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
articles Not indexed
Reform history JSON API
  • (a) subsection (2) shall have effect in relation to a relevant donation 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 donation in pursuance of paragraph 10(3), 10(4), 11(2), 11(3) or 11(4); and
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI — Power to make special provision

Exemption from disclosure

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SCHEDULE 8

Part I — Qualifying expenses

Expenses qualifying where incurred for election purposes

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For the purposes of section 72(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.

List of matters

Exclusions

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  • (1) Nothing in paragraph 1 shall be taken as extending to—
  • (a) any expenses in respect of newsletters or similar publications issued by or on behalf of the party with a view to giving electors in a particular electoral area information about the opinions or activities of, or other personal information relating to, their elected representatives or existing or prospective candidates;
  • (b) any expenses incurred in respect of unsolicited material addressed to party members;
  • (c) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;
  • (d) any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the party; or
  • (e) 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. him; or
  • (ea) in relation to an election for the purposes of which a limit is imposed by paragraph 3, 6, 7, 9, 10 or 11 of Schedule 9 (limits for periods relating to parliamentary general elections , general elections to Senedd Cymru, or general elections to the Northern Ireland Assembly), reasonable expenses incurred that are reasonably attributable to the protection of persons or property;
  • (f) any expenses incurred in respect of a Senedd Cymru election or a local government election in Wales:
  • (i) relating to any matter that is reasonably attributable to the candidate’s disability, to the extent that the expenses in respect of the matter are reasonably incurred; and
  • (ii) in respect of, or in consequence of, the translation of anything from Welsh into English or from English into Welsh.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In relation to sub-paragraph 2(1)(f)(i) “disability”, has the same meaning as in section 6 of the Equality Act 2010.
  • (3) In relation to polls at elections for membership of the Scottish Parliament, nothing in paragraph 1 is to be taken as extending to—
  • (a) reasonable expenses incurred that are reasonably attributable to individuals’ disability,
  • (b) reasonable expenses incurred in providing for the protection of persons of property at rallies or other public events, or
  • (c) reasonable expenses incurred that are reasonably attributable to the translation of anything into languages other than English.
  • (4) In sub-paragraph (3)(a), “disability” has the same meaning as in the Equality Act 2010 (see section 6 of that Act).

Part II — Supplemental

Guidance by Commission

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  • (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.

Power to amend Part I

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  • (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.

SCHEDULE 9

Part I — Introductory

Interpretation

1
  • (1) In this Schedule—
  • (a) “an ordinary general election to the Scottish Parliament” means an election held under section 2 of the Scotland Act 1998;
  • (b) “an extraordinary general election to the Scottish Parliament” means an election held under section 3 of the Scotland Act 1998;
  • (c) “an ordinary general election to Senedd Cymru” means an election held under section 3 of the Government of Wales Act 2006;
  • (ca) “an extraordinary general election to Senedd Cymru” means an election held under section 5 of the Government of Wales Act 2006;
  • (d) “an ordinary general election to the Northern Ireland Assembly” means an election held under section 31 of the Northern Ireland Act 1998; and
  • (e) “an extraordinary general election to the Northern Ireland Assembly” means an election held under section 32 of the Northern Ireland Act 1998.
  • (2) For the purposes of this Schedule a registered party—
  • (a) contests a constituency if any candidate stands for election for that constituency in the name of the party; and
  • (b) contests any region if the party is included in the statement of parties and candidates nominated for that region.
  • (3) For the purposes of this Schedule a parliamentary general election is pending during the period—
  • (a) beginning with the date on which Parliament is dissolved ... for a parliamentary general election, and
  • (b) ending with the date of the poll for that election.

Attribution of expenditure to different parts of the United Kingdom

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  • (1) For the purposes of this Schedule—
  • (a) campaign expenditure incurred by or on behalf of a party registered in the Great Britain register shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland and Wales in proportion to the number of parliamentary constituencies for the time being situated in that part of Great Britain; and
  • (b) campaign expenditure incurred by or on behalf of a party registered in the Northern Ireland register shall be attributed solely to Northern Ireland.
  • (2) Campaign expenditure whose effects are wholly or substantially confined to any particular parts or part of Great Britain—
  • (a) shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or
  • (b) shall be attributed solely to that part,

as the case may be.

