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

(The document as of February, 2008)

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(5) Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.

(6) Subsection (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that subsection.

(7) Subsections (7) to (10) of section 77 shall apply for the purposes of this section as if--

(a) any reference to subsection (1), (2) or (4) of that section were a reference to subsection (1), (2) or (4) above; and

(b) any reference to campaign expenditure were a reference to referendum expenses; and

(c) any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant.

116 Disputed claims

(1) This section applies where--

(a) a claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant as mentioned in section 115(1) is sent to--

(i) the responsible person, or

(ii) any other person with whose authority it is alleged that the expenditure was incurred,

within the period allowed under that provision; and

(b) the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 115(2);

and the claim is referred to in this section as "the disputed claim".

(2) The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 115(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.

(3) For the purposes of this section--

(a) subsections (4) and (5) of section 115 shall apply in relation to an application made by the person mentioned in subsection (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under section 115(1); and

(b) subsections (7) and (8) of section 77 shall apply as if any reference to subsection (4) of that section were a reference to section 115(4) as applied by paragraph (a) above.

Financial limits

117 General restriction on referendum expenses

(1) The total referendum expenses incurred by or on behalf of any individual or body during the referendum period in the case of a particular referendum to which this Part applies must not exceed £10,000 unless the individual or body is a permitted participant.

(2) Where--

(a) during the referendum period any referendum expenses are incurred by or on behalf of any individual in excess of the limit imposed by subsection (1), and

(b) he is not a permitted participant,

he is guilty of an offence if he knew, or ought reasonably to have known, that the expenses were being incurred in excess of that limit.

(3) Where--

(a) during the referendum period any referendum expenses are incurred by or on behalf of any body in excess of the limit imposed by subsection (1), and

(b) the body is not a permitted participant,

any person who authorised the expenses to be incurred by or on behalf of the body is guilty of an offence if he knew, or ought reasonably to have known, that the expenses would be incurred in excess of that limit.

(4) Where subsection (3)(a) and (b) apply, the body in question is also guilty of an offence.

(5) Where--

(a) at any time before the beginning of any referendum period, any expenses within section 111(2) are incurred by or on behalf of an individual or body in respect of any property, services or facilities, but

(b) the property, services or facilities is or are made use of by or on behalf of the individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 111(2) have constituted referendum expenses incurred by or on behalf of the individual or body during that period,

the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section as referendum expenses incurred by or on behalf of the individual or body during that period.

(6) For the purposes of subsection (5) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).

118 Special restrictions on referendum expenses by permitted participants

(1) Schedule 14 has effect for imposing, in connection with a referendum to which this Part applies, limits on referendum expenses incurred by or on behalf of permitted participants during the referendum period in the case of that referendum.

(2) Where any referendum expenses are incurred by or on behalf of a permitted participant during any such period in excess of any limit imposed by Schedule 14, then--

(a) if the permitted participant is a registered party falling within section 105(1)(a)--

(i) the responsible person or any deputy treasurer of the party is guilty of an offence if he authorised the expenses to be incurred by or on behalf of the party and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and

(ii) the party is also guilty of an offence;

(b) if the permitted participant is an individual falling within section 105(1)(b), that individual is guilty of an offence if he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit;

(i) the responsible person is guilty of an offence if he authorised the expenses to be incurred by or on behalf of the body and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and

(ii) the body is also guilty of an offence.

(3) It shall be a defence for a permitted participant or other person charged with an offence under subsection (2) to show--

(a) that any code of practice for the time being issued under paragraph 3 of Schedule 13 was complied with in determining the items and amounts of referendum expenses to be entered in the relevant return under section 120, and

(b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.

(4) Section 117(5) and (6) shall apply, for the purposes of this section, sections 120 to 123 and Schedule 14, in relation to an individual or body that has become a permitted participant as they apply for the purposes of section 117 in relation to an individual or body that is not a permitted participant.

(5) For the purposes of this section and sections 120 to 123 and Schedule 14, any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant.

