Legalize / United Kingdom / Public General Act

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

Guarantees and securities: unauthorised participants

6

(1) This paragraph applies if—

(a) a regulated participant and another person (A) enter into a transaction of a description mentioned in paragraph 2(3)(a),

(b) A is party to a controlled transaction of a description mentioned in paragraph 2(3)(b) (“the connected transaction”) with another person (B), and

(2) Paragraph 5(2) to (4) applies to the transaction mentioned in sub-paragraph (1)(a).

(3) The connected transaction is void.

(4) Sub-paragraph (5) applies if (but only if) A is unable to recover from the regulated participant the whole of the money mentioned in paragraph 5(3)(a) (as applied by sub-paragraph (2) above), along with such interest as is there mentioned.

(5) Despite sub-paragraph (3), A is entitled to recover from B any part of that money (and such interest) that is not recovered from the regulated participant.

(6) Sub-paragraph (5) does not entitle A to recover more than the contingent liability under the security provided by virtue of the connected transaction.

(7) In the case of a connected transaction where B—

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

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

sub-paragraphs (2) to (6) apply with effect from the time when B ceased to be an authorised participant.

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

(9) If the transaction mentioned in paragraph 2(3)(a) is not a controlled transaction of a description mentioned in paragraph 2(1) or (2), references in this paragraph and paragraph 5(2) to (4) (as applied by sub-paragraph (2) above) to the repayment or recovery of money must be construed as references to (as the case may be)—

(a) the return or recovery of any property provided under the transaction,

(b) to the extent that such is incapable of being returned or recovered or its market value has diminished since the time the transaction was entered into, the repayment or recovery of the market value at that time, or

Transfer to unauthorised participant invalid

7

If an authorised participant purports to transfer his interest in a controlled transaction to a person who is not an authorised participant the purported transfer is of no effect.

Offences

8

(1) An individual who is a regulated participant commits an offence if—

(a) he enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant, and

(b) he knew or ought reasonably to have known that the other participant was not an authorised participant.

(2) A responsible person of a members association commits an offence if—

(a) the association enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant, and

(b) he knew or ought reasonably to have known of the matters mentioned in paragraph (a).

(3) An individual who is a regulated participant commits an offence if—

(a) he enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant,

(b) sub-paragraph (1)(b) does not apply to him, and

(c) as soon as practicable after knowledge that the other participant is not an authorised participant comes to him he fails to take all reasonable steps to repay any money which he has received by virtue of the transaction.

(4) A responsible person of a members association commits an offence if—

(a) the association enters into a controlled transaction of a description mentioned in paragraph 2(1) or (2) in which another participant is not an authorised participant,

(b) sub-paragraph (2)(b) does not apply to him, and

(c) as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to him he fails to take all reasonable steps to repay any money which the association has received by virtue of the transaction.

(5) An individual who is a regulated participant commits an offence if—

(a) he benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and

(b) he knew or ought reasonably to have known that one of the other parties was not an authorised participant.

(6) A responsible person of a members association commits an offence if—

(a) the association benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and

(b) he knew or ought reasonably to have known of the matters mentioned in paragraph (a).

(7) An individual who is a regulated participant commits an offence if—

(a) he is a party to a transaction of a description mentioned in paragraph 2(3)(a),

(b) he benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant,

(d) as soon as practicable after knowledge comes to him that one of the parties to the connected transaction is not an authorised participant he fails to take all reasonable steps to repay to any person who has provided him with any benefit in consequence of the connected transaction the value of the benefit.

(8) A responsible person of a members association commits an offence if—

(a) the association is a party to a transaction of a description mentioned in paragraph 2(3)(a),

(b) the association benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant,

(d) as soon as practicable after knowledge comes to him that one of the parties to the connected transaction is not an authorised participant he fails to take all reasonable steps to repay to any person who has provided the association with any benefit in consequence of the connected transaction the value of the benefit.

(9) A person commits an offence if he—

(a) knowingly enters into, or

(b) knowingly does any act in furtherance of,

any arrangement which facilitates or is likely to facilitate, whether by means of concealment or disguise or otherwise, the participation by a regulated participant in a controlled transaction with a person other than an authorised participant.

(10) It is a defence for a person charged with an offence under sub-paragraph (2) to prove that he took all reasonable steps to prevent the members association entering into the transaction.

(11) It is a defence for a person charged with an offence under sub-paragraph (6) to prove that he took all reasonable steps to prevent the members association benefiting in consequence of the connected transaction.

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

(13) A reference to a regulated participant 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 paragraph does not apply to a transaction which is entered into before the commencement of section 61 of the Electoral Administration Act 2006.

Transaction reports: transactions with authorised participants

9

(1) A regulated participant must prepare a report under this paragraph in respect of each controlled transaction entered into by him which is a recordable transaction.

(2) For the purposes of this paragraph a controlled transaction is a recordable transaction—

(a) if the value of the transaction is more than £11,180 (where the regulated participant is a members association) or £2,230 (in any other case), or

(b) if the aggregate value of it and any other controlled benefit or benefits accruing to the regulated participant—

(i) from the same person and in the same calendar year, and

(ii) in respect of which no report has been previously made under this paragraph,

is more than £11,180 (where the regulated participant is a members association) or £2,230 (in any other case).

(3) A controlled benefit is—

(a) a controlled donation within the meaning of paragraph 1(3) of Schedule 7;

(b) a controlled transaction.