  • (3) For the purposes of sub-paragraph (2) the effects of campaign expenditure are wholly or substantially confined to any particular parts or part of Great Britain if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of Great Britain).
  • (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) References in this Schedule to campaign expenditure “in” a particular part of the United Kingdom are accordingly to campaign expenditure which is to be attributed to that part in accordance with this paragraph.

Part II — General limits

Parliamentary general elections

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  • (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at a parliamentary general election.
  • (2) Where a registered party contests one or more constituencies in England, Scotland or Wales, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of Great Britain is—
  • (a) £54,010 multiplied by the number of constituencies contested by the party in that part of Great Britain; or
  • (b) if greater, the appropriate amount specified in sub-paragraph (3).
  • (3) The appropriate amount is—
  • (a) in relation to England, £1,458,440;
  • (b) in relation to Scotland, £216,060; and
  • (c) in relation to Wales, £108,030.
  • (4) Where a registered party contests one or more constituencies in Northern Ireland, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in Northern Ireland is £54,010 multiplied by the number of constituencies contested by the party there.
  • (5) Sub-paragraph (6) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
  • (6) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) or (4) (as the case may be) shall, instead of being the amount specified in that provision, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (5).
  • (7) For the purposes of this paragraph the relevant period is—
  • (a) (subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;
  • (b) where the election (“the election in question”) follows another parliamentary general election held less than 365 days previously, the period—
  • (i) beginning with the day after the date of the poll for the earlier election, and
  • (ii) ending with the date of the poll for the election in question.

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General elections to Scottish Parliament

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  • (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary or extraordinary general election to the Scottish Parliament.
  • (2) The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Scotland is—
  • (a) £12,000 for each constituency contested by the party; plus
  • (b) £80,000 for each region contested by the party.
  • (2A) Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
  • (2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).
  • (3) In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
  • (4) In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
  • (a) the date of the poll is that determined by section 2(2) of the Scotland Act 1998; or
  • (b) no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or
  • (c) no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.

  • (5) In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the Scotland Act 1998 and ending with the date of the poll for the election.

General elections to Senedd Cymru

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  • (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies ... at an ordinary or extra ordinary general election to Senedd Cymru.
  • (2) The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Wales is, for each constituency contested by the party, as follows—
  • (a) where only 1 person stands nominated by the party as a candidate to be a Member of the Senedd for the constituency, the limit is £52,500;
  • (b) where only 2 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £56,000;
  • (c) where only 3 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £59,500;
  • (d) where only 4 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £63,000;
  • (e) where only 5 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £66,500;
  • (f) where 6, 7 or 8 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £70,000.
  • (2ZA) For the purposes of sub-paragraph (2), a person stands nominated by a party as a candidate to be a Member of the Senedd for the constituency if the person is shown, in a statement of parties and persons nominated published by the returning officer for the constituency in accordance with an order made under section 13 of the Government of Wales Act 2006, as a candidate who has been and stands nominated as a candidate of the party.
  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In the case of an ordinary general election“the relevant period” is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
  • (4) In sub-paragraph (3) “the appropriate date” is the date which falls four months before the date of the poll where—
  • (a) the date of the poll is that determined by section 3(1) of the Government of Wales Act 2006;
  • (b) no less than five months before the day on which the poll would have taken place under section 3(1) of that Act, the date of the poll is brought forward under section 4(1) of that Act; or
  • (c) no less than four months before the day on which the poll would have taken place under section 3(1) of that Act, the date of the poll is postponed under section 4(1) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 3(1) of that Act.

  • (5) In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a date for the poll for the election under section 5(1) of the Government of Wales Act 2006 and ending with the date of the poll for the election.

General elections to Northern Ireland Assembly

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  • (1) This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at an ordinary or extraordinary general election to the Northern Ireland Assembly.
  • (2) The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Northern Ireland is £30,600 for each constituency contested by the party.
  • (2A) Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
  • (2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).
  • (3) In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
  • (4) In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
  • (a) the date of the poll is that determined by section 31(1) and (2) of the Northern Ireland Act 1998;
  • (b) no less than five months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is brought forward under section 31(3) of that Act; or
  • (c) no less than four months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is postponed under section 31(3) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 31(1) and (2) of that Act.

