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Political Parties, Elections and Referendums Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(12) A reference to a registered party entering into a regulated transaction includes a reference to any circumstances in which the terms of a regulated transaction are varied so as to increase the amount of money to which the party is entitled in consequence of the transaction.

(13) A reference to a registered party entering into a transaction in which another participant is not an authorised participant includes a reference to any circumstances in which another party to the transaction who is an authorised participant ceases (for whatever reason) to be an authorised participant.

(14) This section does not apply to a transaction which is entered into before the commencement of section 61 of the Electoral Administration Act 2006.

71M

(1) The treasurer of a registered party must, in the case of each year, prepare a report under this subsection in respect of each of the following periods—

(a) January to March;

(b) April to June;

(d) October to December.

(2) The reports prepared under subsection (1) for any year must, in the case of each authorised participant who enters into or is party to a regulated transaction with the party in that year, comply with—

(a) the following provisions of this section so far as they require any such transaction to be recorded in such a report;

(b) section 71N so far as it requires any changes in relation to any such transaction to be so recorded.

(3) In this section—

“transaction report” means a report prepared under subsection (1);

“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates;

“relevant transaction”, in relation to an authorised participant and a year, means a regulated transaction entered into by the participant and the registered party in that year;

“relevant benefit”, in relation to any person and any year, means—a relevant donation within the meaning of section 62(3) accepted by the party from that person as a donor, ora relevant transaction entered into by the party and that person as a participant,and a relevant benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction).

(4) Where no previous relevant benefit or benefits has or have been required to be recorded under this subsection or section 62(4), a relevant transaction must be recorded—

(a) if the value of the transaction is more than £11,180, or

(b) if the aggregate amount of it and any other relevant benefit or benefits is more than £11,180.

(5) A transaction to which subsection (4) applies must—

(a) if it falls within paragraph (a) of that subsection, be recorded in the transaction report for the reporting period in which the transaction is entered into, or

(b) if it falls within paragraph (b) of that subsection, be recorded (together with any other relevant transaction or transactions included in the aggregate amount mentioned in that paragraph) in the transaction report for the reporting period in which the benefit which causes that aggregate to be more than £11,180 accrues.

(6) Where any previous relevant benefit or benefits has or have been required to be recorded under subsection (4) or section 62(4), a relevant transaction must be recorded at the point when a relevant transaction falling within subsection (7) has been entered into—

(a) since the benefit or benefits required to be recorded under that provision, or

(b) if any relevant benefit or benefits has or have previously been required to be recorded under this subsection or section 62(6), since the benefit or benefits last required to be so recorded.

(7) A relevant transaction falls within this subsection—

(a) if the value of the transaction is more than £2,230, or

(b) if, when it is added to any other relevant benefit or benefits accruing since the time mentioned in subsection (6)(a) or (b), the aggregate amount of the benefits is more than £2,230.

(8) A transaction to which subsection (6) applies on any occasion must—

(a) if it is the only benefit required to be recorded on that occasion, be recorded in the transaction report for the reporting period in which it is entered into, or

(b) in any other case, be recorded (together with any other relevant transaction or transactions included in the aggregate amount mentioned in subsection (7)) in the transaction report for the reporting period in which the benefit which causes that aggregate amount to be more than £2,230 accrues.

(9) A transaction report must also record any regulated transaction which is entered into by the party and a person who is not an authorised participant and is dealt with during the reporting period in accordance with section 71I or 71J.

(10) If during any reporting period no transactions have been entered into by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the transaction report for that period, the report must contain a statement to that effect.

(11) Where a registered party is a party with accounting units, subsections (2) to (10) apply separately in relation to the central organisation of the party and each of its accounting units—

(a) as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but

(b) with the substitution, in relation to such an accounting unit, of “£2,230” for “£11,180” in each place where it occurs in subsections (4) and (5).

(12) However, for the purposes of subsections (2) to (9) in their application to the central organisation and any year by virtue of subsection (11), any transaction—

(a) which is entered into by an authorised participant and any of the accounting units during that year, but

(b) which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a transaction entered into by the accounting unit,

must be treated as a transaction entered into by the authorised participant and the central organisation.

(13) Schedule 6A has effect with respect to the information to be given in transaction reports.

Declaration as to source of donation

71N

(1) If during any reporting period, in the case of any recorded transaction—

(a) another authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant),

(b) there is any change in the details given in relation to the transaction in pursuance of paragraph 5, 6 or 7 of Schedule 6A, or

the change must be recorded in the transaction report for that period.

(2) For the purposes of subsection (1)(c), a loan comes to an end if—

(a) the whole debt (or all the remaining debt) is repaid;

(b) the creditor releases the whole debt (or all the remaining debt);

and in such a case the transaction report must state how the loan has come to an end.

(3) A transaction report must also record any change by which a person who is not an authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant) and in consequence of which the transaction is dealt with in accordance with section 71I or 71J.

(4) If during any reporting period there have been no changes (as mentioned in subsection (1) or (3)) to any recorded transaction, the report must contain a statement to that effect.

(5) A recorded transaction, in relation to a reporting period, is a regulated transaction which is or has been recorded in a transaction report for that or a previous reporting period.

