Office of Public Sector Information
PART 7 continued
(3) The standard of proof is that applicable to civil proceedings.
(4) An order may be made whether or not proceedings are brought against any person for an offence under section 71L, 71S or 71T.
(5) An appeal against an order made by the sheriff may be made to the Court of Session.
(6) Rules of court may make provision—
(a) with respect to applications or appeals from proceedings on such applications;
(b) for the giving of notice of such applications or appeals to persons affected;
(c) for the joinder, or in Scotland sisting, of such persons as parties;
(d) generally with respect to procedure in such applications or appeals.
(7) Subsection (6) does not affect any existing power to make rules.
(1) In this Part—
“authorised participant” must be construed in accordance with section 71H;
“connected transaction” has the meaning given by section 71F(9);
“credit facility” has the meaning given by section 71F(11);
“regulated transaction” must be construed in accordance with section 71F.
(2) For the purposes of any provision relating to the reporting of transactions, anything required to be done by a registered party in consequence of its being a party to a regulated transaction must also be done by it, if it is a party to a transaction of a description mentioned in section 71F(4)(a), as if it were a party to the connected transaction.”
(2) In section 147 of that Act (civil penalty for failure to deliver documents etc), after subsection (1)(c) insert—
“(ca) the requirements of section 71S(1) or (2) are not complied with in relation to any transaction report relating to a registered party;”.
(3) In section 149 of that Act (inspection of Commission’s registers etc), after subsection (1)(b) insert—
“(ba) section 71V;”.
(4) In section 156(4) of that Act (provision about subordinate legislation)—
(a) after paragraph (d) insert—
“(da) section 71F(13),
(db) section 71H(4),
(dc) section 71U(1),”;
(b) after paragraph (h) insert—
“(ha) paragraph 9 of Schedule 6A,”.
(5) After Schedule 6 to that Act (details to be given in donation reports) insert—
1 (1) In this Schedule—
(a) “quarterly report” means a report required to be prepared by virtue of section 71M;
(b) “weekly report” means a report required to be prepared by virtue of section 71Q;
and “recordable transaction”, in relation to a quarterly or weekly report, means a transaction required to be recorded in that report.
(2) References in this Schedule to a registered party must, in the case of a party with accounting units, be read as references to the central organisation of the party.
2 (1) In relation to each recordable transaction, a quarterly report must give the following information about each authorised participant (other than the registered party deriving the benefit of the transaction) that is required by any of sub-paragraphs (2) to (10).
(2) In the case of an individual the report must give his full name and—
(a) if his address is, at the date the transaction is entered into, shown in an electoral register (within the meaning of section 54), that address, and
(b) otherwise, his home address (whether in the United Kingdom or elsewhere).
(3) Sub-paragraph (2) applies in the case of an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) as if for paragraphs (a) and (b) there were substituted “state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983)”.
(4) In the case of a company falling within section 54(2)(b) the report must give—
(a) the company’s registered name,
(b) the address of its registered office, and
(c) the number with which it is registered.
(5) In the case of a registered party the report must give—
(a) the party’s registered name, and
(b) the address of its registered headquarters.
(6) In the case of trade union falling within section 54(2)(d) the report must give—
(a) the name of the union, and
(b) the address of its head or main office,
as shown in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992.
(7) In the case of a building society within the meaning of the Building Societies Act 1986 the report must give—
(a) the name of the society, and
(b) the address of its principal office.
(8) In the case of a limited liability partnership falling within section 54(2)(f) the report must give—
(a) the partnership’s registered name, and
(b) the address of its registered office.
(9) In the case of a friendly or other registered society falling within section 54(2)(g) the report must give—
(a) the name of the society, and
(b) the address of its registered office.
(10) In the case of an unincorporated association falling within section 54(2)(h) the report must give—
(a) the name of the association, and
(b) the address of its main office in the United Kingdom.
3 (1) In relation to each recordable transaction, a weekly report must give all such details of the name and address of each authorised participant (other than the registered party deriving the benefit from the transaction) as are for the time being known to the party.
(2) In the case of a participant who is an individual having an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) instead of giving details of the address of the individual the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an entry.
4 In relation to each recordable transaction to which a person who is not an authorised participant is a party, a quarterly or weekly report must give—
(a) the name and address of the person;
(b) the date when, and the manner in which, the transaction was dealt with in accordance with subsections (3) to (5) of section 71I or those subsections as applied by section 71I(6) or 71J(2).
5 (1) In relation to each recordable transaction a report must give the following details about the transaction.
(2) A quarterly or weekly report must give the nature of the transaction (that is to say, whether it is a loan, a credit facility or an arrangement by which any form of security is given).