  • (5) In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 32(1) or (3) of the Northern Ireland Act 1998 and ending with the date of the poll for the election.

Part III — Limits applying in special circumstances

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Combined limits where parliamentary election pending

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  • (1) This paragraph applies where—
  • (a) separate limits would (apart from this paragraph) apply as follows to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be), namely—
  • (i) under paragraph 3 in relation to a parliamentary general election; and
  • (ii) under paragraph 5, 6 or 7 in relation to an election or elections within that paragraph; and
  • (b) the parliamentary general election is pending during any part of the period in relation to which the limit imposed by paragraph 5, 6 or 7 would (apart from this paragraph) apply.
  • (2) In such a case—
  • (a) neither paragraph 3, nor paragraph 5, 6 or 7 (as the case may be) shall apply to the expenditure mentioned in sub-paragraph (1)(a); and
  • (b) the limit or limits imposed by this paragraph shall apply to it instead.
  • (3) Subject to sub-paragraphs (5) to (7), the limit applying to campaign expenditure which is incurred by or on behalf of the registered party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
  • (a) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
  • (b) the limit which by virtue of paragraph 5, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (4) For the purposes of sub-paragraph (3) “the relevant period” is—
  • (a) where the parliamentary general election takes place at the same time as, or later than—
  • (i) the election in relation to which paragraph ... 5, 6 or 7 would otherwise apply, ...
  • (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;

  • (b) where the parliamentary general election takes place earlier than the election mentioned in paragraph (a)(i) ..., the period which—
  • (i) begins at the beginning of the period mentioned in paragraph (a), and
  • (ii) ends with the date of the poll for the later ... of the elections.
  • (5) Where sub-paragraph (1)(a)(i) is applicable in the case of each of two parliamentary general elections which are pending during different parts of any such period as is mentioned in sub-paragraph (1)(b), the limits applying to campaign expenditure which is incurred by or on behalf of the registered party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—
  • (a) in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—
  • (i) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and
  • (ii) the limit mentioned in sub-paragraph (3)(b) above; and
  • (b) in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (6) For the purposes of sub-paragraph (5) “the first relevant period” is the period which—
  • (a) begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and
  • (b) ends with the date on which Parliament is dissolved ... for the second of the parliamentary general elections to take place.
  • (7) For the purposes of sub-paragraph (5) “the second relevant period” is the period which—
  • (a) begins on the day after the date mentioned in sub-paragraph (6)(b) above; and
  • (b) ends with whichever is the later of the following, namely—
  • (i) the date of the poll for the second parliamentary general election to take place; and
  • (ii) the date of the poll for the election in relation to which paragraph ... 5, 6 or 7 would otherwise apply ....

Combination of limit under paragraph 9 and other limit

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  • (1) This paragraph applies where—
  • (a) a limit under paragraph 9 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be) in relation to a period that would either be—
  • (i) a relevant period for the purposes of paragraph 9(3), or
  • (ii) a first relevant period for the purposes of paragraph 9(5); and
  • (b) another limit under paragraph 5, 6 or 7 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to a period (“the other campaign period”) which is not a period during which the parliamentary general election is pending but which either—
  • (i) falls wholly within, or
  • (ii) ends at any time falling within,

the period mentioned in paragraph (a).

  • (2) In such a case—
  • (a) the limit imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and
  • (b) instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
  • (3) The limit applying to campaign expenditure which is incurred by or on behalf of the party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
  • (a) the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and
  • (b) the limit applying, by virtue of paragraph 5, 6 or 7 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (4) For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
  • (a) the beginning of the period which is the relevant period for the purposes of paragraph 5, 6 or 7 (as the case may be), and
  • (b) the beginning of the period mentioned in sub-paragraph (1)(a),

and ends at the end of the period mentioned in sub-paragraph (1)(a).

  • (5) Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 5, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.