(4) A controlled benefit which is a controlled donation accrues—

(a) from the permissible donor (within the meaning of section 54(2) ...) who made it, and

(b) when it is accepted by the donee.

(5) A controlled benefit which is a controlled transaction accrues—

(a) from any authorised participant who is a party to it, and

(b) when it is entered into.

(6) For the purposes of this paragraph (other than sub-paragraphs (6A) to (6C)) and section 71Z4 (duty not to disclose contents of transaction reports) , if—

(a) the value of a controlled transaction as first entered into is such that it is not a recordable transaction, but

(b) the terms of the transaction are subsequently varied in such a way that it becomes a recordable transaction,

the regulated participant must be treated as having entered into a recordable transaction on the date when the variation takes effect.

(6A) But if sub-paragraph (6) would otherwise have the effect that a person who is or has been a member or employee of the Commission could make available to the public information to which this sub-paragraph applies, it does not have that effect.

(6B) Sub-paragraph (6A) applies to information—

(a) which has been obtained by the Commission in the exercise of their functions under Part 4A, and

(b) which relates to a controlled transaction to which a Northern Ireland participant is a party and which was entered into before 1 January 2014.

(6C) Information to which sub-paragraph (6A) applies is to be treated for the purposes of sections 71Z4 and 149A (inspection of Commission’s registers etc.: Northern Ireland) as information relating to a transaction to which section 71Z4 applies.

(7) A regulated participant must deliver the report prepared in accordance with sub-paragraph (1) to the Commission within the period of 30 days beginning with—

(a) if sub-paragraph (2)(a) applies, the date on which the transaction is entered into;

(b) if sub-paragraph (2)(b) applies, the date on which the benefit which causes the aggregate amount to exceed £11,180 or (as the case may be) £2,230.

(8) Each report prepared in accordance with sub-paragraph (1) must—

(a) give the name and address of the regulated participant, and

(b) if he is the holder of a relevant elective office, specify the office in question.

(9) Each such report must also give—

(a) such information as is required to be given, in the case of a report prepared in accordance with section 71M, by virtue of paragraphs 2 , 2A and 5(2) and (3) of Schedule 6A;

(b) in relation to a controlled transaction of a description mentioned in paragraph 2(1) or (2) above, such information as is required to be given, in the case of a report prepared in accordance with that section, by virtue of paragraph 6 of that Schedule;

(c) in relation to a controlled transaction of a description mentioned in paragraph 2(3)(b) above, such information as is required to be given, in the case of a report prepared in accordance with that section, by virtue of paragraph 7 of that Schedule;

(d) the date on which the transaction is entered into;

(e) such other information as is required by regulations made by the Commission.

(9A) Sub-paragraph (9B) applies in relation to a transaction which—

(a) is entered into by a Northern Ireland participant before 1 July 2017, and

(b) is included in a report under sub-paragraph (1) to which this sub-paragraph applies because it has been varied as described in sub-paragraph (6).

(9B) For the purposes of sub-paragraph (9)(d), the report on the transaction must give—

(a) the date on which the transaction was first entered into, and

(b) the date on which the variation took effect.

(9C) Sub-paragraph (9A) applies to a report which is delivered to the Commission on or after the date on which Article 9 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.

(10) In the application of paragraphs 2, 2A 5(2) and (3), 6 and 7 of Schedule 6A in accordance with sub-paragraph (9) above—

(a) any reference to a recordable transaction within the meaning of that Schedule must be construed as a reference to a recordable transaction within the meaning of this paragraph;

(b) any reference to section 71G or section 71F(4)(a) must be construed as a reference to paragraph 3 above or paragraph 2(3)(a) above;

(c) any reference to a regulated transaction or a registered party within the meaning of that Schedule must be construed as a reference to a controlled transaction or a regulated participant within the meaning of this paragraph;

(d) any reference to a transaction report within the meaning of that Schedule must be construed as a reference to a report under this paragraph.

(11) In this Schedule, “Northern Ireland participant” means a regulated participant who is—

(a) an individual ordinarily resident in Northern Ireland, or

(b) a members association wholly or mainly consisting of members of a party registered in the Northern Ireland register.

Transaction reports: transactions with unauthorised participants

10

(1) A regulated participant must—

(a) prepare a report under this paragraph in respect of each controlled transaction entered into by him and falling within paragraph 5 or 6(1)(b), and

(b) deliver the report to the Commission within the period of 30 days beginning with the date when the transaction was dealt with in accordance with that paragraph.

(2) Each such report must—

(a) give the name and address of the regulated participant;

(b) if he is the holder of a relevant elective office, specify the office in question.

(3) Subject to sub-paragraph (5), each such report in respect of a transaction falling within paragraph 5 must also give—

(a) the name and address of the unauthorised participant;

(b) the nature of the transaction (that is to say, whether it is a loan or a credit facility);

(c) the value of the transaction or, in the case of a credit facility to which no limit is specified, a statement to that effect;

(d) the date on which the transaction was entered into and the date when, and manner in which, it was dealt with in accordance with paragraph 5;

(e) such other information as is required by regulations made by the Commission.

(4) Subject to sub-paragraph (5), each such report in respect of a transaction falling within paragraph 6(1)(b) must also give—

(a) the name and address of the unauthorised participant;

(b) the value of the transaction or, in the case of a security to which no limit is specified, a statement to that effect;

(d) where the security given consists in or includes rights over any property, the nature of that property;

(e) the date on which the transaction was entered into and the date when, and manner in which, it was dealt with in accordance with paragraph 6;

(f) such other information as is required by regulations made by the Commission.