(6) Where a registered party is a party with accounting units, subsections (1) to (5) apply separately in relation to the central organisation of the party and each of its accounting units; and the reference in subsection (5) to a transaction report for a previous reporting period is a reference to a report prepared in relation the central organisation or accounting unit, as the case may be.

(7) In this section, “reporting period” and “transaction report” have the meanings given in section 71M.

71O

(1) This section applies in relation to the first report prepared under section 71M(1) by the treasurer of a party which, at the date on which that section comes into force, is a registered party.

(2) Sections 71M and 71N have effect, in the case of a person (whether or not an authorised participant) who is a party to an existing transaction, as if—

(a) that transaction had been entered into in the reporting period to which the report relates;

(b) any change (as mentioned in section 71N(1) or (3)) to the transaction had occurred during that period;

(3) An existing transaction is a regulated transaction which, at the date on which section 71M comes into force, has not come to an end for the purposes of section 71N(1)(c).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71P

(1) This section applies if each of four consecutive transaction reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 71M contains—

(a) in the case of a party without accounting units, a statement under subsection (10) of that section and a statement under subsection (4) of section 71N, or

(b) in the case of a party with accounting units, statements under each of those subsections in relation to the central organisation of the party and each of its accounting units.

(2) The treasurer is not required to prepare any further transaction reports in pursuance of subsection (1) of section 71M until—

(a) a recordable transaction is entered into by the registered party, or

(b) a recordable change is made to a recorded transaction.

(3) A recordable transaction is a transaction which is required to be recorded by virtue of any of subsections (4) to (9) of section 71M (including those subsections as applied by subsection (11) of that section).

(4) A recordable change is a change which is required to be recorded by virtue of subsection (1) of section 71N (including that subsection as applied by subsection (6) of that section).

(5) If a recordable transaction is entered into or a recordable change is made, nothing in this section affects the operation of section 71M or 71N in relation to—

(a) the reporting period in which the recordable transaction is entered into or the recordable change is made, or

(b) any subsequent reporting period which falls before the time (if any) when this section again applies in relation to the party.

(6) In this section—

“transaction report” and “reporting period” have the same meaning as in section 71M;

“recorded transaction” has the same meaning as in section 71N.

71Q

(1) Subject to section 71R, the treasurer of a registered party must, in the case of any general election period, prepare a report under this subsection in respect of each of the following periods—

(a) the period of seven days beginning with the first day of the general election period,

(b) each succeeding period of seven days falling within the general election period, and

(2) In this section—

“weekly report” means a report prepared under subsection (1);

“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates.

(3) The weekly report for any reporting period must record each regulated transaction which has a value of more than £11,180 entered into during that period—

(a) by the party (if it is not a party with accounting units), or

(b) by the central organisation of the party (if it is a party with accounting units).

(4) If during any reporting period no transactions falling within subsection (3) have been entered into as mentioned in that subsection, the weekly report for that period must contain a statement to that effect.

(5) Schedule 6A has effect with respect to the information to be given in weekly reports.

(6) The weekly report for any reporting period must also record any change (as mentioned in section 71N(1) or (3)) during that period to a regulated transaction recorded—

(a) by the party (if it is not a party with accounting units), or

(b) by the central organisation of the party (if it is a party with accounting units).

(7) For the purposes of subsection (6), a transaction is recorded by a party or the central organisation of a party if it is or has been recorded in—

(a) a transaction report prepared under section 71M(1), or

(b) a weekly report prepared for that or a previous reporting period falling within the general election period.

(8) If during any reporting period there have been no changes falling within subsection (6), the weekly report for that period must contain a statement to that effect.

(9) In this section and section 71R “general election period” has the meaning given in section 63.

71R

(1) Section 71Q(1) does not apply in relation to a registered party in respect of a general election period if the party has made an exemption declaration under section 64 which covers the general election in question.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In its application (in accordance with subsection (1)) in relation to section 71Q, section 64 is to be read subject to the following modifications—

(a) the reference in subsection (5) to section 63 is to be read as a reference to section 71Q;

(b) subsection (6) is omitted.

71S

(1) A transaction report under section 71M must be delivered to the Commission by the treasurer of the party in question within the period of 30 days beginning with the end of the reporting period to which it relates.

(2) A transaction report under section 71Q must be delivered to the Commission by the treasurer of the party in question—

(a) within the period of 7 days beginning with the end of the reporting period to which it relates, or

(b) if that is not possible in the case of any party to which section 71Q applies by virtue of section 64(5) (as applied by section 71R), within the period of 7 days beginning with the first day on which the party has a candidate at the election in question.

(3) If a transaction report under section 71M or 71Q states that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual participant has an anonymous entry in the electoral register (within the meaning of the Representation of the People Act 1983 ...), the report must be accompanied by a copy of the evidence.

(4) The treasurer of a registered party commits an offence if , without reasonable excuse, he fails to comply with the requirements of subsection (1) or (2) in relation to a transaction report.

(5) The treasurer of a registered party also commits an offence if , without reasonable excuse, he delivers a transaction report to the Commission which does not comply with any requirements of this Part as regards the recording of transactions, or changes to transactions, in such a report.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to—

(a) any transaction entered into by a registered party, or

(b) any change made to a transaction to which the registered party is a party,

was attributable to an intention on the part of any person to conceal the existence or true value of the transaction, the court may make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.

