded as a donation--

(a) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge;

(b) any interest accruing to a recognised third party in respect of any donation which is dealt with by the responsible person in accordance with section 56(2)(a) or (b) (as applied by paragraph 7).

(2) Any donation whose value (as determined in accordance with paragraph 5) is not more than £200 shall be disregarded.

Value of donations

5 (1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.

(2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation shall be taken to be the difference between--

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the recognised third party.

(3) The value of any donation falling within paragraph 2(1)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

(4) The value of any donation falling within paragraph 2(1)(d) or (e) shall be taken to be the amount representing the difference between--

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities if--

(i) the loan had been made, or

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the recognised third party.

(5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation--

(a) shall be determined at the time when it is made, but

(b) shall be so determined by reference to the total benefit accruing to the donee over that period.

Part II Controls on donations

Prohibition on accepting donations from impermissible donors

6 (1) A relevant donation received by a recognised third party must not be accepted if--

(a) the person by whom the donation would be made is not, at the time of its receipt by the recognised third party, a permissible donor falling within section 54(2); or

(b) the recognised third party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.

(2) For the purposes of this Schedule, any relevant donation received by a recognised third party which is an exempt trust donation shall be regarded as a relevant donation received by the recognised third party from a permissible donor.

(3) But, for the purposes of this Schedule, any relevant donation received by a recognised third party from a trustee of any property (in his capacity as such) which is not--

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the recognised third party on behalf of beneficiaries under the trust who are--

(i) persons who at the time of its receipt by the recognised third party are permissible donors falling within section 54(2), or

(ii) the members of an unincorporated association which at that time is such a permissible donor,

shall be regarded as a relevant donation received by the recognised third party from a person who is not such a permissible donor.

(4) Where any person ("the principal donor") causes an amount ("the principal donation") to be received by a recognised third party by way of a relevant donation--

(a) on behalf of himself and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this Schedule each individual contribution by a person falling within paragraph (a) or (b) of more than £200 shall be treated as if it were a separate donation received from that person.

(5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the recognised third party, the responsible person is given--

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies; and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 10(1)(a).

(6) Where--

(a) any person ("the agent") causes an amount to be received by a recognised third party by way of a donation on behalf of another person ("the donor"), and

(b) the amount of the donation is more than £200,

the agent must ensure that, at the time when the donation is received by the recognised third party, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies.

(7) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6).

Acceptance or return of donations

7 (1) Sections 56 to 60 shall apply for the purposes of this Schedule in relation to a recognised third party and any relevant donation received by a recognised third party as they apply in relation to a registered party and any donation received by a registered party.

(2) In the application of sections 56 to 60 in accordance with sub-paragraph (1)--

(a) section 56(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 10(1)(c) (in relation to a donation to which that paragraph applies); and

(b) section 56(3) and (4) shall each have effect as if any reference to the treasurer of the party were construed as a reference to the responsible person.

Evasion of restrictions on donations

8 Section 61 shall apply for the purposes of this Schedule as if--

(a) any reference to donations were to relevant donations;

(b) any reference to a registered party were a reference to a recognised third party; and

(c) any reference to the treasurer of a registered party were, in relation to a recognised third party, a reference to the responsible person.

Part III Reporting of donations

Statement of relevant donations

9 The recognised third party must include in any return required to be prepared under section 96 a statement of relevant donations received in respect of the relevant election or elections (within the meaning of that section) which complies with paragraphs 10 and 11.

Donations from permissible donors

10 (1) The statement must record, in relation to each relevant donation falling within sub-paragraph (2) which is accepted by the recognised third party--

(a) 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;

(b) the date when the donation was accepted by the recognised third party; and

(c) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6.

(2) Sub-paragraph (1) applies to a relevant donation where--

(a) the value of the donation is more than £5,000, or

(b) the value of the donation, when added to the value of any other donation or donations made by the same donor (whether or not falling within paragraph (a)), is more than that amount.

(3) The statement must also record--

(a) the total value of any relevant donations, other than those falling within sub-paragraph (2), which are accepted by the recognised third party; and

(b) such other information as may be required by regulations made by the Commission.

Donations from impermissible donors

11 (1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).

(2) Where paragraph 6(1)(a) applies, the statement must record--

(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.

(3) Where paragraph 6(1)(b) applies, the statement must record--

(a) details of the manner in which the donation 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.

(4) In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 7.

Section 110.

SCHEDULE 12 Assistance available to designated organisations

Right to send referendum address post free

1 (1) A designated organisation is, subject to such reasonable terms and conditions as the universal service provider concerned may specify, entitled to send free of any charge for postage which would otherwise be made by a universal service provider either--

(a) one unaddressed postal communication, containing matter relating to the referendum only and not exceeding 60 grammes in weight, to each place in the referendum area which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this sub-paragraph; or

(b) one such postal communication addressed to each person entitled to vote at the referendum.

(2) A designated organisation is also, subject to any such terms and conditions, entitled to send free of any such charge for postage to each person entered in the list of proxies for the referendum one such postal communication for each appointment in respect of which that person is so entered.

(3) Section 200A of the [1983 c. 2.] Representation of the People Act 1983 (remuneration of universal service provider for free postal services rendered in relation to parliamentary elections) shall apply in relation to a postal service rendered by a universal service provider in pursuance of this paragraph as it applies in relation to a postal service rendered by such a provider in pursuance of that Act.

