Political Parties, Elections and Referendums Act 2000

• (a) such information as would, by virtue of Schedule 1 to the 1998 Act, be required to be provided in connection with an application by the Northern Ireland party to be registered under that Act;

• (b) a notification as to whether the party wishes to be registered in the Northern Ireland register under its existing registered name or under that name with an addition permitted by sub-paragraph (5); and

• (c) a notification as to whether the party wishes—

• (i) any emblem or emblems already registered in respect of it under the 1998 Act to be registered in respect of the Northern Ireland party in that register,

• (ii) any emblem or emblems not so registered under the 1998 Act, but shown in the notification, to be registered in respect of the Northern Ireland party in that register (whether in addition to any emblem or emblems falling within sub-paragraph (i) or otherwise).

• (5) For the purposes of sub-paragraph (4)(b) any one of the following, namely “Northern Ireland”, “Northern Irish”, “Ulster”, “Ireland” or “Irish” may be added to a party’s existing registered name, at such point as the party may specify in its notification.

• (6) For the purposes of sub-paragraph (4)(c) the total number of emblems whose registration may be sought in a notification under that provision is three.

• (7) If the party within the compliance period sends to the Commission a declaration that the party does not intend to contest any relevant election on or after the appointed day—

• (a) nothing in sub-paragraphs (2) to (6) or in paragraphs 3 to 5 shall have effect in relation to the party; and

• (b) the party’s registration under the 1998 Act shall terminate on the appointed day.

• (8) References to a party of any description in paragraph 3(1), 4(1) or 5(1) accordingly do not include a party falling within sub-paragraph (7).

Draft scheme for purposes of section 26

3

• (1) This paragraph applies to any party registered under the 1998 Act on the initial date.

• (2) The party must within the compliance period send to the Commission—

• (a) a copy of the party’s constitution (within the meaning of section 26); and

• (b) a draft of the scheme which the party proposes to adopt for the purposes of section 26 if approved by the Commission under that section;

and subsections (2) to (6) of that section shall apply in connection with any such scheme and its approval by the Commission.

• (3) The party must also within the compliance period give a notification to the Commission under this sub-paragraph.

• (4) A notification under sub-paragraph (3) must—

• (a) give the name and home address—

• (i) of a person to be registered under Part II of this Act as the party’s treasurer; and

• (ii) (if the party is seeking to be so registered as a party with a campaigns officer) of a person to be registered as that officer; and

• (b) be signed by the person registered under the 1998 Act as leader or nominating officer of the party and by the proposed registered treasurer mentioned in paragraph (a) and (if paragraph (a)(ii) applies) by the proposed campaigns officer.

• (5) Where the party would on registration under Part II of this Act be a party with accounting units, a notification under sub-paragraph (3) must also give in relation to each accounting unit—

• (a) the name of the accounting unit and of its treasurer and of an officer of the unit to be registered for the purposes of section 27(3), and

• (b) the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.

• (6) A notification under sub-paragraph (3) may be signed by the same person in his capacity as registered leader or nominating officer and in his capacity as proposed registered treasurer, but in that case it must be apparent from the notification that he is signing it in both of those capacities.

• (7) Where the party sends the Commission a declaration falling within section 28(2)(a), the provisions of sub-paragraphs (2) to (6) shall be read as applying separately in relation to—

• (a) the party to be registered in the Great Britain register, and

• (b) the party to be registered in the Northern Ireland register.

Registration under Part II of this Act as from appointed day

4

• (1) This paragraph applies where a party registered under the 1998 Act has complied with the provisions of paragraphs 2 and 3 so far as applicable to the party.

• (2) The Commission shall secure that, as from the appointed day, one (or each) of the new registers contains such entry in respect of the party (or the two parties mentioned in paragraph 3(7)) as the Commission consider appropriate to reflect—

• (a) the party’s existing entry in the register maintained under the 1998 Act and the date when the party was first registered under that Act;

• (b) the declaration sent to the Commission by the party in pursuance of paragraph 2(2);

• (c) any information or notification sent to them in pursuance of paragraph 2(4); and

• (d) the notification given to them in pursuance of paragraph 3(3).

• (3) In connection with the registration in the Northern Ireland register (in accordance with sub-paragraph (2)) of any emblem shown in a notification by a party in pursuance of paragraph 2(4)(c)(ii)—

• (a) section 29(2) shall apply (with any necessary modifications) as it applies in connection with the registration of any emblem in pursuance of a request under section 29, but

• (b) for this purpose any emblem which on the initial date is registered under the 1998 Act in respect of any other party (except one falling within paragraph 2(7)) shall be treated as if it were already registered in the Northern Ireland register.