(8) An order under subsection (7) may in particular—

(a) where the transaction is a loan or credit facility, require that any amount owed by the registered party be repaid (and that no further sums be advanced under it);

(b) where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged.

(9) The reference in subsection (2) to a party having a candidate at an election must be construed in accordance with section 64(9).

Permissible donors.

71T

(1) Each transaction report under section 71M or 71Q must, when delivered to the Commission, be accompanied by a declaration made by the treasurer which complies with subsection (2), (3) or (4).

(2) In the case of a report under section 71M (other than one making a nil return), the declaration must state that, to the best of the treasurer's knowledge and belief—

(a) all the transactions recorded in the report were entered into by the party with authorised participants,

(b) during the reporting period no transaction has been entered into by the party which is required to be recorded in the report but is not so recorded,

(c) during the reporting period no change has been made to a regulated transaction which is required to be recorded in the report but is not so recorded, and

(d) during the reporting period the party has not entered into any regulated transaction with a person or body other than an authorised participant.

(3) For the purposes of subsection (2) a return under section 71M makes a nil return if it contains such a statement as is mentioned in subsection (10) of that section and a statement as is mentioned in subsection (4) of section 71N; and in the case of such a report the declaration must state that, to the best of the treasurer's knowledge and belief—

(a) those statements are accurate, and

(b) during the reporting period the party has not entered into any regulated transaction with a person or body other than an authorised participant.

(4) In the case of a report under section 71Q, the declaration must state that, to the best of the treasurer's knowledge and belief—

(a) no transaction has been entered into by the party, or (if section 71Q(3)(b) applies) by its central organisation, during the reporting period which is required to be recorded in the report but is not so recorded, and

(b) no change has been made to a regulated transaction during the reporting period which is required to be recorded in the report but is not so recorded.

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

71U

(1) The Secretary of State may, after consulting the Commission and all registered parties, by order make provision for—

(a) sections 71Q and 71R, together with Schedule 6A,

(b) sections 71S and 71T, and

to apply in relation to the specified election period in the case of one or more relevant elections with such modifications as are specified in the order.

(2) In this section “specified election period” and “relevant election” have the meanings given in section 67.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71V

(1) The Commission must maintain a register of all transactions (and all changes) reported to them under this Part.

(2) The register must be maintained by the Commission in such form as they may determine and must contain the following details in the case of each such transaction—

(a) the value of the transaction;

(b) (subject to subsection (3)) such other details as have been given in relation to the transaction in pursuance of any of paragraphs 2 to 7 of Schedule 6A;

(3) The details required by virtue of subsection (2) do not include, in the case of any transaction entered into by an authorised participant who is an individual, the individual's address.

(4) Where—

(a) any transaction or transactions is or are reported to the Commission under this Part, or

(b) any change or changes is or are so reported to them,

they must cause the details mentioned in subsection (2) to be entered or, as the case may be, changed in the register in respect of the transaction or transactions as soon as is reasonably practicable.

71W

(1) This section has effect in relation to proceedings on applications under sections 71I(4) and 71S(7).

(2) The court is—

(a) in England and Wales, the county court;

(b) in Scotland, the sheriff, and the proceedings are civil proceedings;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

(d) generally with respect to procedure in such applications or appeals.

(7) Subsection (6) does not affect any existing power to make rules.

71X

(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.

71Y

Schedule 7A, which makes provisions for controlling loans and certain other transactions to individual members of registered parties, associations of such members, and certain elected office holders, shall have effect.

Control of donations to individuals and members associations.

Regulated transaction involving unauthorised participant

Reports to Commission by unincorporated associations making political contributions

140A

Schedule 19A, which requires unincorporated associations making political contributions to report gifts received by them to the Commission, has effect.

Changes to be recorded in quarterly reports

Declaration by treasurer in transaction report

159A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Political restrictions on staff

11A

(1) A person may not be appointed as a member of the staff of the Commission if the person—

(a) is an officer or employee of a registered party or of any accounting unit of such a party;

(b) holds a relevant elective office (within the meaning of Schedule 7);

(i) been such an officer or employee as is mentioned in paragraph (a), or

(ii) held such an office as is mentioned in paragraph (b), or

(iii) been named as a donor in the register of donations reported under Chapter 3 or 5 of Part 4, or

(iv) been named as a participant in the register of recordable transactions reported under Part 4A.

(2) The relevant period is—

(a) in relation to appointment as chief executive of the Commission, the last five years;

(b) in relation to appointment to a post on the staff of the Commission that is designated by a notice in force under paragraph 11B, the period (immediately preceding the appointment) specified by the notice;

(3) A member of a registered party may not be appointed as chief executive of the Commission.

(4) The appointment of any member of the staff of the Commission shall terminate—

(a) in the case of the chief executive, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3);

(b) in any other case, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (ca) of paragraph 3(3).

11B

(1) The chief executive of the Commission may by giving notice to the Speaker's Committee—

(a) designate a particular post on the staff of the Commission, and

(b) specify as the relevant period for that post, for the purposes of paragraph 11A(2)(b), a period of two years or more,

if the chief executive reasonably believes that it is necessary to do so in order to maintain public confidence in the effectiveness of the Commission in carrying out any of its functions.