(4) In this paragraph--

"the referendum area" means the area throughout which the referendum is being held;
"universal service provider" has the same meaning as in the [2000 c. 26.] Postal Services Act 2000.

(5) If this paragraph comes into force at a time when the amendments made to section 91 of the Representation of the People Act 1983 by the Postal Services Act 2000 have not come into force, then until such time as those amendments come into force, this paragraph shall have effect subject to such modifications as may be specified in the order under section 163 of this Act which brings this paragraph into force.

Right to use rooms for holding public meetings

2 (1) Subject to the provisions of this paragraph, persons authorised by a designated organisation are entitled for the purpose of holding public meetings in furtherance of the organisation's referendum campaign to the use free of charge, at reasonable times during the relevant period, of--

(a) a suitable room in the premises of a school to which this paragraph applies in accordance with sub-paragraph (2);

(b) any meeting room to which this paragraph applies in accordance with sub-paragraph (3).

For this purpose "the relevant period" means the period of 28 days ending with the day before the date of the poll.

(2) This paragraph applies--

(a) in England and Wales, to community, foundation and voluntary schools whose premises are situated in the referendum area, and

(b) in Scotland, to any school whose premises are so situated, other than an independent school within the meaning of the [1980 c. 44.] Education (Scotland) Act 1980.

(3) This paragraph applies to meeting rooms situated in the referendum area the expense of maintaining which is payable wholly or mainly out of public funds or by any local authority, or by a body whose expenses are so payable.

(4) Where a room is used for a meeting in pursuance of the rights conferred by this paragraph, the person by whom or on whose behalf the meeting is convened--

(a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b) shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5) A person is not entitled to exercise the rights conferred by this paragraph except on reasonable notice; and this paragraph does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6) For the purposes of this paragraph (except those of paragraph (b) of sub-paragraph (4)), the premises of a school shall not be taken to include any private dwelling, and in this paragraph--

"dwelling" includes any part of a building where that part is occupied separately as a dwelling;
"meeting room" means any room which it is the practice to let for public meetings; and
"room" includes a hall, gallery or gymnasium.

(7) In this paragraph "the referendum area" means the area throughout which the referendum is being held.

(8) Neither this paragraph, nor paragraph 3, applies to Northern Ireland.

Supplementary provisions about use of rooms for public meetings

3 (1) This paragraph has effect with respect to the rights conferred by paragraph 2 and the arrangements to be made for their exercise.

(2) Any arrangements for the use of a room in school premises shall be made--

(a) with the local education authority (or, in Scotland, education authority) maintaining the school, or

(b) in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school.

(3) Any question as to the rooms in school premises which a person authorised by a designated organisation is entitled to use, or as to the times at which he is entitled to use them, or as to the notice which is reasonable, shall be determined by the Secretary of State.

(4) Any person authorised by a designated organisation is entitled at all reasonable hours to inspect--

(a) any lists prepared in pursuance of paragraph 4 or 6 of Schedule 5 to the Representation of the [1983 c. 2.] People Act 1983 (use of rooms for parliamentary election meetings), or

(b) a copy of any such lists,

in connection with exercising the rights conferred by paragraph 2.

Referendum campaign broadcasts

4 (1) Sections 36(1) and (2) and 107(1) of the [1990 c. 42.] Broadcasting Act 1990 (party political broadcasts) shall apply in relation to referendum campaign broadcasts by designated organisations as they apply in relation to party political broadcasts.

(2) Without prejudice to section 36(1)(b) or 107(1)(b) of the 1990 Act, as it applies in accordance with sub-paragraph (1), the licensing body may determine the length and frequency of the broadcasts which are to be included in a licensed service by virtue of conditions included in a licence by virtue of sub-paragraph (1).

(3) Any rules made by the licensing body for the purposes of section 36 or 107 of the 1990 Act, as it applies in accordance with sub-paragraph (1), may make different provision for different cases or circumstances.

(4) Before making any such rules the licensing body shall have regard to any views expressed by the Electoral Commission for the purposes of this sub-paragraph.

(5) As soon as practicable after the commencement of this paragraph the licensing body shall, in the case of each licence in force at that commencement in which conditions are to be included by virtue of sub-paragraph (1)--

(a) determine the conditions which are to be so included;

(b) notify the licence holder of those conditions; and

(6) The British Broadcasting Corporation and Sianel Pedwar Cymru shall each, in determining its policy with respect to referendum campaign broadcasts by designated organisations, have regard to any views expressed by the Electoral Commission for the purposes of this sub-paragraph.

(7) In this paragraph--

"the 1990 Act" means the [1990 c. 42.] Broadcasting Act 1990;
"licence" means--
(a)
in the context of section 36 of the 1990 Act, a regional Channel 3 licence or a licence to provide Channel 4 or 5 (each within the meaning of Part I of that Act), or
(b)
in the context of section 107 of the 1990 Act, a national licence (within the meaning of Part III of that Act),

and "licensed" shall be construed accordingly;
"the licensing body" means the Independent Television Commission or (as the case may be) the Radio Authority;
"referendum campaign broadcast" has the same meaning as in section 127.

Section 111.

SCHEDULE 13 Referendum expenses: qualifying expenses

Part I Qualifying expenses

Expenses qualifying where incurred for referendum purposes

1 For the purposes of section 111(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

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

-- Back --

Stat