• (4) As from the appointed day the draft scheme sent to the Commission in pursuance of paragraph 3(2) shall be treated for the purposes of this Act as if it were a scheme approved by the Commission and adopted by the party under section 26 until—

• (a) such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or

• (b) the end of the period of nine months beginning immediately after the end of the compliance period (or such longer period as the Commission may determine in relation to the party),

whichever is the earlier.

• (5) If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)—

• (a) the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and

• (b) the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 26.

• (6) Section 30(1)(e) shall apply in relation to a party registered in accordance with sub-paragraph (2) as if the reference to the time when the party applied for registration were a reference to the appointed day.

Failure to comply with paragraph 2 or 3

5

• (1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely—

• (a) any declaration required under paragraph 2(2);

• (b) any information or notification required under paragraph 2(4);

• (c) any document required under paragraph 3(2);

• (d) any notification required under paragraph 3(3).

• (2) In this paragraph—

• (a) “the outstanding material” means the thing or things which as mentioned in sub-paragraph (1) was or were not sent or given to the Commission by the end of the compliance period;

• (b) “the transitional period” means the period of three months beginning immediately after the end of the compliance period;

• (c) “the protected period” means the period beginning with the appointed day and ending—

• (i) at the end of the transitional period, or

• (ii) in a case where sub-paragraph (4) applies, on the date determined by the Commission under that sub-paragraph.

• (3) During so much of the transitional period as falls before the appointed day, the party shall be treated for all purposes relating to elections or referendums as if it were not registered under the 1998 Act; and on that day the party’s registration under that Act shall terminate without being replaced by any such registration under Part II of this Act as is mentioned in paragraph 4(2).

• (4) However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as to require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.

• (5) During the protected period sections 28(4) and 29(2) shall have effect as if—

• (a) the name of the party registered under the 1998 Act on the initial date and any emblems so registered in respect of it were registered in respect of the party in each of the new registers, and

• (b) any such registration in the Great Britain register was in respect of each of England, Scotland and Wales.

• (6) In a case where sub-paragraph (4) applies—

• (a) section 26(5) and (6) shall apply in connection with the approval of the party’s draft scheme by the Commission; and

• (b) paragraph 4(4) and (5) above shall also so apply, except that in paragraph 4(4)(b) the reference to nine months beginning immediately after the end of the compliance period shall be read as a reference to six months beginning immediately after the end of the protected period.

Exercise of functions by person appointed as Commission’s chief executive

6

In relation to any time when the functions of the Commission with respect to the receipt of documents or information falling to be sent or given to the Commission under this Schedule are being exercised by a person appointed as the Commission’s chief executive under paragraph 11(9) of Schedule 1, references in this Schedule to the Commission, in the context of the sending or giving of such documents or information to them, shall be construed as references to the person so appointed.

Termination of registration functions of registrar of companies

7

• (1) The registration functions of the registrar under the 1998 Act shall terminate on the initial date.

• (2) Accordingly, as from that date, the registrar shall not—

• (a) make any new entry in his register, or

• (b) alter or remove any entry already contained in his register,

and no application or notice may be made or given to him under any provision of that Act.

• (3) Where an application has been made to the registrar under any such provision before the initial date and the application has not been determined by that date, the registrar shall not take any steps (or, as the case may be, any further steps) on or after that date to deal with the application.

• (4) Nothing in section 7 of the 1998 Act shall apply at any time on or after the initial date in relation to a party registered under that Act; and in particular a party’s registration under that Act shall not lapse at any such time by virtue of that section.

• (5) The registrar shall provide the Commission with such information and assistance as they reasonably require for the purpose of discharging their duty under paragraph 4(2); and where any information relating to a party registered under the 1998 Act—

• (a) is held by the registrar in connection with the registration of the party under that Act, but

• (b) is not contained in the party’s entry in his register,

the registrar shall provide the Commission with that information in order that it may be held by them, as from the appointed day, in connection with the registration of the party in one or other of the new registers.

• (6) In this paragraph “the registrar” means the registrar of companies (within the meaning of Part II of this Act), and any reference to “his” register is a reference to the register maintained by the registrar under the 1998 Act.

Part II — Other transitional provisions

Appointment of Electoral Commissioners

8

For the purposes of section 3(2)—

• (a) any agreement to a proposed motion for an Address under section 3(1) which has been signified by the Speaker of the House of Commons before the day on which this Act is passed shall be as effective as if signified on or after that day; and

• (b) any consultation with respect to such a motion which has been carried out before that day with such a person as is mentioned in section 3(2)(b) shall be as effective as if carried out on or after that day.