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

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  • (1) This paragraph applies where—
  • (a) a limit under paragraph 3 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be);
  • (b) another limit under paragraph 5, 6 or 7 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to any period (“the other campaign period”) which either—
  • (i) falls wholly within, or
  • (ii) ends at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election; and

  • (c) paragraph 9 does not apply in connection with that expenditure.
  • (2) In such a case—
  • (a) the limit imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and
  • (b) instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
  • (3) The limit applying to campaign expenditure which is incurred by or on behalf of the party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of—
  • (a) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
  • (b) the limit applying by virtue of paragraph 5, 6 or 7 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (4) Where two or more periods (“the other campaign periods”) which are relevant periods for the purposes of any of paragraphs 5 or 7 —
  • (a) fall wholly within, or
  • (b) end at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).

  • (5) For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
  • (a) the beginning of—
  • (i) the period which is the relevant period for the purposes of paragraph 5, 6 or 7 (as the case may be), or
  • (ii) where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of any of paragraphs 5 or 7 is the first to begin, and
  • (b) the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,

and ends with the date of the poll for the parliamentary general election.

  • (6) Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 5, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.

SCHEDULE 10

Part I — Introductory

Interpretation

1
  • (1) In this Schedule—
  • (a) “an ordinary general election to the Scottish Parliament” means an election held under section 2 of the Scotland Act 1998;
  • (b) “an extraordinary general election to the Scottish Parliament” means an election held under section 3 of the Scotland Act 1998;
  • (c) “an ordinary general election to Senedd Cymru” means an election under section 3 of the Government of Wales Act 2006;
  • (ca) “an extraordinary general election to Senedd Cymru” means an election under section 5 of the Government of Wales Act 2006;
  • (d) “an ordinary general election to the Northern Ireland Assembly” means an election held under section 31 of the Northern Ireland Act 1998; and
  • (e) “an extraordinary general election to the Northern Ireland Assembly” means an election held under section 32 of the Northern Ireland Act 1998.
  • (2) For the purposes of this Schedule a parliamentary general election is pending during the period—
  • (a) beginning with the date on which Parliament is dissolved ... for a parliamentary general election, and
  • (b) ending with the date of the poll for that election.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attribution of expenditure to different parts of the United Kingdom

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  • (1) For the purposes of this Schedule controlled expenditure incurred by or on behalf of any recognised third party shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland, Wales and Northern Ireland in proportion to the number of parliamentary constituencies for the time being situated in that part of the United Kingdom.
  • (2) Controlled expenditure whose effects are wholly or substantially confined to any particular parts or part of the United Kingdom—
  • (a) shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or
  • (b) shall be attributed solely to that part,

as the case may be.

  • (3) For the purposes of sub-paragraph (2) the effects of controlled expenditure are wholly or substantially confined to any particular parts or part of the United Kingdom if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of the United Kingdom).
  • (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) References in this Schedule to controlled expenditure “in” a particular part of the United Kingdom are accordingly to controlled expenditure which is to be attributed to that part in accordance with this paragraph.

Part II — General limits

Parliamentary general elections

3
  • (1) This paragraph imposes limits in relation to a parliamentary general election.
  • (2) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in each of England, Scotland, Wales and Northern Ireland is—
  • (a) in relation to England, 2% of the maximum campaign expenditure limit in England;
  • (b) in relation to Scotland, £20,000 plus 2% of the maximum campaign expenditure limit in Scotland;
  • (c) in relation to Wales, £20,000 plus 2% of the maximum campaign expenditure limit in Wales;
  • (d) in relation to Northern Ireland, £20,000 plus 2% of the maximum campaign expenditure limit in Northern Ireland.
  • (2A) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in any particular parliamentary constituency is 0.05% of the total of the maximum campaign expenditure limits in England, Scotland, Wales and Northern Ireland.
  • (3) For the purposes of this paragraph the relevant period is—
  • (a) (subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;
  • (b) where the election (“the election in question”) follows another parliamentary general election held less than 365 days previously, the period—
  • (i) beginning with the day after the date of the poll for the earlier election, and
  • (ii) ending with the date of the poll for the election in question.

...

4

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

General elections to Scottish Parliament

5
  • (1) This paragraph imposes limits in relation to an ordinary or extraordinary general election to the Scottish Parliament.
  • (2) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Scotland is £75,800.
  • (3) In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
  • (4) In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
  • (a) the date of the poll is that determined by section 2(2) of the Scotland Act 1998; or
  • (b) no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or
  • (c) no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.

  • (5) In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the Scotland Act 1998 and ending with the date of the poll for the election.