Donations to permitted participants

119 Control of donations to permitted participants

Schedule 15 has effect for controlling donations to permitted participants that either are not registered parties or are minor parties.

Returns

120 Returns as to referendum expenses

(1) Where--

(a) any referendum expenses are incurred by or on behalf of a permitted participant during any referendum period (within the meaning of section 102), and

(b) that period ends,

the responsible person shall make a return under this section in respect of the referendum expenses incurred by or on behalf of the permitted participant during that period.

(2) A return under this section must specify the referendum to which the expenditure relates and must contain--

(a) a statement of all payments made in respect of referendum expenses incurred by or on behalf of the permitted participant during the referendum period in question;

(b) a statement of all disputed claims (within the meaning of section 116);

(c) a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to a court under section 115(4); and

(d) in a case where the permitted participant either is not a registered party or is a minor party, a statement of relevant donations received in respect of the referendum which complies with the requirements of paragraphs 10 and 11 of Schedule 15.

(3) A return under this section must be accompanied by--

(a) all invoices or receipts relating to the payments mentioned in subsection (2)(a); and

(b) in the case of any referendum expenses treated as incurred by virtue of section 112, any declaration falling to be made with respect to those expenses in accordance with section 112(6).

(4) Subsections (2) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time.

(5) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.

(6) In this section "relevant donation" has the same meaning as in Schedule 15.

121 Auditor's report on return

(1) Where during any referendum period the referendum expenses incurred by or on behalf of a permitted participant exceed £250,000, a report must be prepared by a qualified auditor on the return prepared under section 120 in respect of those expenses.

(2) The following provisions, namely--

(a) section 43(6) and (7), and

(b) section 44,

shall apply in relation to the appointment of an auditor to prepare a report under subsection (1) or (as the case may be) an auditor so appointed as they apply in relation to the appointment of an auditor to carry out an audit under section 43 or (as the case may be) an auditor so appointed.

122 Delivery of returns to Commission

(1) Where--

(a) any return falls to be prepared under section 120 in respect of referendum expenses incurred by or on behalf of a permitted participant, and

(b) an auditor's report on it falls to be prepared under section 121(1),

the responsible person shall deliver the return to the Commission, together with a copy of the auditor's report, within six months of the end of the relevant referendum period.

(2) In the case of any other return falling to be prepared under section 120, the responsible person shall deliver the return to the Commission within three months of the end of the relevant referendum period.

(3) Where after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 115(4) for any claim to be paid, the responsible person shall, within seven days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave accompanied by a copy of the court order giving the leave.

(4) The responsible person commits an offence if, without reasonable excuse, he--

(a) fails to comply with the requirements of subsection (1) or (2) in relation to a return under section 120;

(b) delivers a return which does not comply with the requirements of section 120(2) or (3); or

123 Declaration of responsible person as to return under section 120

(1) Each return prepared under section 120 in respect of referendum expenses incurred by or on behalf of a permitted participant must be accompanied by a declaration which complies with subsection (2) and is signed by the responsible person.

(2) The declaration must state--

(a) that the responsible person has examined the return in question;

(b) that to the best of his knowledge and belief--

(i) it is a complete and correct return as required by law, and

(ii) all expenses shown in it as paid have been paid by him or a person authorised by him.

(3) The declaration must also state, in a case where the permitted participant either is not a registered party or is a minor party, that--

(a) all relevant donations recorded in the return as having been accepted by the permitted participant are from permissible donors, and

(b) no other relevant donations have been accepted by the permitted participant.

(4) A person commits an offence if--

(a) he knowingly or recklessly makes a false declaration under this section; or

(b) subsection (1) is contravened at a time when he is the responsible person in the case of the permitted participant to which the return relates.

(5) In this section "relevant donation" has the same meaning as in Schedule 15.

124 Public inspection of returns under section 120

(1) Where the Commission receive any return under section 120 they shall--

(a) as soon as reasonably practicable after receiving the return, make a copy of the return and of the documents accompanying it available for public inspection; and

(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.