Orders specifying organisations which are not to count as accounting units

9

The requirement in section 26(8)(c) for any order under that provision to be made on the recommendation of the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.

Orders prohibiting use of certain words in parties’ registered names

10

The requirement in section 28(4)(f) for any order under that provision to be made after consultation with the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.

Confirmation of registered particulars

11

• (1) This paragraph applies to a party which is registered under Part II of this Act at the end of the period of nine months beginning with the appointed day.

• (2) The treasurer of the party shall deliver to the Commission a notification which—

• (a) complies with the requirements of section 32(2) and (3) (as modified by sub-paragraphs (3) and (4)), and

• (b) is accompanied by any fee prescribed by order made by the Secretary of State,

within the period beginning one month before and ending three months after the first anniversary of the appointed day.

• (3) In the application of section 32(2)(a) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the appointed day.

• (4) In the application of section 32(3) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the time when the documents required under paragraph 3(2) were sent to the Commission.

• (5) If the notification required by virtue of sub-paragraph (2) is not delivered before the end of the period mentioned in that sub-paragraph, the person who was the treasurer of the party immediately before the end of that period shall be guilty of an offence and shall be liable to the same punishment as if he were guilty of an offence under section 47(1)(b).

• (6) It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he took all reasonable steps, and exercised all due diligence, to ensure that the notification required by virtue of sub-paragraph (2) would be delivered before the end of the period mentioned in that sub-paragraph.

• (7) Any notification delivered under sub-paragraph (2) shall be treated, for the purposes of section 32(4)(b), as a notification given under section 32.

• (8) In this paragraph “the appointed day” means the appointed day for the purposes of Part II of this Act.

Control of political donations by companies

12

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Disclosure of political donations and expenditure in directors’ report

13

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Establishment of the Electoral Commission.

3A

• (1) Four of the Electoral Commissioners shall each be a person whom the registered leader of a qualifying party put forward to be considered for appointment as an Electoral Commissioner (a “nominated Commissioner”).

• (2) In subsection (1) “qualifying party” means a registered party with two or more Members of the House of Commons at the time of the person's appointment.

• (3) Three of the nominated Commissioners shall each be a person put forward by the registered leader of one of the three largest nominating parties at the time of the person's appointment.

• (4) In subsection (3) “nominating party” means a party whose registered leader—

• (a) has put forward three persons to be considered for appointment as a nominated Commissioner, or

• (b) previously put forward persons one of whom was appointed as a nominated Commissioner and is expected to continue to hold office.

• (5) No appointment may be made that would result in two or more nominated Commissioners being persons put forward by the leader of the same party (and nothing in this section has effect so as to require that result).

• (6) A nominated Commissioner may not be appointed as the chairman of the Commission.

• (7) For the purposes of this section, the relative size of any two or more registered parties shall be determined according to the number of Members of the House of Commons belonging to each party at the time in question (or, in the case of two parties with the same number of Members, according to the total number of votes cast for persons standing for election in the name of each of those parties at the most recent parliamentary general election).

• (8) A reference in this section to a Member of the House of Commons does not include any Member of that House who at the time in question—

• (a) has not made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation), or

• (b) is disqualified from sitting and voting in that House.

Attendance and conduct of observers

6A

• (1) A representative of the Commission may attend—

• (a) proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election;

• (b) proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer.

• (c) proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.

• (2) The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question.

• (3) In this section, “representative of the Commission” means any of the following—

• (a) a member of the Commission;

• (b) a member of staff of the Commission;

• (c) a person appointed by the Commission for the purposes of this section.

• (4) A reference to the relevant counting officer must be construed—

• (a) if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3);

• (b) if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland.

• (5) The elections specified in this subsection are—

• (a) an election mentioned in section 5(2);

• (b) a parliamentary by-election;

• (c) an election under section 9 of the Scotland Act 1998 (constituency vacancies);

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

• (da) an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);

• (e) a local government election in England or Wales;

• (ea) a local government election in Scotland;

• (f) a local election in Northern Ireland.

6B

• (1) A representative of the Commission may observe the working practices of any of the following—

• (a) an electoral registration officer;

• (b) a returning officer;

• (c) a relevant counting officer;

• (d) any person acting under the direction of a person mentioned in paragraphs (a) to (c).

• (2) In this section—

• (a) “relevant counting officer”, and

• (b) “representative of the Commission”,

must be construed in accordance with section 6A.

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

6C

• (1) A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—

• (a) proceedings at the issue or receipt of postal ballot papers;

• (b) proceedings at the poll;

• (c) proceedings at the counting of votes.

• (2) If the Commission grant the application, the accredited observer may attend the proceedings in question.