(5) In relation to a transaction falling within paragraph 5 or 6(1)(b) which is an Irish transaction within the meaning of paragraph 2A(2) of Schedule 6A, each such report must record the fact that the transaction is an Irish transaction.

Transaction reports: changes to recorded transactions

11

(1) A regulated participant must—

(a) prepare a report under this paragraph in respect of each change to a recorded transaction; and

(b) deliver the report to the Commission within the period of 30 days beginning with the date on which the change takes effect.

(2) A recorded transaction is a transaction recorded in a report under paragraph 9.

(3) There is a change to a recorded transaction if—

(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 9(9), or

(4) For the purposes of sub-paragraph (3)(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).

(5) There is also a change to a recorded transaction if a person who is not an authorised participant becomes party to the transaction (whether in place of or in addition to any existing participant).

(6) Each report prepared in accordance with sub-paragraph (1) must—

(a) give the name and address of the regulated participant; and

(b) if he is the holder of a relevant elective office, specify the office in question.

(7) Each such report must also give—

(a) details of the change;

(b) the date on which the change takes effect;

(c) in the case of a change falling within sub-paragraph (5), the date when and the manner in which the transaction was dealt with in accordance with paragraph 5 or 6;

(d) such other information as is required by regulations made by the Commission.

(8) Where information about a change of the kind mentioned in section 71Z4(A3)(b) to a transaction to which a Northern Ireland participant is a party is supplied in a report under this paragraph to which this sub-paragraph applies, and the transaction was entered into before 1 January 2014, the report must state that fact.

(9) Sub-paragraph (8) applies to a report which is delivered to the Commission on or after the date on which Article 9 of the Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018 comes into force.

Offence of failing to deliver transaction report

12

(1) Where a report required to be delivered to the Commission under paragraph 9(1), 10(1) or 11(1) is , without reasonable excuse, not delivered by the end of the period of 30 days mentioned in paragraph 9(7), 10(1) or 11(1)—

(a) in the case of a regulated participant other than a members association, the regulated participant is guilty of an offence;

(b) in the case of a members association, the association and the responsible person are guilty of an offence.

(2) If such a report is delivered to the Commission which , without reasonable excuse, does not comply with any requirements of paragraph 9, 10 or 11 as regards the information to be given in such a report—

(a) in the case of a regulated participant other than a members association, the regulated participant is guilty of an offence;

(b) in the case of a members association, the association and the responsible person are guilty of an offence.

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

(4) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any transaction entered into by a regulated participant 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.

(5) An order under sub-paragraph (4) may in particular—

(a) where the transaction is a loan or credit facility, require that any amount owed by the regulated participant 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.

Declaration in transaction report

13

(1) Each report under paragraph 9 or 10 must, when delivered to the Commission, be accompanied by a declaration made by—

(a) the regulated participant, or

(b) (if a members association) the responsible person,

which complies with sub-paragraph (2) or (3).

(2) In the case of a report under paragraph 9, the declaration must state that, to the best of the declarant's knowledge and belief, any transaction recorded in the report as having been entered into by the regulated participant was entered into with an authorised participant.

(3) In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant's knowledge and belief, the transaction recorded in the report as having been entered into by the regulated participant has been dealt with in accordance with paragraph 5 or 6.

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

Existing transactions

14

(1) Paragraphs 9 to 11 have effect in relation to existing transactions as they have effect in relation to transactions entered into after the date on which those paragraphs come into force, except that—

(a) references in paragraph 9 to a controlled benefit do not include references to a controlled donation;

(b) in paragraph 9(2)(b)(i) the words “and in the same calendar year” are omitted;

(c) the requirement in paragraph 9(7), 10(1)(b) or 11(1)(b) is a requirement to deliver the report within the period of 60 days beginning with the date on which that provision comes into force.

(2) An existing transaction is a controlled transaction which, at the date on which paragraphs 9 to 11 come into force, has not come to an end for the purposes of paragraph 11(3)(c).

Register of recordable transactions

15

(1) Section 71V applies in relation to transactions reported to the Commission under this Schedule (“relevant transactions”) as it applies to transactions reported to them under Part 4A of this Act.

(2) But in its application in accordance with sub-paragraph (1), section 71V(2) has effect in relation to a relevant transaction as if (instead of requiring the register to contain the details mentioned in paragraphs (a) to (c) of that subsection) it required the register to contain such details as have been given in relation to the transaction in pursuance of paragraph 9(8) and (9), 10(2) to (5) or 11(6) and (7).

Proceedings under paragraphs 5 and 12

17

(1) This paragraph has effect in relation to proceedings on applications under paragraphs 5(4) and 12(4).

(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 paragraph 8 or 12(1) or (2).

(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) Sub-paragraph (6) does not affect any existing power to make rules.

Compliance officers

18

(1) This paragraph applies where a regulated participant who is the holder of a relevant elective office (the “office-holder”) has given a notice to the Commission under paragraph 17 of Schedule 7 appointing an individual as compliance officer for the office-holder.

(2) Where the notice is for the time being in force—

(a) any duty imposed on the office-holder under paragraph 9, 10, 11 or 13 may be discharged either by the office-holder or by the compliance officer;

(b) paragraph 12(1) and (2) applies to the compliance officer as well as the office-holder (so that either or both of them may be charged with an offence under paragraph 12(1) or (2));

(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 transaction entered into by the office-holder at a time when the notice was not in force.

