Office of Public Sector Information
PART VI continued CHAPTER II continued
(1) Where—
(a) any return falls to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and
(b) an auditor’s report on it falls to be prepared under section 97(1),
the responsible person shall deliver the return to the Commission, together with a copy of the auditor’s report, within six months of the end of that period.
(2) In the case of any other return falling to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, the responsible person shall deliver the return to the Commission within three months of the end of that period.
(3) Where, after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 92(4) for any claim to be paid, the responsible person shall, within seven days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave.
(4) The responsible person in the case of a recognised third party commits an offence if, without reasonable excuse, he—
(a) fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies; or
(b) delivers a return which does not comply with the requirements of section 96(2) or (3); or
(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
(1) Each return prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period must, when delivered to the Commission, be accompanied by a declaration which complies with subsections (2) and (3) and is signed by the responsible person.
(2) The declaration must state—
(a) that the responsible person has examined the return in question;
(b) that to the best of his knowledge and belief—
(i) it is a complete and correct return as required by law, and
(ii) all expenses shown in it as paid have been paid by him or a person authorised by him.
(3) The declaration must also state, in a case where the third party 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 third party are from permissible donors, and
(b) no other relevant donations have been accepted by the third party in respect of the relevant election or elections which took place during the regulated period.
(4) A person commits an offence if—
(a) he knowingly or recklessly makes a false declaration under this section; or
(b) subsection (1) is contravened at a time when he is the responsible person in the case of the recognised third party to which the return relates.
(5) In this section “relevant donation” has the same meaning as in Schedule 11.
(1) Where the Commission receive any return under section 96, they shall—
(a) as soon as reasonably practicable after receiving the return, make a copy of the return, and of any documents accompanying it, available for public inspection; and
(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.
(2) If the return contains a statement of relevant donations in accordance with section 96(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include, in the case of any donation by an individual, the donor’s address.
(3) At the end of the period of two years beginning with the date when any return or other document mentioned in subsection (1) is received by the Commission—
(a) they may cause the return or other document to be destroyed; but
(b) if requested to do so by the responsible person in the case of the third party concerned, they shall arrange for the return or other document to be returned to that person.
(1) Subject to the following provisions of this section, this Part applies to any referendum held throughout—
(a) the United Kingdom;
(b) one or more of England, Scotland, Wales and Northern Ireland; or
(c) any region in England specified in Schedule 1 to the [1998 c. 45.] Regional Development Agencies Act 1998.
(2) In this Part—
(a) “referendum” means a referendum or other poll held, in pursuance of any provision made by or under an Act of Parliament, on one or more questions specified in or in accordance with any such provision;
(b) “question” includes proposition (and “answer” accordingly includes response).
(3) A poll held under section 36 of the [1998 c. 38.] Government of Wales Act 1998 is not, however, to be taken to be a referendum falling within subsection (2).
(4) If the Secretary of State by order so provides—
(a) subsection (2) shall apply to any specified Bill which has been introduced into Parliament before the making of the order as if it were an Act; and
(b) any specified provisions of this Part shall apply, subject to any specified modifications, in relation to any specified referendum for which provision is made by the Bill.
(5) In subsection (4) “specified” means specified in the order under that subsection.
(1) For the purposes of this Part the referendum period for any referendum to which this Part applies shall be determined in accordance with this section.
(2) In the case of a referendum held in accordance with Schedule 1 to the [1998 c. 47.] Northern Ireland Act 1998, the referendum period—
(a) begins with the date when the draft of an order under that Schedule is laid before Parliament for approval by each House in accordance with section 96(2) of that Act; and
(b) ends with the date of the poll.
(3) In the case of a referendum held in pursuance of any provision made by or under any other Act, the referendum period shall (subject to subsections (4) and (5)) be such period as is provided for by or under that Act.
(4) In the case of a referendum to which an order under section 101(4) applies, the referendum period shall be such period (not exceeding six months) as may be specified in the order.
(5) If (apart from this subsection) the referendum period in a case within subsection (4) would end after the date of the poll, it shall instead end on that date.
(1) Where the date of the poll in the case of any referendum to which this Part applies falls to be fixed under any provision made by or under any Act, the date so fixed shall not be earlier than 28 days after the end of the period of 14 days mentioned in section 109(3).
(2) If an order under section 109(6) applies to the referendum, subsection (1) shall be read as referring to the period which by virtue of the order is to apply instead of that period of 14 days.