• (3) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F or 6G or, in relation to a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or a local government election in Scotland, section 6G.

• (4) The Commission may at any time revoke the grant of an application under subsection (1).

• (5) If the Commission—

• (a) refuse an application under subsection (1), or

• (b) revoke the grant of any such application,

they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.

• (6) The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question.

6D

• (1) An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—

• (a) proceedings at the issue or receipt of postal ballot papers;

• (b) proceedings at the poll;

• (c) proceedings at the counting of votes.

• (2) If the Commission grant the application the organisation may nominate members who may attend the proceedings in question.

• (3) The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section.

• (4) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F or 6G or, in relation to a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or a local government election in Scotland, section 6G .

• (5) The Commission may at any time revoke the grant of an application under subsection (1).

• (6) If the Commission—

• (a) refuse an application under subsection (1), or

• (b) revoke the grant of any such application,

they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.

• (7) The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question.

6E

• (1) A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D.

• (2) If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person's entitlement.

• (3) Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place.

• (4) A relevant officer is—

• (a) in the case of proceedings at a polling station, the presiding officer;

• (b) in the case of any other proceedings at an election, the returning officer;

• (c) in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A);

• (d) such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph.

6F

• (1) The Commission must prepare a code of practice on the attendance of—

• (a) representatives of the Commission,

• (b) accredited observers, and

• (c) nominated members of accredited organisations,

at elections specified in subsection (5) of section 6A , other than those specified in subsection (2) of section 6G, (other than a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) and a local government election in Scotland) and referendums to which Part 7 applies.

• (1A) The code must also cover the attendance of representatives of the Commission at proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.

• (2) The code must in particular—

• (a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;

• (b) specify the criteria to be taken into account by the Commission in determining such applications;

• (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

• (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

• (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission;

• (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

• (3) The code may make different provision for different purposes.

• (4) Before preparing the code, the Commission must consult the Secretary of State.

• (5) The Commission must lay the code before each House of Parliament.

• (6) The Commission must publish the code (in such manner as the Commission may determine).

• (7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—

• (a) the Commission;

• (b) representatives of the Commission;

• (c) relevant officers (within the meaning of section 6E);

• (d) relevant counting officers.

• (8) The Commission may at any time revise the code.

• (9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.

• (10) In this section and section 6G —

• (a) “accredited observer” must be construed in accordance with section 6C;

• (b) “accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly;

• (c) “relevant counting officer” must be construed in accordance with section 6A;

• (d) “representative of the Commission” has the same meaning as in section 6A.

9A

• (1) The Commission may from time to time—

• (a) determine standards of performance for relevant officers mentioned in subsection (2), and

• (b) publish, in such form and in such manner as they consider appropriate, the standards so determined.

• (2) The standards of performance are such standards as the Commission think ought to be achieved by—

• (a) electoral registration officers in the performance of their functions;

• (b) returning officers in the administration of the elections specified in subsection (6);

• (c) counting officers in the administration of the referendums specified in subsection (7).

• (3) Before determining standards under subsection (1), the Commission must consult—

• (a) the Secretary of State, and

• (b) any other person they think appropriate.

• (4) The Commission may determine different standards for different descriptions of relevant officers.

• (5) When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.

• (5A) In relation to electoral registration officers for areas in Wales, the reference to their functions in subsection (2)(a) is a reference to their functions in relation to registers of parliamentary electors.

• (5A) But subsections (3) and (5) do not apply in relation to standards relating to—

• (a) Scottish Parliamentary general elections,

• (b) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), or

• (c) local government elections in Scotland.

• (6) The elections specified in this subsection are—

• (a) an election mentioned in section 5(2) other than one mentioned in paragraph (d) of that subsection;

• (b) a parliamentary by-election;

• (c) an election under section 9 of the Scotland Act 1998 (constituency vacancies);

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

• (da) an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);

• (e) a local government election in England ....

• (f) a local government election in Scotland.

• (7) The referendums specified in this subsection are—

• (a) a referendum to which Part 7 applies;

• (b) a referendum under Part 2 of the Local Government Act 2000.

• (8) For the purposes of this section and sections 9AA, 9B and 9C, the relevant officers are—

• (a) electoral registration officers;

• (b) in relation to elections within subsection (6) or section 9AA(6) , returning officers;

• (c) in relation to referendums within subsection (7) or section 9AA(7), counting officers.

9B

• (1) The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) or 9AA(1) as may be specified in the direction.

• (2) A direction under subsection (1)—

• (a) must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers),

• (b) may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and

• (c) may require the report or reports to be provided in a form specified in the direction.

• (3) A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates.

• (4) The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A(1) or 9AA(1).