Combination of parliamentary general election and other election, or elections, falling within paragraphs 5 to 7

Declaration as to source of donation

6A

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

(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 (4) of paragraph 6 applies to the donation;

(ii) sub-paragraph (6) 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 recognised third party a donation in relation to which the condition set out in section 54(2ZA) applies must give to the recognised third party a written declaration stating whether or not the individual satisfies that condition.

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

(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.

Declarations under paragraph 6A or 6B

9A

(1) In relation to each relevant donation falling within paragraph 10(2) in the case of which a declaration under paragraph 6A has been given, the statement 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 relevant donation falling with paragraph 10(2) in the case of which a declaration under paragraph 6B has been given, the statement 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.

1

For the purposes of section 111(2) the expenses falling within this Part of this Schedule are expenses incurred in respect of any of the matters set out in the following list.

2

Nothing in paragraph 1 shall be taken as extending to—

(a) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(b) any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the campaign organiser; or

(c) any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.

3

(1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within Part I of this Schedule.

(2) Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval.

(3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.

(4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

(5) If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code.

(7) If no such resolution is made within the 40-day period—

(a) the Secretary of State shall issue the code in the form of the draft laid before Parliament, and

(b) the code shall come into force on such date as the Secretary of State may by order appoint;

and the Commission shall arrange for it to be published in such manner as they consider appropriate.

(8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

(9) In this paragraph “40-day period”, in relation to a draft code, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) In this paragraph references to a draft code include a draft revised code.

4

(1) The Secretary of State may by order make such amendments of Part I of this Schedule as he considers appropriate.

(2) The Secretary of State may make such an order either—

(a) where the order gives effect to a recommendation of the Commission; or

(b) after consultation with the Commission.

Declaration as to source of donation

6A

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

(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 (5) of paragraph 6 applies to the donation;

(ii) sub-paragraph (7) 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 permitted participant a donation in relation to which the condition set out in section 54(2ZA) applies must give to the permitted participant a 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.

Declarations under paragraph 6A or 6B

9A

(1) In relation to each relevant donation falling within paragraph 10(2) in the case of which a declaration under paragraph 6A has been given, the statement 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 relevant donation falling with paragraph 10(2) in the case of which a declaration under paragraph 6B has been given, the statement 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.

SCHEDULE 19A

Requirement to notify Commission of political contributions over £37,270

1

(1) Where in any calendar year an unincorporated association falling within section 54(2)(h)—

(a) makes a political contribution of more than £37,270, not having previously made any political contributions in that year, or

(b) makes a political contribution which takes the total amount of such contributions made by it in that year above £37,270,

the association must notify the Commission accordingly within the period of 30 days beginning with the date on which the contribution was made.

(2) An unincorporated association makes a “political contribution” in any of the following cases—

(a) it makes a donation (within the meaning of Part 4) to a registered party;

(b) it makes a loan of money to a registered party, or discharges (to any extent) a liability of a registered party, in pursuance of a regulated transaction (within the meaning of Part 4A);

(d) it makes a loan of money to a regulated donee, or discharges (to any extent) a liability of a regulated donee, in pursuance of a controlled transaction (within the meaning of Schedule 7A);

(e) it makes a donation (within the meaning of Schedule 11) to a recognised third party;

(f) it makes a donation (within the meaning of Schedule 15) to a permitted participant.

(g) it makes a relevant donation within the meaning of Schedule 4 to the Recall of MPs Act 2015 (see Part 1 of that Schedule) to an accredited campaigner.

(3) For the purposes of sub-paragraph (1)(b) a contribution is not counted towards the total unless it is a contribution of more than £500.

(4) In this paragraph—

“accredited campaigner” has the same meaning as in Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);

“permitted participant” has the meaning given in section 105 except that it does not include a registered party other than a minor party;

“recognised third party” has the meaning given in section 85;

“regulated donee” has the meaning given in Part 1 of Schedule 7.

(5) For the purposes of this paragraph—

(a) the value of a donation to a registered party shall be determined in accordance with section 53;

(b) the value of a donation to a regulated donee shall be determined in accordance with paragraph 5 of Schedule 7;

(c) the value of a donation to a recognised third party shall be determined in accordance with paragraph 5 of Schedule 11;

(d) the value of a donation to a permitted participant shall be determined in accordance with paragraph 5 of Schedule 15;

(e) the value of a contribution within sub-paragraph (2)(b) or (d) is the amount of money lent or liability discharged.

(f) the value of a donation to an accredited campaigner shall be determined in accordance with paragraph 5 of Schedule 4 to the Recall of MPs Act 2015.

(6) Where a donation, or a sum of money lent, is sent on one day and received on another, the donation or loan is treated for the purposes of this paragraph as made on the earlier of those days.

Requirement to report gifts received to Commission

2

(1) This paragraph applies where the making of a political contribution by an unincorporated association causes the association to be subject to the notification requirement in paragraph 1; and in this paragraph—

“the contribution date” means the date on which that contribution was made;

“quarter” means a period of three months ending on 31st March, 30th June, 30th September or 31st December.

(2) Within the period of 60 days beginning with the contribution date, the unincorporated association must make a report to the Commission—

(a) specifying every gift of more than £11,180 received by the association in the period—

(i) beginning at the start of the calendar year preceding the year in which the contribution date falls, and

(ii) ending with the contribution date,

(b) (if it is the case) stating that the association received no such gifts in the period mentioned in paragraph (a).