(2) The period specified under sub-paragraph (1)(b) may not be more than five years.

(3) In deciding what that period should be, the chief executive of the Commission shall take into account—

(a) the level of seniority of the post;

(b) how likely it is that any holder of the post will be required to deal with politically sensitive matters.

(4) Each notice under sub-paragraph (1) must relate to only one post.

(5) A notice under sub-paragraph (1)—

(a) has effect from the day on which it is received by the Speaker's Committee, and

(b) (subject to sub-paragraphs (6) and (7)) expires at the end of the period of three years beginning with that day.

(6) Sub-paragraph (5)(b) does not prevent a further notice being given under sub-paragraph (1) in relation to the post in question, either—

(a) before the previous notice would have expired, or

(b) at any time after the expiry of the previous notice.

A further notice received by the Speaker's Committee before the previous notice would have expired supersedes the previous notice.

(7) If the chief executive of the Commission gives notice (a “cancellation notice”) to the Speaker's Committee cancelling a notice under sub-paragraph (1), the notice under that sub-paragraph ceases to have effect—

(a) on the day on which the cancellation notice is received by the Speaker's Committee, or

(b) (if later) on such date as may be specified in the cancellation notice.

(8) Before giving a notice under this paragraph the chief executive of the Commission shall consult the Speaker's Committee.

(9) The Commission shall publish, in such manner as they consider appropriate, information setting out the effect of all notices under sub-paragraph (1) that are in force at any particular time.

Declarations as to source of donation or as to whether residence etc condition satisfied

1A

(1) In relation to each recordable donation in the case of which a declaration under section 54A has been given, a quarterly or weekly report must either—

(a) state that no reason was found to think that the declaration was untruthful or inaccurate, or

(b) give details of any respects in which the declaration was found or suspected to be untruthful or inaccurate.

(2) In relation to each recordable donation in the case of which a declaration under section 54B has been given, a quarterly report must either—

(a) state that no reason was found for thinking that the declaration was incorrect, or

(b) give details of any respects in which the declaration was found or suspected to be incorrect.

2A

In relation to each recordable donation that is an Irish donation a quarterly report must comply with the following requirements of this paragraph.

(2) “Irish donation” means a donation made in reliance on section 71B(1)(a) or (b) (extension of categories of permissible donors in relation to Northern Ireland recipients).

(3) The report must record the fact that the donation is an Irish donation.

(4) In the case of a donation by an Irish citizen the report must also—

(a) give the donor's full name, and

(b) be accompanied by one of the following documents—

(i) a copy of the donor's Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii) a copy of the donor's certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii) a copy of the donor's certificate of naturalisation certified by the Department of Foreign Affairs of Ireland,

(5) In the case of a donation in the form of a bequest the report must also—

(a) state that the donation was received in pursuance of a bequest;

(b) give the full name of the person who made the bequest; and

(c) be accompanied by either one of the documents listed in sub-paragraph (4)(b)(i) to (iii) or a statement by the Department of Foreign Affairs of Ireland that documentation submitted to that Department following the death of the person who made the bequest would have been acceptable in support of an application for an Irish passport had it been submitted when he was alive.

(6) In the case of a donation by a company the report must also give—

(a) the company's registered name;

(b) the address of its registered office; and

(7) In the case of a donation by a political party the report must also give—

(a) the party's registered name; and

(b) the address of its registered headquarters.

(8) In the case of a donation by a trade union the report must also give—

(a) the name of the trade union; and

(b) the address of its head or main office.

(9) In the case of a donation by a building society the report must also give—

(a) the name of the society; and

(b) the address of its principal office.

(10) In the case of a donation by a limited liability partnership the report must also give—

(a) the partnership's registered name; and

(b) the address of its registered office.

(11) In the case of a donation by a friendly society , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969, the report must also give—

(a) the name of the society; and

(b) the address of its registered office.

(12) In the case of a donation by an unincorporated association the report must also—

(a) give the name of the association;

(b) give the address of its main office in Ireland; and

(c) be accompanied by a statement made by a solicitor currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.

(13) In the case of a donation received in accordance with the terms of a trust the report must also—

(a) state that the donation was received from a trustee;

(b) give the date on which the trust was created;

(d) give, in relation to any settlor, the information that is required to be given under sub-paragraphs (4) to (12) of this paragraph.

(14) “Settlor” means—

(a) the person who created the trust; and

(b) every other person by whom, or under whose will, property has been transferred into the trust.

(15) In the case of a trust created before 1st November 2007 sub-paragraph (13)(d)—

(a) does not require the report to give any information in relation to the person who created the trust apart from his name;

(b) does not require the report to give any information in relation to any other person by whom, or under whose will, property has been transferred into the trust before 1st November 2007.

3A In relation to each recordable donation that is an Irish donation (within the meaning given by paragraph 2A(2)) a weekly report must—

Application of reporting requirement

5A

If the requirement to record the donation arises only because the value of the donation has, for the purposes of section 62(4) or (6), been aggregated with the value of any relevant transaction or transactions (within the meaning of section 71M), a quarterly report must contain a statement to that effect.