General elections to Senedd Cymru

6
  • (1) This paragraph imposes limits in relation to an ordinary general election to Senedd Cymru.
  • (2) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Wales is £30,000.
  • (3) In the case of an ordinary general election“the relevant period” is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
  • (4) In sub-paragraph (3) “the appropriate date” is the date which falls four months before the date of the poll where—
  • (a) the date of the poll is that determined by section 3(1) of the Government of Wales Act 2006;
  • (b) no less than five months before the day on which the poll would have taken place under section 3(1) of that Act, the date of the poll is brought forward under section 4(1) of that Act; or
  • (c) no less than four months before the day on which the poll would have taken place under section 3(1) of that Act, the date of the poll is postponed under section 4(1) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 3(1) of that Act.

  • (5) In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a date for the poll for the election under section 5(1) of the Government of Wales Act 2006 and ending with the date of the poll for the election.

General elections to Northern Ireland Assembly

7
  • (1) This paragraph imposes limits in relation to an ordinary or extraordinary general election to the Northern Ireland Assembly.
  • (2) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Northern Ireland is £15,300.
  • (3) In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
  • (4) In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
  • (a) the date of the poll is that determined by section 31(1) and (2) of the Northern Ireland Act 1998; or
  • (b) no less than five months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is brought forward under section 31(3) of that Act; or
  • (c) no less than four months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is postponed under section 31(3) of that Act;

but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 31(1) and (2) of that Act.

  • (5) In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 32(1) or (3) of the Northern Ireland Act 1998 and ending with the date of the poll for the election.

Part III — Limits applying in special circumstances

...

8

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

Combined limits where parliamentary election pending

9
  • (1) This paragraph imposes—
  • (a) in the circumstances mentioned in sub-paragraph (2), limits in relation to—
  • (i) such a pending parliamentary general election as is mentioned in that sub-paragraph, and
  • (ii) an election, or elections, in relation to which the limit imposed by any of paragraphs 5 to 7 would otherwise apply as mentioned in that sub-paragraph; and
  • (b) in the circumstances mentioned in sub-paragraph (5), limits in relation to—
  • (i) two such pending parliamentary elections as are mentioned in that sub-paragraph, and
  • (ii) an election, or elections, in relation to which the limit imposed by any of paragraphs 5 to 7 would otherwise apply as mentioned in sub-paragraph (2).
  • (2) Where a parliamentary general election is pending during any part of the period in relation to which a limit imposed by any of paragraphs 5 to 7 would otherwise apply to controlled expenditure incurred by or on behalf of a recognised third party in a particular part of the United Kingdom—
  • (a) neither that paragraph, nor paragraph 3, shall apply in relation to such expenditure; and
  • (b) the limits imposed by this paragraph shall apply to it instead.
  • (3) Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
  • (a) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
  • (b) the limit which by virtue of paragraph 5, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (3A) Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
  • (3B) For this purpose “the relevant proportion” means—

$$A B$where—A is the number of days in the relevant period;B is the number of days in the period which is the relevant period for the purposes of paragraph 3.$

  • (4) For the purposes of sub-paragraphs (3) to (3B) “the relevant period” is—
  • (a) where the parliamentary general election takes place at the same time as, or later than—
  • (i) the election in relation to which paragraph ... 5, 6 or 7 would otherwise apply, ...
  • (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;

  • (b) where the parliamentary general election takes place earlier than the election mentioned in paragraph (a)(i) ..., the period which—
  • (i) begins at the beginning of the period mentioned in paragraph (a), and
  • (ii) ends with the date of the poll for the later ... of the elections.
  • (5) Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2), the limits applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—
  • (a) in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—
  • (i) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and
  • (ii) the limit mentioned in sub-paragraph (3)(b) above; and
  • (b) in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (5A) Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2)—
  • (a) the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the first relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A), and
  • (b) the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the second relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
  • (5B) For these purposes “the relevant proportion” means—

$$A B$where—A is the number of days in the first relevant period or (as the case may be) the second relevant period;B is the number of days in the period which is the relevant period for the purposes of paragraph 3.$

  • (6) For the purposes of sub-paragraphs (5) to (5B) “the first relevant period” is the period which—
  • (a) begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and
  • (b) ends with the date on which Parliament is dissolved ... for the second of the parliamentary general elections to take place.
  • (7) For the purposes of sub-paragraphs (5) to (5B) “the second relevant period” is the period which—
  • (a) begins on the day after the date mentioned in sub-paragraph (6)(b) above; and
  • (b) ends with whichever is the later of the following, namely—
  • (i) the date of the poll for the second parliamentary general election to take place; and
  • (ii) the date of the poll for the election in relation to which paragraph ... 5, 6 or 7 would otherwise apply ....