(3) Within the period of 30 days following the end of the first quarter to begin after the contribution date, the unincorporated association must make a report to the Commission—

(a) specifying every gift of more than £11,180 received by the association in the period—

(i) beginning with the day after the contribution date, and

(ii) ending with the end of the quarter,

(b) (if it is the case) stating that the association received no such gifts in the period mentioned in paragraph (a).

(4) In relation to each subsequent quarter ending in the calendar year in which the contribution date falls or in the following calendar year, the unincorporated association must within the period of 30 days following the end of the quarter make a report to the Commission—

(a) specifying every gift of more than £11,180 received by the association in the quarter, or

(b) (if it is the case) stating that the association received no such gifts in the quarter.

(5) Where—

(a) an unincorporated association receives two or more gifts of more than £500 from the same person in the same calendar year, and

(b) those gifts amount to more than £11,180 in total,

the association is treated for the purposes of this paragraph as receiving a gift of more than £11,180 on the day on which it receives the gift that takes the total amount of gifts from that person in that year above £11,180.

(6) Where—

(a) an unincorporated association receives (or is treated by sub-paragraph (5) as receiving) a gift of more than £11,180 from a particular person, and

(b) later in the same calendar year the association receives a gift of more than £2,230 from the same person,

that subsequent gift is treated for the purposes of this paragraph in the same way as a gift of more than £11,180.

(7) A reference in this paragraph to a gift of more than a certain amount is to be read, in the case of a gift in a form other than money, as a reference to a gift with a value of more than that amount.

(8) Nothing in this paragraph requires an unincorporated association to report to the Commission—

(a) any gift that it has already reported to them under this paragraph, or

(b) in the case of an association that at the relevant time was a members association within the meaning of Schedule 7, any gift that it is required to report to them under Part 3 of that Schedule.

Information to be included in reports under paragraph 2

3

(1) A report under paragraph 2 must give the following information in relation to each gift that is required to be specified—

(a) the date on which it was received;

(b) the form that it took;

(d) whatever details the unincorporated association knows of the name and address of the person by whom the gift was made.

(2) Where paragraph 2(5) applies, each of the gifts of more than £500 mentioned in that provision is required to be specified separately for the purposes of sub-paragraph (1).

(3) Where a person (“P”) makes a gift indirectly through one or more intermediaries, the reference in sub-paragraph (1)(d) to the person by whom the gift was made is to be read as a reference to P and each of the intermediaries.

Declaration by authorised individual

4

A notification under paragraph 1 or a report under paragraph 2 must contain a declaration, made by an individual authorised to do so by the unincorporated association concerned, that to the best of the individual's knowledge and belief—

(a) everything stated in the notification or report is accurate, and

(b) the notification or report contains everything that it is required to contain by this Schedule.

Additional matters to be included in notifications and reports

5

A notification under paragraph 1 or a report under paragraph 2 must (as well as containing the things that paragraphs 1 and 4 or paragraphs 3 and 4 require it to contain)—

(a) state the name of the unincorporated association by which it is given;

(b) state the address of the association's main office in the United Kingdom;

(d) state that the individual is authorised by the unincorporated association to make the declaration;

(e) describe the individual's role or position in relation to the association.

Offences

6

(1) An unincorporated association commits an offence if it—

(a) is required by paragraph 1 to give a notification to the Commission, or

(b) is required by paragraph 2 to make a report to the Commission,

and fails without reasonable excuse to do so within the permitted period.

(2) An unincorporated association commits an offence if, without reasonable excuse, it—

(a) gives a notification to the Commission under paragraph 1, or

(b) makes a report to the Commission under paragraph 2,

which fails to comply with any requirement of this Schedule applying to the notification or report.

(3) An individual who knowingly or recklessly makes a false declaration under paragraph 4 commits an offence.

(4) For the purposes of sub-paragraph (1) the “permitted period” is—

(a) in relation to a notification under paragraph 1, the period of 30 days mentioned in paragraph 1(1);

(b) in relation to a notice under sub-paragraph (2) of paragraph 2, the period of 60 days mentioned in that sub-paragraph;

(c) in relation to a notice under sub-paragraph (3) of paragraph 2, the period of 30 days mentioned in that sub-paragraph;

(d) in relation to a notice under sub-paragraph (4) of paragraph 2, the period of 30 days mentioned in that sub-paragraph.

Register of recordable gifts to unincorporated associations

7

(1) The Commission shall maintain a register of all notifications made to them under paragraph 1 and all gifts reported to them under paragraph 2.

(2) The register shall be maintained by the Commission in such form as they may determine and shall contain the following details—

(a) in the case of each notification under paragraph 1—

(i) the name of the unincorporated association by which the notification was given;

(ii) the address of the association's main office in the United Kingdom;

(iii) the date on which the notification was given;

(b) in the case of each gift reported under paragraph 2—

(i) the name of the unincorporated association by which the report was given;

(ii) the address of the association's main office in the United Kingdom;

(iii) (subject to sub-paragraph (4) and paragraph 8) the information provided under paragraph 3.

(3) Where the Commission are given any notification under paragraph 1 or any report under paragraph 2, they shall cause the details mentioned in sub-paragraph (2)(a) (in respect of a notification) or sub-paragraph (2)(b) (in respect of a report) 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 not include the individual's home address.