(1) Subsection (2) applies where a Bill is introduced into Parliament which—
(a) provides for the holding of a poll that would be a referendum to which this Part applies, and
(b) specifies the wording of the referendum question.
(2) The Commission shall consider the wording of the referendum question, and shall publish a statement of any views of the Commission as to the intelligibility of that question—
(a) as soon as reasonably practicable after the Bill is introduced, and
(b) in such manner as they may determine.
(3) Subsections (4) and (5) apply where the wording of the referendum question in the case of any poll that would be a referendum to which this Part applies falls to be specified in subordinate legislation within the meaning of the [1978 c. 30.] Interpretation Act 1978.
(4) If a draft of the instrument in question is to be laid before Parliament for approval by each House, the Secretary of State—
(a) shall consult the Commission on the wording of the referendum question before any such draft is so laid, and
(b) shall, at the time when any such draft is so laid, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
(5) If the instrument in question is to be subject to annulment in pursuance of a resolution of either House of Parliament, the Secretary of State—
(a) shall consult the Commission on the wording of the referendum question before making the instrument; and
(b) shall, at the time when the instrument is laid before Parliament, lay before each House a report stating any views as to the intelligibility of that question which the Commission have expressed in response to that consultation.
(6) Where any Bill, draft instrument or instrument to which subsection (2), (4) or (5) applies specifies not only the referendum question but also any statement which is to precede that question on the ballot paper at the referendum, any reference in that subsection to the referendum question shall be read as a reference to that question and that statement taken together.
(7) In this section “the referendum question” means the question or questions to be included in the ballot paper at the referendum.
(1) In this Part “permitted participant”, in relation to a particular referendum to which this Part applies, means—
(a) a registered party by whom a declaration has been made under section 106 in relation to the referendum; or
(b) any of the following by whom a notification has been given under section 106 in relation to the referendum, namely—
(i) any individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)), or
(ii) any body falling within any of paragraphs (b) and (d) to (h) of section 54(2).
(2) In this Part “responsible person” means—
(a) if the permitted participant is a registered party—
(i) the treasurer of the party, or
(ii) in the case of a minor party, the person for the time being notified to the Commission by the party in accordance with section 106(2)(b);
(b) if the permitted participant is an individual, that individual; and
(c) otherwise, the person or officer for the time being notified to the Commission by the permitted participant in accordance with section 106(4)(b)(ii).
(1) For the purposes of section 105(1) a registered party makes a declaration to the Commission under this section if the party makes a declaration to the Commission which identifies—
(a) the referendum to which it relates, and
(b) the outcome or outcomes for which the party proposes to campaign.
(2) A declaration under this section—
(a) must be signed by the responsible officers of the party (within the meaning of section 64); and
(b) if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of Chapter II.
(3) For the purposes of section 105(1) an individual or body gives a notification to the Commission under this section if he or it gives the Commission a notification which identifies—
(a) the referendum to which it relates, and
(b) the outcome or outcomes for which the giver of the notification proposes to campaign.
(4) A notification under this section must—
(a) if given by an individual, state—
(i) his full name, and
(ii) his home address in the United Kingdom, or (if he has no such address in the United Kingdom) his home address elsewhere,
and be signed by him;
(b) if given by a body falling within any of paragraphs (b) and (d) to (h) of section 54(2), state—
(i) all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (10) of paragraph 2 of Schedule 6 to be given in respect of such a body as the donor of a recordable donation, and
(ii) the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
and be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.
(5) If at any time before the end of the compliance period any of the statements which, in accordance with any provision of subsection (4), are contained in a notification under this section (as it has effect for the time being) ceases to be accurate, the permitted participant by whom the notification was given shall give the Commission a notification (“a notification of alteration”) indicating that that statement is replaced by some other statement—
(a) contained in the notification of alteration, and
(b) conforming with that provision of subsection (4).
(6) For the purposes of subsection (5)—
(a) “the compliance period” is the period during which any provisions of Chapter II remain to be complied with on the part of the permitted participant; and
(b) any reference to subsection (4) shall be read, in relation to a notification under subsection (2), as a reference to subsection (2).
(7) In this section and sections 108 and 109 “outcome”, in the case of a referendum, means a particular outcome in relation to any question asked in the referendum.
(1) The Commission shall maintain a register of—
(a) all declarations made to them under section 106; and
(b) all notifications given to them under that section.