• (5) An assessment under subsection (4)—

• (a) must specify the relevant officer or officers to whom it relates;

• (b) must specify the period to which it relates;

• (c) may specify the elections or referendums (or both) to which it relates.

• (6) The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates.

• (7) Before publishing an assessment under subsection (4), the Commission shall—

• (a) provide to each relevant officer a copy of those parts of the assessment which relate to him;

• (b) have regard to any comments made by him regarding the factual accuracy of the assessment.

9C

• (1) The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction.

• (2) Expenditure information is information relating to—

• (a) in the case of an electoral registration officer, expenditure in connection with the performance of his functions;

• (b) in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A(6) or 9AA(6) for which he is appointed or otherwise holds office;

• (c) in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A(7) or 9AA(7) for which he is appointed.

• (3) A direction under subsection (1)—

• (a) may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction;

• (b) may require the information to be provided in a form specified in the direction;

• (c) may specify the time within which the information must be provided.

• (4) This section does not affect any other power of the Commission to request information.

Commission's functions relating to CORE

20A

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28A

• (1) A party's application under section 28 may include a request for the registration of up to 12 descriptions to be used on nomination papers or ballot papers.

• (2) Where a request is made by a party under this section in relation to a description, the Commission shall register the description as a description of the party unless it is of more than six words in length or in their opinion it—

• (a) would be the same as the name of a party or the registered description of a party which (in either case) is already registered in the register in which that party is applying to be registered,

• (b) would be likely to result in electors confusing that party with another party which is already registered in respect of the relevant part of the United Kingdom,

• (c) is obscene or offensive,

• (d) is of such a character that its publication would be likely to amount to the commission of an offence,

• (e) would be likely, were it to appear on a ballot paper issued at an election—

• (i) to result in an elector being misled as to the effect of his vote, or

• (ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

• (f) includes any script other than Roman script, or

• (g) includes a word or expression prohibited by order made by the Secretary of State.

• (3) In subsection (2)(b) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).

• (4) An order under subsection (2)(g) may except the use of a word or expression from the prohibition in specified circumstances.

• (5) In the application of subsection (2) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is applying to be registered, for “it is of more than six words in length” substitute its length exceeds six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language.

• (6) The Secretary of State may, by order, substitute for the number “12” in subsection (1) such other number as he thinks appropriate.

• (7) An order under subsection (2)(g) or (6) must not be made unless the Secretary of State first consults the Commission.

Parliamentary Parties Panel.

28B

• (1) Two or more parties which are registered under section 28 above in the same register may apply to the Commission to register a description for use by a candidate standing in the name of both or all of the parties jointly.

• (2) The following provisions of section 28A apply to an application under this section as they apply to an application under that section—

• (a) subsections (2) to (5);

• (b) subsection (7), so far as it relates to subsection (2)(g).

• (3) Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a description mentioned in subsection (1) above as they apply to a description to which section 28A applies; and for the purposes of such application—

• (a) any reference to a party in section 30 (except in relation to an application to remove a description under subsection (1)(bb) of that section) must be construed as a reference to the parties mentioned in subsection (1) above acting jointly,

• (b) section 30(4A)(a) must be taken to read “the parties already have a description registered in pursuance of section 28B above”, and

• (c) the requirement in paragraph 9 of Schedule 4 for an application under section 30 to be signed by the responsible officer of a party must be taken to be a requirement for the application to be signed by a responsible officer of each party which joins in the application.

Code of practice on attendance of observers at elections etc.

Attendance and conduct of observers

Broadcasters to have regard to Commission’s views on party political broadcasts.

Examination of duty to have regard to strategy and policy statement

Confirmation of registered particulars etc.

54A

• (1) Where a person (P) causes an amount exceeding £7,500 to be received by a registered party by way of a donation, a written declaration must be given to the 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 subsection (2) applies to the donation.

• (2) This subsection 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 section contains a statement to the effect that subsection (2) applies to the donation, it must also—

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

• (i) subsection (4) of section 54 applies to the donation;

• (ii) subsection (6) of that section applies to it;

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

• (4) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (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 section 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 subsection (2).

54B

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

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

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

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

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

57A

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

Registration of minor parties.

Interpretation of Part II.

62A

• (1) This section applies if each of four consecutive donation reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 62 contains—

• (a) in the case of a party without accounting units, a statement under subsection (10) of that section, or

• (b) in the case of a party with accounting units, statements under subsection (10) of that section in relation to the central organisation of the party and each of its accounting units.

• (2) The treasurer is not required to prepare any further donation reports in pursuance of subsection (1) of that section until a recordable donation—

• (a) is accepted by the registered party, or

• (b) is dealt with by the registered party in accordance with section 56(2).