(3) A quarterly or weekly report must give the value of the transaction (determined in accordance with section 71G) or, in the case of a credit facility or security to which no limit is specified, a statement to that effect.
(4) A quarterly or weekly report must give the relevant date for the transaction (determined in accordance with paragraph 8).
(5) If the requirement to record the transaction arises only because the value of the transaction has, for the purposes of section 71M(4) or (7), been aggregated with the value of any relevant donation or donations (within the meaning of section 62), a quarterly report must contain a statement to that effect.
(6) A quarterly report must—
(a) state whether the transaction was entered into by the registered party or any accounting unit of the party, or
(b) in the case of a transaction to which section 71M(12) applies, indicate that it is a transaction which falls to be treated as made to the party by virtue of that provision.
6 (1) In relation to each recordable transaction of a description mentioned in section 71F(2) or (3), a quarterly or weekly report must give the following details about the transaction.
(2) The report must give—
(a) the date when the loan is to be repaid or the facility is to end (or a statement that the loan or facility is indefinite), or
(b) where that date is to be determined under the agreement, a statement of how it is to be so determined.
(3) The report must give—
(a) the rate of interest payable on the loan or on sums advanced under the facility (or a statement that no interest is payable), or
(b) where that rate is to be determined under the agreement, a statement of how it is to be so determined.
(4) The report must state whether the agreement contains a provision which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility.
(5) The report must state whether any form of security is given in respect of the loan or the sums advanced under the facility.
7 (1) In relation to each recordable transaction of a description mentioned in section 71F(4)(b), a quarterly or weekly report must give the following details about the transaction.
(2) The report must—
(a) if the transaction mentioned in section 71F(4)(a) is a regulated transaction, identify that transaction by reference to the transaction report in which it is recorded;
(b) in any other case, give a description of the principal features of that transaction.
(3) Where the security given consists in or includes rights over any property, the report must state the nature of that property.
(4) The report must—
(a) if the person giving the security receives from the registered party any consideration for giving the security, give a statement of that consideration;
(b) in any other case, state that no such consideration is received.
8 (1) For the purposes of paragraph 5(4) as it applies to a quarterly report, the relevant date for a transaction is—
(a) if the transaction is within section 71M(4)(a) or (7)(a), the date when the transaction was entered into by the party or the accounting unit;
(b) if the transaction is within section 71M(4)(b) or (7)(b), the date when the party or the accounting unit entered into the transaction which caused the aggregate amount in question to be more than the limit specified in that provision.
(2) For the purposes of paragraph 5(4) as it applies to a weekly report, the relevant date for a transaction is the date when the transaction was entered into by the party or its central organisation as mentioned in section 71Q(3).
9 (1) The Secretary of State may by order amend paragraphs 2 to 7 so as to vary the details which a quarterly or weekly report must give about a transaction.
(2) The Secretary of State must not make an order under sub-paragraph (1) unless he first consults the Commission.”
(6) In Schedule 20 to that Act (penalties), after the entry relating to section 71E(5) (as inserted by paragraph 2 of Schedule 1 to the Northern Ireland (Miscellaneous Provisions) Act 2006) insert—
| “Section 71L(1) (registered party entering into regulated transaction with unauthorised participant) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(2) (treasurer of party entering into regulated transaction with unauthorised participant) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year |
| Section 71L(3) (party liable if treasurer fails to repay money obtained under regulated transaction with unauthorised participant) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(4) (treasurer failing to repay money obtained under regulated transaction with unauthorised participant) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year |
| Section 71L(5) (party benefiting from connected transaction to which an unauthorised participant is a party) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(6) (treasurer of registered party which benefits from connected transaction to which an unauthorised participant is a party) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year |
| Section 71L(7) (party liable if treasurer fails to repay benefit obtained in consequence of security given by unauthorised participant) | On summary conviction: statutory maximum On indictment: fine |
| Section 71L(8) (treasurer failing to repay benefit obtained in consequence of security given by unauthorised participant) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year |
| Section 71L(9) (facilitating a regulated transaction involving unauthorised participant) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year |
| Section 71S(4) (failure to deliver transaction reports to Commission within time limits) | On summary conviction: Level 5 |
| Section 71S(5) (failure to comply with requirements for recording transactions in transaction report) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year |
| Section 71T(5) (making a false declaration about transaction report) | On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year.” |
(7) Part 6 of Schedule 1 amends the 2000 Act for the purpose of controlling loans and certain other transactions involving individuals and members associations.
(1) The Secretary of State may by order make in relation to a relevant matter such provision as he thinks appropriate which corresponds to or is similar to any provision of Part 4A of or Schedule 7A to the 2000 Act (the relevant transaction provisions).