(2) The register shall be maintained by the Commission in such form as they may determine and shall contain, in the case of each such declaration or notification, all of the information supplied to the Commission in connection with it in pursuance of section 106.
(3) Where any declaration or notification is made or given to the Commission under section 106, they shall cause—
(a) the information mentioned in subsection (2) to be entered in the register, or
(b) in the case of a notification under section 106(5), any change required as a consequence of the notification to be made in the register,
as soon as is reasonably practicable.
(4) The information to be entered in the register in respect of a permitted participant who is an individual shall, however, not include his home address.
(1) The Commission may, in respect of any referendum to which this Part applies, designate permitted participants as organisations to whom assistance is available in accordance with section 110.
(2) Where there are only two possible outcomes in the case of a referendum to which this Part applies, the Commission—
(a) may, in relation to each of those outcomes, designate one permitted participant as representing those campaigning for the outcome in question; but
(b) otherwise shall not make any designation in respect of the referendum.
(3) Where there are more than two possible outcomes in the case of a referendum to which this Part applies, the Secretary of State may, after consulting the Commission, by order specify the possible outcomes in relation to which permitted participants may be designated in accordance with subsection (4).
(4) In such a case the Commission—
(a) may, in relation to each of two or more outcomes specified in any such order, designate one permitted participant as representing those campaigning for the outcome in question; but
(b) otherwise shall not make any designation in respect of the referendum.
(1) A permitted participant seeking to be designated under section 108 must make an application for the purpose to the Commission.
(2) An application for designation must—
(a) be accompanied by information or statements designed to show that the applicant adequately represents those campaigning for the outcome at the referendum in relation to which the applicant seeks to be designated; and
(b) be made within the period of 28 days beginning with the first day of the referendum period.
(3) Where an application for designation has been made to the Commission in accordance with this section, the application must be determined by the Commission within the period of 14 days beginning with the day after the end of the period of 28 days mentioned in subsection (2)(b).
(4) If there is only one application in relation to a particular outcome at the referendum, the Commission shall designate the applicant unless—
(a) they are not satisfied that the applicant adequately represents those campaigning for that outcome; or
(b) they are prevented from making any designation by virtue of section 108(2)(b) or (4)(b).
(5) If there is more than one application in relation to a particular outcome at the referendum, the Commission shall designate whichever of the applicants appears to them to represent to the greatest extent those campaigning for that outcome unless—
(a) they are not satisfied that any of the applicants adequately represents those campaigning for that outcome; or
(b) they are prevented from making any designation by virtue of section 108(2)(b) or (4)(b).
(6) The Secretary of State may, in the case of any referendum to which this Part applies, by order provide for this section to have effect as if each, or either, of the periods of 28 and 14 days referred to in subsections (2) and (3) was instead such shorter or longer period as is specified in the order.
(7) In this section, in relation to a referendum, any reference to designation is to designation in respect of the referendum under section 108.
(1) Where the Commission have made any designations under section 108 in respect of a referendum, assistance shall be available to the designated organisations in accordance with this section.
(2) The Commission shall make to each designated organisation a grant of the same amount, which shall be an amount not exceeding £600,000 determined by the Commission.
(3) A grant under subsection (2) may be made subject to such conditions as the Commission consider appropriate.
(4) Each designated organisation (or, as the case may be, persons authorised by the organisation) shall have the rights conferred by or by virtue of Schedule 12, which makes provision as to—
(a) the sending of referendum addresses free of charge;
(b) the use of rooms free of charge for holding public meetings; and
(c) referendum campaign broadcasts.
(5) In this section and Schedule 12 “designated organisation”, in relation to a referendum, means a person or body designated by the Commission under section 108 in respect of that referendum.
(1) The following provisions have effect for the purposes of this Part.
(2) “Referendum expenses”, in relation to a referendum to which this Part applies, means expenses incurred by or on behalf of any individual or body which are expenses falling within Part I of Schedule 13 and incurred for referendum purposes.
(3) “For referendum purposes” means—
(a) in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to any question asked in the referendum, or
(b) otherwise in connection with promoting or procuring any such outcome.
(4) “Referendum campaign” means a campaign such as is mentioned in subsection (3)(a); and “campaign organiser”, in relation to referendum expenses, means the individual or body by whom or on whose behalf the expenses are incurred.