SCHEDULE 6A

Preliminary

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.

Declaration as to whether residence etc condition satisfied

1A

In relation to each recordable transaction in the case of which a declaration under section 71HZA has been given, a quarterly report must either—

(a) state that no reason was found to think that the declaration was incorrect, or

(b) give details of any respects in which the declaration was found or suspected to be incorrect.

Identity of authorised participants: quarterly reports

2

(1) In relation to each recordable transaction (other than one to which paragraph 2A applies), 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

(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 ... 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 ....

2A

(1) In relation to each recordable transaction that is an Irish transaction a quarterly report must comply with the following requirements of this paragraph in relation to each authorised participant (other than the registered party deriving the benefit of the transaction).

(2) “Irish transaction” means a transaction which is entered into in reliance on section 71Z1(1)(a) or (b) (extension of categories of authorised participants in relation to Northern Ireland participants).

(3) The report must record the fact that the transaction is an Irish transaction.

(4) In the case of a participant who is an Irish citizen the report must also—

(a) give the participant's full name, and

(b) be accompanied by one of the following documents—

(i) a copy of the participant's Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii) a copy of the participant's certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii) a copy of the participant's certificate of naturalisation certified by the Department of Foreign Affairs of Ireland.

(5) In the case of a participant who is a company the report must also give—

(a) the company's registered name;

(b) the address of its registered office; and

(6) In the case of a participant who is a political party the report must also give—

(a) the party's registered name; and

(b) the address of its registered headquarters.

(7) In the case of a participant who is a trade union the report must also give—

(a) the name of the trade union; and

(b) the address of its head or main office.

(8) In the case of a participant who is a building society the report must also give—

(a) the name of the society; and

(b) the address of its principal office.

(9) In the case of a participant who is a limited liability partnership the report must also give—

(a) the partnership's registered name; and

(b) the address of its registered office.

(10) In the case of a participant who is a friendly society , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969, the report must also give—

(a) the name of the society; and

(b) the address of its registered office.

(11) In the case of a participant who is an unincorporated association the report must also—

(a) give the name of the association;

(b) give the address of its main office in Ireland; and

(c) be accompanied by a statement made by a firm of solicitors currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.

Identity of authorised participants: weekly reports

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.

(3) This paragraph does not apply in relation to a recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)).

3A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)), a weekly report must—

Identity of unauthorised participants

4

(1) 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).

(2) This paragraph does not apply in relation to a recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)).

4A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)) to which a person who is not an authorised participant is a party, a quarterly or weekly report must—

Details of transaction

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, but subject to sub-paragraphs (1A) and (1B), 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.

(1A) For the purposes of paragraph 5(4) as it applies to a quarterly report in respect of a period beginning on or after 1 January 2018, the relevant date for a transaction to which this sub-paragraph applies is the date on which the transaction was entered into.

(1B) Sub-paragraph (1A) applies to a transaction which—

(a) is entered into by a Northern Ireland participant, or an accounting unit of a Northern Ireland participant, before 1 July 2017, and

(b) is within section 71M(9).

(1C) In this Schedule, “Northern Ireland participant” means a party registered in the Northern Ireland register.

(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).

Other details

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.

Appointment of responsible person by members association with no treasurer

1A

(1) A members association which does not have a treasurer—

(a) may appoint an individual to be the responsible person in relation to the association by giving notice to the Commission;

(b) shall do so within the period of 30 days beginning with the date on which the association—

(i) accepts a controlled donation which is a recordable donation for the purposes of paragraph 10, or

(ii) receives a controlled donation falling within paragraph 6(1)(a) or (b),

if a notice under this sub-paragraph is not in force on that date.

(2) A notice under sub-paragraph (1)—

(a) must be signed on behalf of the members association;

(b) must contain a statement signed by the individual to be appointed as the responsible person confirming that the individual is willing to be appointed.

(3) A notice under sub-paragraph (1) must state—

(a) the name and address of the members association;

(b) the full name of the individual to be appointed as the responsible person;

(c) the individual's home address in the United Kingdom, or (if there is no such home address) the individual's home address elsewhere.

(4) Subject to the following provisions of this paragraph, a notice under sub-paragraph (1) (“the original notice”)—

(a) shall be in force as from the date on which it is received by the Commission, but

(b) shall lapse at the end of the period of 12 months beginning with that date unless the members association or the responsible person gives the Commission a notice (a “renewal notice”) that they both wish the original notice to remain in force.

(5) A renewal notice—

(a) has the effect of extending the validity of the original notice for a further 12 months beginning with the time when it would otherwise have lapsed (whether under sub-paragraph (4)(b) or on the expiry of a previous extension under this sub-paragraph);

(b) must be received by the Commission during the period of one month ending at that time.

(6) A renewal notice must either—

(a) confirm that all the statements contained in the original notice, as it has effect for the time being, are accurate; or

(b) indicate that any statement contained in that notice, as it so has effect, is replaced by some other statement conforming with the relevant provision of sub-paragraph (3).

A renewal notice must be signed on behalf of the members association and by the responsible person.