8

(1) This paragraph applies where—

(a) an unincorporated association receives a gift in respect of which an entry falls to be made in the register under paragraph 7, and

(b) at the time when the gift is received there is no entry in the register in respect of that unincorporated association.

(2) The Commission shall not include in the register any information that would or might identify a person as someone by or through whom the gift was made unless—

(a) they have given to the person a notice stating that they propose to include such information, and inviting representations on the matter, and

(b) they decide, having considered any representations made by the person, that it is reasonable to include such information in the register.

(3) The Commission shall make reasonable efforts to give a notice under sub-paragraph (2)(a) in any case where, if a notice is not given, sub-paragraph (2) prevents information from being included in the register.

(4) The Commission shall not make a decision on the matter referred to in sub-paragraph (2)(b) until after the period of 45 days beginning with the date on which they gave the notice under sub-paragraph (2)(a), unless representations from the person concerned are received before the end of that period.

(5) Once they have made a decision on that matter the Commission shall give notification of it to the person concerned.

Meaning of “gift”, etc

9

(1) In this Schedule “gift” includes bequest.

(2) Anything given or transferred to any officer, member, trustee or agent of an unincorporated association in that person's capacity as such (and not for the person's own use or benefit) is to be regarded for the purposes of this Schedule as given or transferred to the association (and references to gifts received by an unincorporated association are to be read accordingly).

(3) Regulations made by the Secretary of State may—

(a) make provision as to things that are, or are not, to be regarded as gifts to unincorporated associations for the purposes of this Schedule;

(b) make provision as to how the value of a gift to an unincorporated association is to be calculated for the purposes of this Schedule.

(4) Provision made under sub-paragraph (3)(a) may, in particular, provide for a person to be treated as making a gift where that person—

(a) pays expenses incurred by another;

(b) lends money to another otherwise than on commercial terms;

(d) transfers any money or other property for a consideration that is worth less than what is transferred (or for no consideration).

SCHEDULE 19B

Power to require disclosure

1

(1) This paragraph applies to the following organisations and individuals—

(a) a registered party or, in the case of a registered party with accounting units—

(i) the central organisation of the party;

(ii) an accounting unit of the party;

(b) a recognised third party (within the meaning of Part 6);

(d) a regulated donee (within the meaning of Schedule 7);

(e) a regulated participant (within the meaning of Schedule 7A);

(f) a candidate at an election (other than a local government election in Scotland);

(g) the election agent for such a candidate;

(h) an organisation or individual formerly falling within any of paragraphs (a) to (g).

(2) The Commission may give a disclosure notice to a person who—

(a) is the treasurer or another officer of an organisation to which this paragraph applies, or has been at any time in the period of five years ending with the day on which the notice is given; or

(b) is an individual to whom this paragraph applies.

(3) A disclosure notice is a notice requiring the person to whom it is given—

(a) to produce, for inspection by the Commission or a person authorised by the Commission, any documents which—

(i) relate to the income and expenditure of the organisation or individual in question, and

(ii) are reasonably required by the Commission for the purposes of carrying out their functions;

(b) to provide the Commission, or a person authorised by the Commission, with any information or explanation which relates to that income and expenditure and is reasonably required by the Commission for those purposes.

(4) A person to whom a disclosure notice is given shall comply with it within such reasonable time as is specified in the notice.

Inspection warrants

2

(1) This paragraph applies to the following organisations and individuals—

(a) a registered party or, in the case of a registered party with accounting units—

(i) the central organisation of the party;

(ii) an accounting unit of the party;

(b) a recognised third party (within the meaning of Part 6);

(d) a members association (within the meaning of Schedule 7).

(2) A justice of the peace may issue an inspection warrant in relation to premises occupied by any such organisation or individual if satisfied, on information on oath given by or on behalf of the Commission, that—

(a) there are reasonable grounds for believing that on those premises there are documents relating to the income and expenditure of the organisation or individual,

(b) the Commission need to inspect the documents for the purposes of carrying out functions of the Commission other than investigatory functions, and

(c) permission to inspect the documents on the premises has been requested by the Commission and has been unreasonably refused.

(3) An inspection warrant is a warrant authorising a member of the Commission's staff—

(a) at any reasonable time to enter the premises specified in the warrant, and

(b) having entered the premises, to inspect any documents within sub-paragraph (2)(a).

(4) An inspection warrant also authorises the person who executes the warrant to be accompanied by any other persons who the Commission consider are needed to assist in executing it.

(5) The person executing an inspection warrant must, if required to do so, produce—

(a) the warrant, and

(b) documentary evidence that the person is a member of the Commission's staff,

for inspection by the occupier of the premises that are specified in the warrant or by anyone acting on the occupier's behalf.

(6) An inspection warrant continues in force until the end of the period of one month beginning with the day on which it is issued.

(7) An inspection warrant may not be used for the purposes of carrying out investigatory functions.

(8) In this paragraph “investigatory functions” means functions of investigating suspected offences under this Act or suspected contraventions of restrictions or requirements imposed by or by virtue of this Act.

(9) In the application of this paragraph to Scotland—

(a) a reference to a justice of the peace is to be read as a reference to a justice of the peace or a sheriff;

(b) a reference to information on oath is to be read as a reference to evidence on oath.

Powers in relation to suspected offences or contraventions

3

(1) This paragraph applies where the Commission have reasonable grounds to suspect that—

(a) a person has committed an offence under this Act, or

(b) a person has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by or by virtue of this Act.