Combination of limit under paragraph 9 and other limit

10
  • (1) This paragraph imposes limits where—
  • (a) paragraph 9 would (apart from this paragraph) impose limits on controlled expenditure in relation to a period that would either be—
  • (i) a relevant period for the purposes of paragraph 9(3) to (3B) , or
  • (ii) a first relevant period for the purposes of paragraph 9(5) to (5B) ; and
  • (b) any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs 5 to 7, but is not a period during which the parliamentary general election is pending, either—
  • (i) falls wholly within, or
  • (ii) ends at any time falling within,

the period mentioned in paragraph (a).

  • (2) In such a case—
  • (a) the limits imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and
  • (b) instead the limits imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
  • (3) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
  • (a) the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and
  • (b) the limit applying, by virtue of paragraph 5, 6 or 7 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (3A) The limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party during the combined period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
  • (3B) For this purpose “the relevant proportion” means—

$$A B$where—A is the number of days in the combined period;B is the number of days in the period which is the relevant period for the purposes of paragraph 3.$

  • (4) For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
  • (a) the beginning of the period which is the relevant period for the purposes of paragraph 5, 6 or 7 (as the case may be), and
  • (b) the beginning of the period mentioned in sub-paragraph (1)(a),

and ends at the end of the period mentioned in sub-paragraph (1)(a).

  • (5) Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 5, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.
11
  • (1) This paragraph imposes limits where—
  • (a) any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs 5 to 7 either—
  • (i) falls wholly within, or
  • (ii) ends at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to a parliamentary general election; and

  • (b) paragraph 9 does not apply in connection with those elections.
  • (2) In such a case—
  • (a) the limits imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and
  • (b) instead the limits imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
  • (3) The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of—
  • (a) the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
  • (b) the limit applying by virtue of paragraph 5, 6 or 7 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
  • (4) Where two or more periods (“the other controlled periods”) which are relevant periods for the purposes of any of paragraphs 5 or 7—
  • (a) fall wholly within, or
  • (b) end at any time falling within,

the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).

  • (4A) The limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party during the combined period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
  • (4B) For this purpose “the relevant proportion” means—

$$A B$where—A is the number of days in the combined period;B is the number of days in the period which is the relevant period for the purposes of paragraph 3.$

  • (5) For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
  • (a) the beginning of—
  • (i) the period which is the relevant period for the purposes of paragraph 5, 6 or 7 (as the case may be), or
  • (ii) where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of paragraph 5 or 7 is the first to begin, and
  • (b) the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,

and ends with the date of the poll for the parliamentary general election.

  • (6) Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph 5, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.

SCHEDULE 11

Part I — Introductory

Operation and interpretation of Schedule

1
  • (1) This Schedule has effect for controlling donations to recognised third parties ....
  • (2) The following provisions have effect for the purposes of this Schedule.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) “Relevant donation”, in relation to a recognised third party, means a donation to the recognised third party for the purpose of meeting controlled expenditure incurred by or on behalf of that third party.
  • (5) “Donation” shall be construed in accordance with paragraphs 2 to 4.
  • (6) References to a permissible donor falling within section 54(2) do not include a registered party.

Donations: general rules

2
  • (1) “Donation”, in relation to a recognised third party, means (subject to paragraph 4)—
  • (a) any gift to the recognised third party of money or other property;
  • (b) any sponsorship provided in relation to the recognised third party (as defined by paragraph 3);
  • (c) any money spent (otherwise than by or on behalf of the recognised third party) in paying any controlled expenditure incurred by or on behalf of the recognised third party;
  • (d) any money lent to the recognised third party otherwise than on commercial terms;
  • (e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the recognised third party (including the services of any person); and
  • (f) in the case of a recognised third party, other than an individual, any subscription or other fee paid for affiliation to, or membership of, the third party.
  • (2) Where—
  • (a) any money or other property is transferred to a recognised third party pursuant to any transaction or arrangement involving the provision by or on behalf of the recognised third party of any property, services or facilities or other consideration of monetary value, and
  • (b) the total value in monetary terms of the consideration so provided by or on behalf of the recognised third party is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the recognised third party for the purposes of sub-paragraph (1)(a).