(7) The members association or the responsible person may, at any time after giving the original notice, give the Commission a notice (a “notice of alteration”) indicating that any statement contained in the original notice, as it has effect for the time being, is replaced by some other statement—

(a) contained in the notice of alteration, and

(b) conforming with the relevant provision of sub-paragraph (3).

A notice of alteration takes effect on the day on which it is received by the Commission or (if later) on such date as may be specified in the notice.

(8) A notice of alteration must be signed—

(a) on behalf of the members association, and

(b) by the responsible person or, in the case of a notice substituting a different individual as the responsible person, by that individual.

(9) A notice under sub-paragraph (1) that has been in force for at least 12 months ceases to have effect on receipt by the Commission of a notice terminating it (a “notice of termination”)—

(a) given by and signed on behalf of the members association, or

(b) given and signed by the responsible person.

(10) On receipt of a notice of termination given by the members association or by the responsible person, the Commission must inform the other party as soon as is reasonably practicable (unless the notice was signed both on behalf of the members association and by the responsible person).

(11) A reference in this paragraph to a notice being signed on behalf of a members association is to the notice being signed by the secretary of the association or by a person who acts in a similar capacity in relation to the association.

(12) A notice under the Schedule 7A version of this paragraph also has effect as a notice under this paragraph.

The “Schedule 7A version” of this paragraph means this paragraph as it applies, in relation to controlled transactions, by virtue of paragraph 1(7A) of Schedule 7A.

Offence of failing to comply with paragraph 1A

1B

A members association commits an offence if—

(a) it is subject to the requirement in paragraph 1A(1)(b), and

(b) without reasonable excuse it fails to comply with the requirement.

Declaration as to source of donation

6A

(1) Where a person (P) causes an amount exceeding £7,500 to be received by a regulated donee by way of a donation, a written declaration must be given to the donee—

(a) by P, if P is an individual, or

(b) if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not sub-paragraph (2) applies to the donation.

(2) This sub-paragraph applies to the donation if—

(a) a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b) the money, or the value of the benefit, is more than £7,500.

(3) Where a declaration under this paragraph contains a statement to the effect that sub-paragraph (2) applies to the donation, it must also—

(a) state whether or not, in the opinion of the person making the declaration—

(i) sub-paragraph (2) of paragraph 6 applies to the donation;

(ii) sub-paragraph (4) of that paragraph applies to it;

(b) if the person's opinion is that neither of those sub-paragraphs applies to the donation, give the person's reasons for that opinion.

(4) The declaration must also state the full name and address of the person by whom it is made and, where sub-paragraph (1)(b) applies—

(a) state that the person is authorised by P to make the declaration;

(b) describe the person's role or position in relation to P.

(5) A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6) Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of sub-paragraph (2).

Declaration as to whether residence etc condition satisfied

6B

(1) An individual making to a regulated donee a donation in relation to which the condition set out in section 54(2ZA) applies must give to the donee a written declaration stating whether or not the individual satisfies that condition.

(2) A declaration under this paragraph must also state the individual's full name and address.

(3) A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(4) The Secretary of State may by regulations make provision requiring a declaration under this paragraph to be retained for a specified period.

(5) The requirement in sub-paragraph (1) does not apply where, by reason of section 71B(1)(a), the individual by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the donee.

Donations to holders of certain elective offices

15A

(1) This paragraph applies in relation to donations received by a holder of a relevant elective office, other than a police and crime commissioner if—

(a) the relevant body has in place arrangements requiring the holder of the office to report such donations, and

(b) the Commission think that the arrangements correspond to the requirements of paragraph 10.

(2) The Commission must make such arrangements as they think appropriate corresponding to section 69 as modified in pursuance of paragraph 15(3) to maintain a register of such information as they receive relating to such donations.

(3) In sub-paragraph (1)(a) a relevant body is—

(a) if the holder of a relevant elective office is a member of a body mentioned in paragraphs (a) to (f) of paragraph 1(8), that body;

(b) if the holder of a relevant elective office is the Mayor of London, the London Assembly;

(c) if the holder of a relevant elective office is an elected mayor within the meaning of Part 2 of the Local Government Act 2000, the local authority of which he is the mayor.

Part 7 — Compliance officers

Orders and regulations.

17

(1) A regulated donee who is the holder of a relevant elective office (the “office-holder”) may, by giving a notice to the Commission which complies with paragraph 18(1), appoint an individual as compliance officer for the office-holder.

(2) Where a notice under this paragraph is for the time being in force—

(a) any duty imposed on the office-holder by virtue of paragraph 8, or under paragraph 10, 11 or 13, may be discharged either by the office-holder or by the compliance officer;

(b) section 56(3), (3B) and (4) as applied by paragraph 8, and paragraph 12(1) and (2), apply to the compliance officer as well as the office-holder (so that either or both of them may be charged with any offence under those provisions);

(c) if the compliance officer makes a declaration under paragraph 13, paragraph 13(4) applies to the compliance officer instead of the office-holder.

(3) The compliance officer for an office-holder cannot be guilty of an offence under paragraph 12(1) or (2) in respect of any controlled donation received by the office-holder at a time when the notice under this paragraph was not in force.

(4) A person commits an offence if, at a time when a notice under this paragraph is in force in relation to an office-holder, the person knowingly gives the compliance officer any information relating to—

(a) the amount of any controlled donation made to the office-holder, or

(b) the person or body making such a donation,

which is false in a material particular.