In this paragraph “the suspected offence or contravention” means the offence or contravention referred to above.

(2) The Commission may by notice require any person (including an organisation to which, or an individual to whom, paragraph 1 applies)—

(a) to produce, for inspection by the Commission or a person authorised by the Commission, any documents that they reasonably require for the purposes of investigating the suspected offence or contravention;

(b) to provide the Commission, or a person authorised by the Commission, with any information or explanation that they reasonably require for those purposes.

(3) A person to whom a notice is given under sub-paragraph (2) shall comply with it within such reasonable time as is specified in the notice.

(4) A person authorised by the Commission (“the investigator”) may require—

(a) the person mentioned in sub-paragraph (1), if that person is an individual, or

(b) an individual who the investigator reasonably believes has relevant information,

to attend before the investigator at a specified time and place and answer any questions that the investigator reasonably considers to be relevant.

(5) In sub-paragraph (4) “relevant” means relevant to an investigation by the Commission of the suspected offence or contravention.

Court order for delivery of documents or provision of information etc

4

(1) This paragraph applies where the Commission have given a notice under paragraph 3 requiring documents to be produced.

(2) The High Court or (in Scotland) the Court of Session may make a document-disclosure order against a person (“the respondent”) if satisfied on an application by the Commission that—

(a) there are reasonable grounds to suspect that a person (whether or not the respondent) has committed an offence under this Act or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by or by virtue of this Act, and

(b) there are documents referred to in the notice under paragraph 3 which—

(i) have not been produced as required by the notice (either within the time specified in the notice for compliance or subsequently),

(ii) are reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and

(iii) are in the custody or under the control of the respondent.

(3) A document-disclosure order is an order requiring the respondent to deliver to the Commission, within such time as is specified in the order, such documents falling within sub-paragraph (2)(b) as are identified in the order (either specifically or by reference to any category or description of document).

(4) For the purposes of sub-paragraph (2)(b)(iii) a document is under a person's control if it is in the person's possession or if the person has a right to possession of it.

(5) A person who fails to comply with a document-disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 13(1).

5

(1) This paragraph applies where the Commission have given a notice under paragraph 3 requiring any information or explanation to be provided.

(2) The High Court or (in Scotland) the Court of Session may make an information-disclosure order against a person (“the respondent”) if satisfied on an application by the Commission that—

(a) there are reasonable grounds to suspect that a person (whether or not the respondent) has committed an offence under this Act or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by or by virtue of this Act, and

(b) there is any information or explanation referred to in the notice under paragraph 3 which—

(i) has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently),

(ii) is reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and

(iii) the respondent is able to provide.

(3) An information-disclosure order is an order requiring the respondent to provide to the Commission, within such time as is specified in the order, such information or explanation falling within sub-paragraph (2)(b) as is identified in the order.

(4) A person who fails to comply with an information-disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 13(1).

Retention of documents delivered under paragraph 4

6

(1) The Commission may retain any documents delivered to them in compliance with an order under paragraph 4 for a period of three months (or for longer if any of following sub-paragraphs applies).

In this paragraph “the documents” and “the three-month period” mean the documents and the period mentioned above.

(2) If within the three-month period proceedings to which the documents are relevant are commenced against any person for any criminal offence, the documents may be retained until the conclusion of those proceedings.

(3) If within the three-month period the Commission serve a notice under paragraph 2(1) of Schedule 19C of a proposal to impose a fixed monetary penalty on any person and the documents are relevant to the decision to serve the notice, the documents may be retained—

(a) until liability for the penalty is discharged as mentioned in paragraph 2(2) of that Schedule (if it is);

(b) until the Commission decide not to impose a fixed monetary penalty (if that is what they decide);

(4) If within the three-month period the Commission serve a notice under paragraph 6(1) of Schedule 19C of a proposal to impose a discretionary requirement on any person and the documents are relevant to the decision to serve the notice, the documents may be retained—

(a) until the Commission decide not to impose a discretionary requirement (if that is what they decide);

(b) until the end of the period given by sub-paragraph (5) (if they do impose a discretionary requirement).

(5) If within the three-month period—

(a) a notice is served imposing a fixed monetary penalty on any person under paragraph 2(4) of Schedule 19C and the documents are relevant to the decision to impose the penalty, or

(b) a notice is served imposing a discretionary requirement on any person under paragraph 6(5) of that Schedule and the documents are relevant to the decision to impose the requirement,

the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal.

(6) If within the three-month period—

(a) a stop notice is served on any person under paragraph 10 of Schedule 19C, and

(b) the documents are relevant to the decision to serve the notice,

the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal.

(7) If within the three-month period or the period given by sub-paragraph (6) (or, if applicable, by sub-paragraph (4) or (5)(b))—

(a) the Commission, having served a stop notice on any person under paragraph 10 of Schedule 19C, decide not to issue a completion certificate under paragraph 12 of that Schedule in relation to the stop notice, and

(b) the documents are relevant to the decision not to issue the certificate,

the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal.

Power to make copies and records

7

The Commission or a person authorised by the Commission—

(a) may make copies of, or make records of any information contained in—

(i) any documents produced or inspected under this Schedule;

(ii) any documents delivered to them in compliance with an order under paragraph 4;

(b) may make copies or records of any information or explanation provided under this Schedule.

Authorisation to be in writing

8

An authorisation of a person by the Commission under this Schedule must be in writing.