  • (3) In determining—
  • (a) for the purposes of sub-paragraph (1)(d) whether any money lent to a recognised third party is so lent otherwise than on commercial terms, or
  • (b) for the purposes of sub-paragraph (1)(e) whether any property, services or facilities provided for the use or benefit of a recognised third party is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities.

  • (4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.
  • (5) Anything given or transferred to any officer, member, trustee or agent of a recognised third party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the recognised third party (and references to donations received by a recognised third party accordingly include donations so given or transferred).
  • (6) In this paragraph—
  • (a) any reference to anything being given or transferred to a recognised third party includes a reference to its being given or transferred either directly or indirectly through any third person;
  • (b) “gift” includes bequest.

Sponsorship

3
  • (1) For the purposes of this Schedule sponsorship is provided in relation to a recognised third party if—
  • (a) any money or other property is transferred to the recognised third party or to any person for the benefit of the recognised third party, and
  • (b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—
  • (i) to help the recognised third party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the recognised third party, or
  • (ii) to secure that to any extent any such expenses are not so incurred.
  • (2) In sub-paragraph (1) “defined expenses” means expenses in connection with—
  • (a) any conference, meeting or other event organised by or on behalf of the recognised third party,
  • (b) the preparation, production or dissemination of any publication by or on behalf of the recognised third party, or
  • (c) any study or research organised by or on behalf of the recognised third party.
  • (3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)—
  • (a) the making of any payment in respect of—
  • (i) any charge for admission to any conference, meeting or other event, or
  • (ii) the purchase price of, or any other charge for access to, any publication;
  • (b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
  • (4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).
  • (5) In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Payments etc not to be regarded as donations

4
  • (1) None of the following shall be regarded as a donation—
  • (a) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge;
  • (b) any interest accruing to a recognised third party in respect of any donation which is dealt with by the responsible person in accordance with section 56(2)(a) or (b) (as applied by paragraph 7).
  • (2) Any donation whose value (as determined in accordance with paragraph 5) is not more than £500 shall be disregarded.

Value of donations

5
  • (1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.
  • (2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation shall be taken to be the difference between—
  • (a) the value of the money, or the market value of the property, in question, and
  • (b) the total value in monetary terms of the consideration provided by or on behalf of the recognised third party.
  • (3) The value of any donation falling within paragraph 2(1)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.
  • (4) The value of any donation falling within paragraph 2(1)(d) or (e) shall be taken to be the amount representing the difference between—
  • (a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the recognised third party in respect of the loan or the provision of the property, services or facilities if—
  • (i) the loan had been made, or
  • (ii) the property, services or facilities had been provided,

on commercial terms, and

  • (b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the recognised third party.
  • (5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—
  • (a) shall be determined at the time when it is made, but
  • (b) shall be so determined by reference to the total benefit accruing to the donee over that period.

Part II — Controls on donations

Prohibition on accepting donations from impermissible donors

6
  • (1) A relevant donation received by a recognised third party must not be accepted if—
  • (a) the person by whom the donation would be made is not, at the time of its receipt by the recognised third party, a permissible donor falling within section 54(2); or
  • (b) the recognised third party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) For the purposes of this Schedule, any relevant donation received by a recognised third party which is an exempt trust donation shall be regarded as a relevant donation received by the recognised third party from a permissible donor.
  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) But, for the purposes of this Schedule, any relevant donation received by a recognised third party from a trustee of any property (in his capacity as such) which is not—
  • (a) an exempt trust donation, or
  • (b) a relevant donation transmitted by the trustee to the recognised third party on behalf of beneficiaries under the trust who are—
  • (i) persons who at the time of its receipt by the recognised third party are permissible donors falling within section 54(2), or
  • (ii) the members of an unincorporated association which at that time is such a permissible donor,

shall be regarded as a relevant donation received by the recognised third party from a person who is not such a permissible donor.