18

(1) A notice under paragraph 17—

(a) must be signed by the office-holder, and

(b) must contain a statement signed by the individual to be appointed as compliance officer confirming that the individual is willing to be appointed.

(2) A notice under paragraph 17 must state—

(a) the full name of the office-holder,

(b) the relevant elected office that the person holds,

(c) the office-holder's home address in the United Kingdom, or (if there is no such home address) the office-holder's home address elsewhere, and

(d) if the office-holder is a member of a registered party, the party's registered name and the address of its registered headquarters.

(3) A notice under paragraph 17 must also state—

(a) the full name of the individual to be appointed as compliance officer,

(b) if the individual holds a relevant elected office, what that office is,

(c) the individual's home address in the United Kingdom, or (if there is no such home address) the individual's home address elsewhere, and

(d) if the individual is a member of a registered party, the party's registered name and the address of its registered headquarters.

(4) Subject to the following provisions of this paragraph, a notice under paragraph 17 (“the original notice”)—

(a) shall be in force as from the date on which it is received by the Commission, but

(b) shall lapse at the end of the period of 12 months beginning with that date unless the office-holder or the compliance officer gives the Commission a notice (a “renewal notice”) that they both wish the original notice to remain in force.

(5) A renewal notice—

(a) has the effect of extending the validity of the original notice for a further 12 months beginning with the time when it would otherwise have lapsed (whether under sub-paragraph (4)(b) or on the expiry of a previous extension under this sub-paragraph);

(b) must be received by the Commission during the period of one month ending at that time.

(6) A renewal notice must either—

(a) confirm that all the statements contained in the original notice, as it has effect for the time being, are accurate; or

(b) indicate that any statement contained in that notice, as it so has effect, is replaced by some other statement conforming with the relevant provision of sub-paragraph (2) or (3).

A renewal notice must be signed by the office-holder and the compliance officer.

(7) The office-holder or the compliance officer may, at any time after giving the original notice, give the Commission a notice (a “notice of alteration”) indicating that any statement contained in the original notice, as it has effect for the time being, is replaced by some other statement—

(a) contained in the notice of alteration, and

(b) conforming with the relevant provision of sub-paragraph (2) or (3).

A notice of alteration takes effect on the day on which it is received by the Commission or (if later) on such date as may be specified in the notice.

(8) A notice of alteration must be signed—

(a) by the office-holder, and

(b) by the compliance officer or, in the case of a notice substituting a different individual as the compliance officer, by that individual.

(9) A notice under paragraph 17 ceases to have effect on receipt by the Commission of a notice terminating it (a “notice of termination”) given and signed by the office-holder or by the compliance officer.

(10) On receipt of a notice of termination given by the office-holder or by the compliance officer, the Commission must inform the other party as soon as is reasonably practicable (unless the notice was signed both by the office-holder and by the compliance officer).

19

(1) The Commission shall maintain a register of all notices given to them under paragraph 17 which are for the time being in force.

(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 notice, all the information contained in the notice as it has effect for the time being in accordance with paragraph 18.

(3) Where any notice is given to the Commission under paragraph 17 or sub-paragraph (4)(b) or (7) of paragraph 18, they shall cause all the information contained in the notice, or (as the case may be) any new information contained in it, to be entered in the register as soon as is reasonably practicable.

(4) The information to be entered in the register in respect of any individual shall, however, not include the individual's home address.

SCHEDULE 7A

Operation and construction of Schedule

1

(1) This Schedule has effect for controlling loans and certain other transactions where one of the parties to the transaction is—

(a) a member of a registered party,

(b) a members association, or

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

(3) References to a controlled transaction must be construed in accordance with paragraph 2.

(4) A reference to a connected transaction is a reference to a controlled transaction falling within paragraph 2(3)(b).

(5) A regulated participant is—

(a) a member of a registered party;

(b) a members association;

(6) A credit facility is an agreement whereby a regulated participant is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the regulated participant) as is specified in or determined in accordance with the agreement.

(7) References to each of the following must be construed in accordance with Schedule 7—

(a) the political activities of a party member or a members association;

(b) members association;

(d) the responsible person (in relation to a members association). . . .

(7A) Paragraphs 1A and 1B of Schedule 7 apply for the purposes of this Schedule, in relation to controlled transactions, as they apply for the purposes of that Schedule in relation to controlled donations.

(7B) Paragraph 1A(1)(b) of Schedule 7, as it applies by virtue of sub-paragraph (7A) above, has effect as if for sub-paragraphs (i) and (ii) there were substituted—

(i) enters into a controlled transaction which is a recordable transaction for the purposes of paragraph 9 of Schedule 7A, or

(ii) enters into a controlled transaction falling within paragraph 5 or 6(1)(b) of that Schedule,

(7C) A notice under paragraph 1A of Schedule 7 also has effect as a notice under the Schedule 7A version of that paragraph.

The “Schedule 7A version” of paragraph 1A of Schedule 7 means that paragraph as it applies, in relation to controlled transactions, by virtue of sub-paragraph (7A) above.