• (3) A recordable donation is a donation which is required to be recorded by virtue of any of subsections (4) to (9) of section 62 (including those subsections as applied by subsection (11) of that section).

• (4) If a recordable donation is accepted or (as the case may be) dealt with in accordance with section 56(2), nothing in this section affects the operation of section 62 in relation to—

• (a) the reporting period in which the recordable donation is so accepted or dealt with, or

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

• (5) In this section, “donation report” and “reporting period” have the same meaning as in section 62.

Chapter 6 — Special Provision in connection with Northern Ireland

71A

• (1) The following provisions have effect for the interpretation of this Chapter.

• (2) “Northern Ireland recipient” means—

• (a) a party registered in the Northern Ireland register, or

• (b) a regulated donee who is—

• (i) an individual ordinarily resident in Northern Ireland, or

• (ii) a members association wholly or mainly consisting of members of a Northern Ireland party.

• (3) “Regulated donee” and “members association” have the same meaning as in Schedule 7.

• (4) “Prescribed” means prescribed by an order made by the Secretary of State after consulting the Commission.

71B

• (1) In relation to a donation to a Northern Ireland recipient, section 54(2) has effect as if the following were also permissible donors—

• (a) an Irish citizen in relation to whom any prescribed conditions are met;

• (b) a body which is of a prescribed description or category and in relation to which any prescribed conditions are met.

• (2) A description or category of body must not be prescribed for the purposes of subsection (1)(b) unless the Secretary of State is satisfied that a body of that description or category would be entitled under Irish law to donate to an Irish political party.

• (3) In relation to a donation in the form of a bequest subsection (1)(a) is to be read as referring to an individual—

• (a) who at any time within the period of five years ending with the date of his death was an Irish citizen, and

• (b) in relation to whom, at the time of his death, any prescribed conditions were met.

71C

• (1) In relation to a donation received by—

• (a) a registered party which is registered in the Great Britain register, or

• (b) a regulated donee resident or carrying on activities in Great Britain,

section 54(2) has effect as if it did not include a party registered in the Northern Ireland register.

• (2) The reference in subsection (1)(b) to Great Britain includes the combined region.

71D

• (1) The Commission must take such steps as are prescribed for the purpose of verifying the information given in Northern Ireland reports.

• (2) “Northern Ireland report” means a report to the Commission which—

• (a) is prepared by a Northern Ireland recipient, and

• (b) contains, or purports to contain, information required to be given by Schedule 6 or 7.

71E

• (A1) Subject to subsection (A2), this section applies only to a donation received by a Northern Ireland recipient before 1 July 2017.

• (A2) This section does not apply to a donation received before 1 July 2017 which is required to be recorded in a report—

• (a) under section 62 in respect of a period beginning on or after 1 July 2017 because the donation is required by that section to be aggregated with a donation received or transaction entered into on or after that date, or

• (b) under paragraph 10 of Schedule 7 delivered on or after 1 July 2017 because the donation is required by that paragraph to be aggregated with a donation received or a transaction entered into on or after that date.

• (1) A person who is or has been a member or employee of the Commission must not disclose any information which—

• (a) relates to a donation to which this section applies , and

• (b) has been obtained by the Commission in the exercise of their functions under this Part,

except in the following cases.

• (2) Such information may be disclosed, for the purpose of verifying information given in a Northern Ireland report,—

• (a) to a member or employee of the Commission, or

• (b) to such bodies as may be prescribed.

• (3) Such information may be disclosed for the purposes of any criminal or civil proceedings.

• (4) Such information may be disclosed in accordance with any prescribed requirements if it relates to a donation which the Commission believe, on reasonable grounds, was a donation required to be dealt with in accordance with section 56(2) (donations from impermissible and unidentifiable donors).

• (4A) Such information may be disclosed if the Commission believe, on reasonable grounds, that—

• (a) the relevant person has consented to the disclosure, and

• (b) the consent was given in accordance with any prescribed requirements.

• (4B) “The relevant person” means the person who made the donation to which the information relates.

• (5) A person who contravenes subsection (1) is guilty of an offence.

• (6) A person does not contravene subsection (1) if that person discloses information relating to a donation to which this section applies where—

• (a) the donation was received on or after 1 January 2014 but before 1 July 2017,

• (b) the Northern Ireland report recording the donation does not state that the donation was received before 1 July 2017, and

• (c) when the disclosure is made, the person believes that the donation was received on or after 1 July 2017 and is reasonably entitled to hold that belief.