(2) If the return contains a statement of relevant donations in accordance with section 120(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include, in the case of any donation by an individual, the donor's address.

(3) At the end of the period of two years beginning with the date when any return or other document mentioned in subsection (1) is received by the Commission--

(a) they may cause the return or other document to be destroyed; but

(b) if requested to do so by the responsible person in the case of the permitted participant concerned, they shall arrange for the return or other document to be returned to that person.

Chapter III Controls on Publications

125 Restriction on publication etc. of promotional material by central and local government etc

(1) This section applies to any material which--

(a) provides general information about a referendum to which this Part applies;

(b) deals with any of the issues raised by any question on which such a referendum is being held;

(d) is designed to encourage voting at such a referendum.

(2) Subject to subsection (3), no material to which this section applies shall be published during the relevant period by or on behalf of--

(a) any Minister of the Crown, government department or local authority; or

(b) any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.

(3) Subsection (2) does not apply to--

(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it;

(b) anything done by or on behalf of the Commission or a person or body designated under section 108 (designation of organisations to whom assistance is available);

(d) the issue of press notices;

and subsection (2)(b) shall not be taken as applying to the British Broadcasting Corporation or Sianel Pedwar Cymru.

(4) In this section--

(a) "publish" means make available to the public at large, or any section of the public, in whatever form and by whatever means (and "publication" shall be construed accordingly);

(b) "the relevant period", in relation to a referendum, means the period of 28 days ending with the date of the poll.

126 Details to appear on referendum material

(1) No material wholly or mainly relating to a referendum to which this Part applies shall be published during the referendum period unless--

(a) in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.

(2) For the purposes of subsections (3) to (5) the following details are "the relevant details" in the case of any material falling within subsection (1)(a), namely--

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(3) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(4) Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.

(5) Where the material is an advertisement contained in a newspaper or periodical--

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and

(b) the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.

(6) The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely--

(a) the name and address of the promoter of the material; and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(7) Regulations under subsection (6) may in particular specify--

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which--

(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.

(8) Where during the referendum period any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))--

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

shall be guilty of an offence.

(9) Where during the referendum period any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))--

(a) the promoter of the material, and

(b) any other person by whom the material is so published,

shall be guilty of an offence.

(10) It shall be a defence for a person charged with an offence under this section to prove--

(a) that the contravention of subsection (1) arose from circumstances beyond his control; and

(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(11) In this section--

"print" means print by whatever means, and "printer" shall be construed accordingly;
"the promoter", in relation to any material falling within subsection (1), means the person causing the material to be published;
"publish" means make available to the public at large, or any section of the public, in whatever form and by whatever means.

127 Referendum campaign broadcasts

(1) A broadcaster shall not include in its broadcasting services any referendum campaign broadcast made on behalf of any person or body other than one designated in respect of the referendum in question under section 108.

(2) In this section "referendum campaign broadcast" means any broadcast whose purpose (or main purpose) is or may reasonably be assumed to be--

(a) to further any campaign conducted with a view to promoting or procuring a particular outcome in relation to any question asked in a referendum to which this Part applies, or

(b) otherwise to promote or procure any such outcome.

Chapter IV Conduct of referendums

128 Chief Counting Officers, and counting officers, for referendums

(1) This section has effect in relation to any referendum to which this Part applies.

(2) There shall be a Chief Counting Officer for the referendum, who (subject to subsection (8)) shall be--

(a) the chairman of the Commission, or

(b) if the chairman of the Commission appoints some other person to act as Chief Counting Officer for the referendum, the person so appointed.

(3) The Chief Counting Officer for the referendum shall appoint a counting officer for each relevant area in Great Britain.

(4) The local authority in the case of each such area shall place the services of their officers at the disposal of the counting officer for the area for the purpose of assisting him in the discharge of his functions.

(5) Each counting officer shall, as respects the votes cast in the area for which he is appointed, certify--

(a) the number of ballot papers counted by him, and

(b) the number of votes cast in favour of each answer to a question asked in the referendum.