(2) A relevant matter is a loan, credit facility or any form of security (whether real or personal) which benefits—
(a) a candidate at an election;
(b) a recognised third party;
(c) a permitted participant in a referendum.
(3) An order under this section may—
(a) amend or repeal any enactment (whenever passed);
(b) create an offence corresponding or similar to any offence created by the relevant transaction provisions;
(c) confer power on the Secretary of State to make provision by order corresponding to any such power in the relevant transaction provisions;
(d) make different provision for different purposes;
(e) make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.
(4) An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order—
(a) to be made by statutory instrument;
(b) not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.
(5) Subsection (4) does not apply to any power to make provision determining a rate of interest.
(6) The power to make an order under this section is exercisable by statutory instrument.
(7) No such order may be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.
(8) In this section—
“candidate” has the same meaning as in Part 2 of the 1983 Act;
“credit facility” must be construed in accordance with section 71F(11) of the 2000 Act;
“election” has the same meaning as in section 202 of the 1983 Act;
“permitted participant” has the same meaning as in Part 7 of the 2000 Act;
“recognised third party” has the same meaning as in Part 6 of that Act.
(9) An order under this section must not make provision which is within the legislative competence of the Scottish Parliament.
(10) Subsection (9) does not apply to provision made by virtue of subsection (3)(e).
(1) The Secretary of State may, after consulting the Electoral Commission, by order make provision relating to regulated transactions, controlled transactions or relevant matters which corresponds to or is similar to any provision (“relevant provision”) relating to donations for political purposes which is made by, or which may be made under, the Northern Ireland (Miscellaneous Provisions) Act 2006 (“the 2006 Act”).
(2) But if a relevant provision has effect, or would have effect, subject to a temporal limitation, a provision of an order under this section which corresponds to or is similar to the relevant provision must be subject to the same temporal limitation.
(3) An order under this section may in particular—
(a) amend, repeal or revoke any provision made by or under an Act of Parliament or Northern Ireland legislation (whenever passed or made);
(b) create an offence corresponding or similar to any offence relating to donations for political purposes created by the 2006 Act;
(c) confer power on the Secretary of State to make provision by order corresponding or similar to any such power relating to donations for political purposes conferred by the 2006 Act;
(d) make different provision for different purposes;
(e) make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.
(4) An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order—
(a) to be made only after consulting the Electoral Commission;
(b) to be made by statutory instrument; and
(c) not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
(5) The power to make an order under this section is exercisable by statutory instrument.
(6) No such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
(7) In this section—
“regulated transaction” has the same meaning as in Part 4A of the 2000 Act (see section 71F of that Act);
“controlled transaction” has the same meaning as in Schedule 7A to that Act (see paragraphs 1 and 2 of that Schedule);
“relevant matter” has the same meaning as in section 62 of this Act (see subsection (2) of that section).
(1) Schedule 9 to the 2000 Act (limits on campaign expenditure) is amended as follows.
(2) In paragraph 5 (general elections to Scottish Parliament) after sub-paragraph (2) insert—
“(2A) Sub-paragraph (2B) 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.
(2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).”
(3) In paragraph 6 (ordinary elections to National Assembly for Wales) after sub-paragraph (2) insert—
“(2A) Sub-paragraph (2B) 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.
(2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).”
(4) In paragraph 7 (general elections to Northern Ireland Assembly) after sub-paragraph (2) insert—
“(2A) Sub-paragraph (2B) 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.
(2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).”
(1) In section 77 of the 2000 Act (restriction on making claims in respect of campaign expenditure)—
(a) in subsection (1), for “21 days” substitute “30 days”;
(b) in subsection (2), for “42 days” substitute “60 days”.
(2) In section 92 of that Act (restriction on making claims in respect of certain expenditure by third parties)—
(a) in subsection (1), for “21 days” substitute “30 days”;
(b) in subsection (2), for “42 days” substitute “60 days”.
(3) In section 115 of that Act (restriction on making claims in respect of referendum expenditure)—
(a) in subsection (1), for “21 days” substitute “30 days”;
(b) in subsection (2), for “42 days” substitute “60 days”.
(1) In section 126 of the 2000 Act (details to appear on referendum material), after subsection (10) insert—
“(10A) Subsection (1) does not apply to any material published for the purposes of a referendum if the publication is required under or by virtue of any enactment.”
(2) In section 143 of the 2000 Act (details to appear on election material), after subsection (2) insert—
“(2A) For the purposes of subsection (2)(c), election material to which subsection (2B) applies—
(a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing his electoral success or standing, but
(b) may be regarded as being published on behalf of the party mentioned in subsection (2B).
(2B) This subsection applies to election material which can be reasonably regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election.”
Electoral Administration Act 2006