• (7) A person does not contravene subsection (1) merely because—

• (a) the person discloses information relating to a transaction within section 71Z4(A3) (duty not to disclose contents of transaction reports: change to a transaction), and

• (b) that disclosure suggests that a donation was received before 1 July 2017 with which the transaction has been aggregated in accordance with—

• (i) sections 62 (quarterly donation reports: aggregation) and 71M (quarterly reports of regulated transactions: aggregation), or

• (ii) paragraph 10 of Schedule 7 (donation reports: aggregation) and paragraph 9 of Schedule 7A (transactions reports: aggregation).

• (8) A person does not contravene subsection (1) merely because—

• (a) the person discloses information relating to a donation or a transaction in accordance with this section or section 71Z4, and

• (b) the disclosure suggests that a donation was received before 1 July 2017 as a result of which section 62(6) or 71M(6) applies in relation to the donation or transaction mentioned in paragraph (a).

Part 4A — Regulation of loans and related transactions

CHAPTER 1

Division of responsibilities in case of party with accounting units.

71GA

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

Division of responsibilities in case of party with accounting units.

71HZA

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

• (2) This section applies to a regulated transaction—

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

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

• (3) For the purposes of subsection (2)(b) “relevant benefit” and “accruing” have the meaning given by section 71M(3).

• (4) A declaration under this section must also state the individual's full name and address.

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

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

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

Donations for purposes of Part IV.

71HA

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

CHAPTER 2 — SPECIAL PROVISION IN CONNECTION WITH NORTHERN IRELAND

71Z

• (1) The following provisions have effect for the interpretation of this Chapter.

• (2) “Northern Ireland participant” means —

• (a) a party registered in the Northern Ireland register, or

• (b) a regulated participant who is—

• (i) an individual ordinarily resident in Northern Ireland, or

• (ii) a members association wholly or mainly consisting of members of a Northern Ireland party.

• (3) “Regulated participant” and “members association” have the same meaning as in Schedule 7A.

• (4) “Prescribed” means prescribed by an order made by the Secretary of State after consulting the Commission.

• (4A) Such information may be disclosed if the Commission believe, on reasonable grounds, that—

• (a) each relevant person has consented to the disclosure, and

• (b) the consent was given in accordance with any prescribed requirements.

• (4B) “Relevant person” means a party to the transaction to which the information relates other than—

• (a) a registered party whose treasurer is required under this Part to prepare a report to the Commission giving details of the transaction, or

• (b) any other party to the transaction who is required under this Part to prepare such a report.

71Z1

• (1) In relation to a regulated transaction or controlled transaction involving a Northern Ireland participant, section 71H(3) and paragraph 4(3) of Schedule 7A have effect as if the following were also authorised participants—

• (a) an Irish citizen in relation to whom any prescribed conditions are met;

• (b) a body which is of a prescribed description or category and in relation to which any prescribed conditions are met.

• (2) A description or category of body must not be prescribed for the purposes of subsection (1)(b) unless the Secretary of State is satisfied that a body of that description or category would be entitled under Irish law to enter into a transaction which corresponds to a regulated or controlled transaction in relation to an Irish political party.

71Z2

• (1) In relation to a regulated transaction or controlled transaction to which—

• (a) a registered party which is registered in the Great Britain register, or

• (b) a regulated participant resident or carrying on activities in Great Britain,

is a party, section 71H(3) and paragraph 4(3) of Schedule 7A, have effect as if a party registered in the Northern Ireland register is not an authorised participant.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71Z3

• (1) The Commission must take such steps as are prescribed for the purposes of verifying the information given in Northern Ireland report

• (2) “Northern Ireland report” means a report to the Commission which—

• (a) is prepared by a Northern Ireland participant, and

• (b) contains, or purports to contain, information required to be given by Schedule 6A or 7A.

71Z4

• (A1) Subject to subsections (A2) and (A3), this section applies only to a transaction entered into by a Northern Ireland participant before 1 July 2017.

• (A2) This section does not apply to a transaction entered into before 1 July 2017 which is required to be recorded in a report—

• (a) under section 71M in respect of a period beginning on or after 1 July 2017 because the transaction is required by that section to be aggregated with a transaction entered into or a donation received on or after that date, or

• (b) under paragraph 9 of Schedule 7A delivered on or after 1 July 2017 because the transaction is required by that paragraph to be aggregated with a transaction entered into or a donation received on or after that date.

• (A3) This section does not apply to a transaction entered into on or after 1 January 2014 and before 1 July 2017—

• (a) if a change to that transaction is required to be recorded in a report under section 71M in respect of a period beginning on or after 1 July 2017 because the change falls within section 71N(1) or (3), or

• (b) if a change to that transaction which takes effect on or after 1 July 2017 is required to be recorded in a report under paragraph 11 of Schedule 7A because the change falls within sub-paragraph (3) or (5) of that paragraph.