(6) The Chief Counting Officer shall certify--

(a) the total number of ballot papers counted, and

(b) the total number of votes cast in favour of each answer to a question asked in the referendum,

in the whole of the referendum area.

(7) Where two or more forms of ballot paper are used in the referendum, a separate number shall be certified under subsection (5)(a) or (6)(a) in relation to each form of ballot paper so used.

(8) Where the referendum is held in Northern Ireland, the Chief Electoral Officer for Northern Ireland--

(a) shall be the Chief Counting Officer for the referendum if it is held only in Northern Ireland, and

(b) in any other case shall be treated, for the purposes of subsection (5), as if he were a counting officer appointed under this section for the whole of Northern Ireland.

(9) In this section--

(a) "relevant area in Great Britain" means any of the following--

(i) a district in England or a London borough,

(ii) the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly,

(iii) a local government area in Scotland, or

(iv) a county or county borough in Wales,

where it is comprised in the referendum area;

(b) "the local authority"--

(i) in the case of an area falling within paragraph (a)(i), (iii) or (iv), means the council for that area, and

(ii) in the case of an area falling within paragraph (a)(ii), means the Common Council of the City of London, the Council of the Isle of Wight or the Council of the Isles of Scilly, as the case may be;

(c) "the referendum area" means the parts or part of the United Kingdom, or (as the case may be) the region in England, throughout which the referendum is held as mentioned in section 101(1).

129 Orders regulating conduct of referendums

(1) The Secretary of State may by order make such provision as he considers expedient for or in connection with regulating the conduct of referendums to which this Part applies.

(2) An order under this section may, in particular--

(a) make provision for the creation of offences;

(b) apply (with or without modification) any provision of any enactment;

and different provision may be made under this section in relation to different parts of the United Kingdom.

(3) An order under this section shall not apply in relation to any referendum in relation to which specific provision is made by any other enactment for or in connection with regulating any matters relating to the conduct of the referendum, except to such extent (if any) as may be provided by that enactment.

(4) Before making an order under this section the Secretary of State shall consult the Commission.

Part VIII Election campaigns and proceedings

Control of donations to candidates

130 Control of donations to candidates

(1) The Representation of the [1983 c. 2.] People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted--

" Donations to candidates

71A Control of donations to candidates

(1) In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)--

(a) by any person other than the candidate or his election agent, and

(b) for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2) Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3) A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4) Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5) In this section and that Schedule "property" includes any description of property, and references to the provision of property accordingly include the supply of goods. "

(3) The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.

(4) The amendments made by this section do not have effect in relation to local government elections in Scotland.

Control of election expenses

131 Election expenses incurred otherwise than by candidate

(1) Section 75 of the Representation of the People Act 1983 (no election expenses to be incurred by persons other than candidate, election agent or persons authorised by him) shall be amended as follows.

(2) In subsection (1)(ii) (exception for expenses not exceeding £5 in aggregate incurred by individual backer or disparager), for "not exceeding in the aggregate the sum of £5 which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others," there shall be substituted "incurred by any person which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action),".

(3) After subsection (1) there shall be inserted--

" (1ZA) For the purposes of subsection (1)(ii) above, "the permitted sum" means--

(a) in respect of a candidate at a parliamentary election, £500;

(b) in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;

and expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (1)(ii)) fall within subsection (1) above. "

(4) At the end of subsection (1A) there shall be added "; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party."

(5) Subsections (1B) and (1C) (special provision for Greater London Authority elections) shall be omitted.

132 Financial limits applying to candidates' election expenses

(1) Section 76 of the Representation of the [1983 c. 2.] People Act 1983 (limitation of election expenses) shall be amended as follows.

(2) For subsection (1) there shall be substituted--

" (1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection. "

(3) In subsection (1A) for the words from "subsection" onwards there shall be substituted "any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d)."

(4) After subsection (1A) there shall be inserted--

" (1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) above or prescribed by order under subsection (2A) above, any candidate or election agent who--

(a) incurred, or authorised the incurring of, the election expenses, and

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