(8) This Schedule does not have effect in relation to—

(a) a member of the Scottish Parliament, or

(b) a member of a local authority in Scotland,

if he is not also a member of a registered party.

Controlled transaction

2

(1) An agreement between a regulated participant and another person by which the other person makes a loan of money to the regulated participant is a controlled transaction if the use condition is satisfied.

(2) An agreement between a regulated participant and another person by which the other person provides a credit facility to the regulated participant is a controlled transaction if the use condition is satisfied.

(3) Where—

(a) a regulated participant and another person (A) enter into a controlled transaction of a description mentioned in sub-paragraph (1) or (2) or a transaction under which any property, services or facilities are provided for the use or benefit of the regulated participant (including the services of any person),

(b) A also enters into an arrangement where a third person gives any form of security (whether real or personal) for a sum owed to A by the regulated participant under the transaction mentioned in paragraph (a), and

the arrangement is a controlled transaction.

(4) An agreement or arrangement is not a controlled transaction—

(a) to the extent that in accordance with any enactment a payment made in pursuance of the agreement or arrangement falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election, or

(b) if its value is not more than £500.

(5) Anything given or transferred to an officer, member, trustee or agent of a members association in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the association (and references to money or any other benefit received by a regulated participant accordingly include, in the case of a members association, money or any other benefit so given or transferred).

(6) The use condition is that the regulated participant intends at the time he enters into a transaction mentioned in sub-paragraph (1), (2) or (3)(a) to use any money or benefit obtained in consequence of the transaction in connection with relevant political activities.

(7) For the purposes of sub-paragraph (6), it is immaterial that only part of the money or benefit is intended to be used in connection with relevant political activities.

(8) Relevant political activities are—

(a) if the regulated participant is a member of a registered party, any of his political activities as a member of the party;

(b) if the regulated participant is a members association, any of its political activities;

(9) The Secretary of State may, by order, specify circumstances or any description of circumstances in which an agreement or arrangement falling within any of sub-paragraphs (1) to (3) is not a controlled transaction.

Valuation of controlled transactions

3

(1) The value of a controlled transaction which is a loan is the value of the total amount to be lent under the loan agreement.

(2) The value of a controlled transaction which is a credit facility is the maximum amount which may be borrowed under the agreement for the facility.

(3) The value of a controlled transaction which is an arrangement by which any form of security is given is the contingent liability under the security provided.

(4) For the purposes of sub-paragraphs (1) and (2), no account is to be taken of the effect of any provision contained in a loan agreement or an agreement for a credit facility at the time it is entered into which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility, whether or not any such interest has been so added.

Authorised participants

4

(1) A regulated participant must not—

(a) be a party to a controlled transaction to which any of the other parties is not an authorised participant;

(b) derive a benefit in consequence of a connected transaction if any of the parties to that transaction is not an authorised participant.

(2) This paragraph does not apply to a controlled transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.

(3) In this Schedule, an authorised participant is a person who is a permissible donor within the meaning of section 54(2).

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may, by order, specify circumstances or any description of circumstances in which a person who is not a permissible donor is to be treated as an authorised participant.

Declaration that residence etc condition satisfied

4A

(1) A regulated participant must not be a party to a controlled transaction to which this paragraph applies unless the regulated participant has received a written declaration from each of the other parties to the transaction who is an individual stating that the individual satisfies the condition set out in section 54(2ZA).

(2) This paragraph applies to a controlled transaction—

(a) if the value of the transaction is more than £7,500, or

(b) if the aggregate amount of it and any other relevant benefit or benefits accruing in the same calendar year as the transaction is more than £7,500.

(3) For the purposes of sub-paragraph (2) “relevant benefit” and “accruing” have the meaning given by section 71M(3).

(4) A declaration under this paragraph must also state the full name and address of the person by whom it is made.

(5) A person who knowingly or recklessly makes a false declaration under this paragraph commits an offence.

(6) The Secretary of State may by regulations make provision requiring a declaration under this paragraph to be retained for a specified period.

(7) The reference in sub-paragraph (1) to each of the other parties to the transaction does not include any individual who, at the time the transaction is entered into, is an authorised participant in relation to it by reason of section 71Z1(1)(a).

Controlled transaction involving unauthorised participant

5

(1) This paragraph applies if a regulated participant is a party to a controlled transaction in which another participant is not an authorised participant.

(2) The transaction is void.

(3) Despite sub-paragraph (2)—

(a) any money received by the regulated participant by virtue of the transaction must be repaid by the regulated participant to the person from whom it was received, along with interest at such rate as is determined in accordance with an order made by the Secretary of State;

(b) that person is entitled to recover the money, along with such interest.

(4) If—

(a) the money is not (for whatever reason) repaid as mentioned in sub-paragraph (3)(a), or

(b) the person entitled to recover the money refuses or fails to do so,

the Commission may apply to the court to make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.

(5) In the case of a controlled transaction where a party other than a regulated participant—

(a) at the time the regulated participant enters into the transaction, is an authorised participant, but

(b) subsequently, for whatever reason, ceases to be an authorised participant,

the transaction is void and sub-paragraphs (3) and (4) apply with effect from the time when the other party ceased to be an authorised participant.

(6) This paragraph does not apply to a controlled transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.

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