(1) This section applies where, in the case of any individual or body—
(a) either—
(i) property is transferred to the individual or body free of charge or at a discount of more than 10 per cent. of its market value, or
(ii) property, services or facilities is or are provided for the use or benefit of the individual or body free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the services or facilities, and
(b) the property, services or facilities is or are made use of by or on behalf of the individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body.
(2) Where this section applies, an amount of referendum expenses determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part, as incurred by the individual or body during the period for which the property, services or facilities is or are made use of as mentioned in subsection (1)(b).
This subsection has effect subject to subsection (9).
(3) Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either—
(a) the market value of the property (where the property is transferred free of charge), or
(b) the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the property (where the property is transferred at a discount),
as is reasonably attributable to the use made of the property as mentioned in subsection (1)(b).
(4) Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either—
(a) the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or
(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, services or facilities as mentioned in subsection (1)(b).
(5) Where the services of an employee are made available by his employer for the use or benefit of an individual or body, then for the purposes of this section the amount which is to be taken as constituting the commercial rate for the provision of those services shall be the amount of the remuneration or allowances payable to the employee by his employer in respect of the period for which his services are made available (but shall not include any amount in respect of contributions or other payments for which the employer is liable irespect of the employee).
(6) Where an amount of referendum expenses is treated, by virtue of subsection (2), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the period which is, in relation to the referendum to which the expenses relate, the referendum period then—
(a) the amount mentioned in subsection (7) shall be treated as incurred by or on behalf of the individual or body during the referendum period, and
(b) if a return falls to be prepared under section 120 in respect of referendum expenses incurred by or on behalf of the individual or body during that period, the responsible person shall make a declaration of that amount,
unless that amount is not more than £200.
(7) The amount referred to in subsection (6) is such proportion of the appropriate amount (determined in accordance with subsection (3) or (4)) as reasonably represents the use made of the property, services or facilities as mentioned in subsection (1)(b) during the referendum period.
(8) A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (6).
(9) No amount of referendum expenses shall be regarded as incurred by virtue of subsection (2) in respect of—
(a) the transmission by a broadcaster of a referendum campaign broadcast (within the meaning of section 127);
(b) the provision of any rights conferred on a designated organisation (or persons authorised by such an organisation) by virtue of section 110(4) and Schedule 12; or
(c) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
(10) Paragraph 2(5) and (6)(a) of Schedule 15 shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1), whether property is transferred to an individual or body.
(1) No amount of referendum expenses shall be incurred by or on behalf of a permitted participant unless it is incurred with the authority of—
(a) the responsible person; or
(b) a person authorised in writing by the responsible person.
(2) A person commits an offence if, without reasonable excuse, he incurs any expenses in contravention of subsection (1).
(3) Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 117 to 123 or Schedule 14 as referendum expenses incurred by or on behalf of the permitted participant.
(1) No payment (of whatever nature) may be made in respect of any referendum expenses incurred or to be incurred by or on behalf of a permitted participant unless it is made by—
(a) the responsible person, or
(b) a person authorised in writing by the responsible person.
(2) Any payment made in respect of any such expenses by a person within paragraph (a) or (b) of subsection (1) must be supported by an invoice or a receipt unless it is not more than £200.
(3) Where a person within paragraph (b) of subsection (1) makes a payment to which subsection (2) applies, he must deliver to the responsible person—
(a) notification that he has made the payment, and
(b) the supporting invoice or receipt,
as soon as possible after making the payment.
(4) A person commits an offence if, without reasonable excuse—
(a) he makes any payment in contravention of subsection (1), or
(b) he contravenes subsection (3).
(1) A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant during a referendum period shall not be payable if the claim is not sent to—
(a) the responsible person, or
(b) any other person authorised under section 113 to incur the expenses,
not later than 21 days after the end of the referendum period.
(2) Any claim sent in accordance with subsection (1) shall be paid not later than 42 days after the end of the referendum period.
(3) A person commits an offence if, without reasonable excuse—
(a) he pays any claim which by virtue of subsection (1) is not payable, or
(b) he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
(4) In the case of any claim to which subsection (1) applies—
(a) the person making the claim, or
(b) the person with whose authority the expenses in question were incurred,
may apply to the High Court or a county court or, in Scotland, to the Court of Session or the sheriff for leave for the claim to be paid although sent in after the end of the period mentioned in that subsection; and the court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
(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.
Political Parties, Elections and Referendums Act 2000