  • (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a recognised third party by way of a relevant donation—
  • (a) on behalf of himself and one or more other persons, or
  • (b) on behalf of two or more other persons,

then for the purposes of this Schedule each individual contribution by a person falling within paragraph (a) or (b) of more than £500 shall be treated as if it were a separate donation received from that person.

  • (5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the recognised third party, the responsible person is given—
  • (a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies; and
  • (b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 10(1)(a).
  • (6) Where—
  • (a) any person (“the agent”) causes an amount to be received by a recognised third party by way of a donation on behalf of another person (“the donor”), and
  • (b) the amount of the donation is more than £500,

the agent must ensure that, at the time when the donation is received by the recognised third party, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies.

  • (7) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6).

Acceptance or return of donations

7
  • (1) Sections 56 to 60 shall apply for the purposes of this Schedule in relation to a recognised third party and any relevant donation received by a recognised third party as they apply in relation to a registered party and any donation received by a registered party.
  • (2) In the application of sections 56 to 60 in accordance with sub-paragraph (1)—
  • (a) section 56(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 10(1)(c) (in relation to a donation to which that paragraph applies); and
  • (b) section 56(3) and (4) shall each have effect as if any reference to the treasurer of the party were construed as a reference to the responsible person.

Evasion of restrictions on donations

8

Section 61 shall apply for the purposes of this Schedule as if—

  • (a) any reference to donations were to relevant donations;
  • (b) any reference to a registered party were a reference to a recognised third party; and
  • (c) any reference to the treasurer of a registered party were, in relation to a recognised third party, a reference to the responsible person.

Part III — Reporting of donations in section 96 return

Statement of relevant donations

9

The recognised third party must include in any return required to be prepared under section 96 a statement of relevant donations received in respect of the relevant election or elections (within the meaning of that section) which complies with paragraphs 10 and 11.

Donations from permissible donors

10
  • (1) The statement must record, in relation to each relevant donation falling within sub-paragraph (2) which is accepted by the recognised third party—
  • (a) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;
  • (b) the date when the donation was accepted by the recognised third party; and
  • (c) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6.
  • (2) Sub-paragraph (1) applies to a relevant donation where—
  • (a) the value of the donation is more than £7,500, or
  • (b) the value of the donation, when added to the value of any other donation or donations made by the same donor (whether or not falling within paragraph (a)), is more than that amount.
  • (3) The statement must also record—
  • (a) the total value of any relevant donations, other than those falling within sub-paragraph (2), which are accepted by the recognised third party; and
  • (b) such other information as may be required by regulations made by the Commission.
  • (4) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) if the statement states that the recognised third party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the statement must be accompanied by a copy of the evidence.

Donations from impermissible donors

11
  • (1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).
  • (2) Where paragraph 6(1)(a) applies, the statement must record—
  • (a) the name and address of the donor;
  • (b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;
  • (c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a); and
  • (d) such other information as is required by regulations made by the Commission.
  • (3) Where paragraph 6(1)(b) applies, the statement must record—
  • (a) details of the manner in which the donation was made;
  • (b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;
  • (c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b); and
  • (d) such other information as is required by regulations made by the Commission.
  • (4) In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 7.

SCHEDULE 12

Right to send referendum address post free

1
  • (1) A designated organisation is, subject to such reasonable terms and conditions as the universal service provider concerned may specify, entitled to send free of any charge for postage which would otherwise be made by a universal service provider either—
  • (a) one unaddressed postal communication, containing matter relating to the referendum only and not exceeding 60 grammes in weight, to each place in the referendum area which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this sub-paragraph; or
  • (b) one such postal communication addressed to each person entitled to vote at the referendum.
  • (2) A designated organisation is also, subject to any such terms and conditions, entitled to send free of any such charge for postage to each person entered in the list of proxies for the referendum one such postal communication for each appointment in respect of which that person is so entered.
  • (3) Section 200A of the Representation of the People Act 1983 (remuneration of universal service provider for free postal services rendered in relation to parliamentary elections) shall apply in relation to a postal service rendered by a universal service provider in pursuance of this paragraph as it applies in relation to a postal service rendered by such a provider in pursuance of that Act.
  • (4) In this paragraph—

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