Meaning of “documents”

9

In this Schedule “documents” includes any books or records.

Documents in electronic form

10

(1) In the case of documents kept in electronic form—

(a) a power of the Commission under this Schedule to require documents to be produced for inspection includes power to require a copy of the documents to be made available for inspection in legible form;

(b) a power of a person (“the inspector”) under this Schedule to inspect documents includes power to require any person on the premises in question to give any assistance that the inspector reasonably requires to enable the inspector—

(i) to inspect and make copies of the documents in legible form or to make records of information contained in them, or

(ii) to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the documents.

(2) Paragraph 7(a) applies in relation to any copy made available as mentioned in sub-paragraph (1)(a) above.

Legal professional privilege

11

Nothing in this Schedule requires a person to produce or provide, or authorises a person to inspect or take possession of, anything in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

Admissibility of statements

12

(1) A statement made by a person (“P”) in compliance with a requirement imposed under this Schedule is admissible in evidence in any proceedings (as long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question).

(2) But in criminal proceedings in which P is charged with an offence other than one to which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which both the Commission and P are parties—

(a) no evidence relating to the statement is admissible against P, and

(b) no question relating to the statement may be asked on behalf of the prosecution or (as the case may be) the Commission in cross-examination of P,

unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P.

(3) This sub-paragraph applies to—

(a) an offence under paragraph 13(3);

(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);

(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

(4) Proceedings are within this sub-paragraph if they arise out of the exercise by the Commission of any of their powers under Schedule 19C other than powers in relation to an offence under paragraph 13(3) below.

Offences

13

(1) A person who fails, without reasonable excuse, to comply with any requirement imposed under or by virtue of this Schedule commits an offence.

(2) A person who intentionally obstructs a person authorised by or by virtue of this Schedule in the carrying out of that person's functions under the authorisation commits an offence.

(3) A person who knowingly or recklessly provides false information in purported compliance with a requirement imposed under or by virtue of this Schedule commits an offence.

Guidance by Commission

14

(1) The Commission shall prepare and publish guidance as to—

(a) the circumstances in which the Commission are likely to give a notice under paragraph 1 or 3(2);

(b) the consequences (including criminal sanctions) that may result from a failure to comply with such a notice;

(d) the procedures to be followed in connection with questioning under paragraph 3(4);

(e) the circumstances in which the Commission are likely to apply for an order under paragraph 4 or 5;

(f) the principles and practices to be applied in connection with the exercise of powers under paragraphs 6 and 7;

(g) any other matters concerning the exercise of powers under this Schedule about which the Commission consider that guidance would be useful.

(2) Where appropriate, the Commission shall revise guidance published under this paragraph and publish the revised guidance.

(3) The Commission shall consult such persons as they consider appropriate before publishing guidance or revised guidance under this paragraph.

(4) The Commission shall have regard to the guidance or revised guidance published under this paragraph in exercising their functions.

Information about use of investigatory powers in Commission's annual report

15

(1) Each report by the Commission under paragraph 20 of Schedule 1 shall contain information about the use made by the Commission of their powers under this Schedule during the year in question.

(2) The report shall, in particular, specify—

(a) the cases in which a notice was given under paragraph 1 or 3(2);

(b) the cases in which premises were entered under a warrant issued under paragraph 2;

(d) the cases in which an order under paragraph 4 or 5—

(i) was applied for;

(ii) was made.

(3) This paragraph does not require the Commission to include in a report any information that, in their opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

SCHEDULE 19C

Part 1 — Fixed monetary penalties

Imposition of fixed monetary penalties

1

(1) The Commission may by notice impose a fixed monetary penalty on a person if satisfied beyond reasonable doubt that the person—

(a) has committed a prescribed offence under this Act, or

(b) has (otherwise than by committing an offence under this Act) contravened a prescribed restriction or requirement imposed by or by virtue of this Act.

(2) The Commission may by notice impose a fixed monetary penalty on a registered party if satisfied beyond reasonable doubt that a person holding an office within that party—

(a) has committed a prescribed offence under this Act, or

(b) has (otherwise than by committing an offence under this Act) contravened a prescribed restriction or requirement imposed by or by virtue of this Act.

(3) The Commission may by notice impose a fixed monetary penalty on a recognised third party if satisfied beyond reasonable doubt that the responsible person—

(a) has committed a prescribed offence under this Act, or

(b) has (otherwise than by committing an offence under this Act) contravened a prescribed restriction or requirement imposed by or by virtue of this Act.

(4) The Commission may by notice impose a fixed monetary penalty on a permitted participant if satisfied beyond reasonable doubt that the responsible person—

(a) has committed a prescribed offence under this Act, or

(b) has (otherwise than by committing an offence under this Act) contravened a prescribed restriction or requirement imposed by or by virtue of this Act.

(5) For the purposes of this Schedule a “fixed monetary penalty” is a requirement to pay to the Commission a penalty of a prescribed amount.

(6) In the case of a fixed monetary penalty imposed under sub-paragraph (1)(a), (2)(a), (3)(a) or (4)(a), where the offence in question is—

(a) triable summarily (whether or not it is also triable on indictment), and

(b) punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment),

the amount of the penalty may not exceed the maximum amount (if any) of that fine.

Representations and appeals etc

2

(1) Where the Commission propose to impose a fixed monetary penalty on a person, they shall serve on the person a notice of what is proposed.

(2) A notice under sub-paragraph (1) must offer the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty).

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