• (A4) In subsection (A3), a reference to a change within section 71N(1) or paragraph 11(3) of Schedule 7A does not include a reference to a repayment of the whole of a debt (or all of the remaining debt) under a loan.

• (1) A person who is or has been a member or employee of the Commission must not disclose any information which –

• (a) relates to a transaction to which this section applies, and

• (b) has been obtained by the Commission in the exercise of their functions under this Part,

except in the following cases.

• (2) Such information may be disclosed–

• (a) to a member or employee of the Commission, or

• (b) to such bodies as may be prescribed,

for the purpose of verifying information given in a Northern Ireland report.

• (3) Such information may be disclosed for the purposes of any criminal or civil proceedings.

• (4) Such information may be disclosed in accordance with any prescribed requirements if it relates to a transaction which the Commission believe, on reasonable grounds, was a transaction which was required to be dealt with under section 71I or 71J or paragraph 5 or 6 of Schedule 7A (transactions involving unauthorised participants).

• (5) A person who contravenes subsection (1) is guilty of an offence.

• (6) A person does not contravene subsection (1) if that person discloses information relating to a transaction to which this section applies where—

• (a) the transaction was entered into on or after 1 January 2014 but before 1 July 2017,

• (b) the Northern Ireland report recording the transaction does not state that the transaction was entered into before 1 July 2017, and

• (c) when the disclosure is made, the person believes that the transaction was entered into on or after 1 July 2017 and is reasonably entitled to hold that belief.

• (7) A person does not contravene subsection (1) if that person discloses information relating to a transaction to which this section applies where—

• (a) the transaction was entered into on or after 1 January 2014 but before 1 July 2017,

• (b) a change to the transaction which took effect before 1 July 2017 is required to be recorded in a report under section 71M or paragraph 11 of Schedule 7A,

• (c) the Northern Ireland report recording the change does not state that it took effect before 1 July 2017, and

• (d) when the disclosure is made, the person believes that the change took effect on or after 1 July 2017 and is reasonably entitled to hold that belief.

• (8) A person does not contravene subsection (1) merely because—

• (a) the person discloses information relating to a transaction within subsection (A3), and

• (b) that disclosure suggests that a transaction was entered into before 1 July 2017 with which the transaction has been aggregated in accordance with section 71M (quarterly reports of regulated transactions: aggregation) or paragraph 9 of Schedule 7A (transactions reports: aggregation).

• (9) A person does not contravene subsection (1) merely because—

• (a) the person discloses information relating to a donation or a transaction in accordance with this section or section 71E, and

• (b) the disclosure suggests that a transaction was entered into before 1 July 2017 as a result of which section 71M(6) or 62(6) applies in relation to the transaction or donation mentioned in paragraph (a).

71F

• (1) In this Part, a reference to a regulated transaction must be construed in accordance with this section.

• (2) An agreement between a registered party and another person by which the other person makes a loan of money to the party is a regulated transaction.

• (3) An agreement between a registered party and another person by which the other person provides a credit facility to the party is a regulated transaction.

• (4) Where—

• (a) a registered party and another person (A) enter into a regulated transaction of a description mentioned in subsection (2) or (3) or a transaction under which any property, services or facilities are provided for the use or benefit of the party (including the services of any person), and

• (b) A also enters into an arrangement whereby another person (B) gives any form of security (whether real or personal) for a sum owed to A by the party under the transaction mentioned in paragraph (a),

the arrangement is a regulated transaction.

• (5) An agreement or arrangement is also a regulated transaction if—

• (a) the terms of the agreement or arrangement as first entered into do not constitute a regulated transaction by virtue of subsection (2), (3) or (4), but

• (b) the terms are subsequently varied in such a way that the agreement or arrangement becomes a regulated transaction.

• (6) References in subsections (2) and (3) to a registered party include references to an officer, member, trustee or agent of the party if he makes the agreement as such.

• (7) References in subsection (4) to a registered party include references to an officer, member, trustee or agent of the party if the property, services or facilities are provided to him, or the sum is owed by him, as such.

• (8) Except so far as the contrary intention appears, references to a registered party in the context of—

• (a) the making of a loan to a registered party,

• (b) the provision of a credit facility to a registered party, or

• (c) a sum being owed by a registered party,

must, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.

• (9) A reference to a connected transaction is a reference to the transaction mentioned in subsection (4)(b).

• (10) In this section a reference to anything being done by or in relation to a party or a person includes a reference to its being done directly or indirectly through a third person.

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

• (12) An agreement or arrangement is not a regulated transaction—

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

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

• (13) The Secretary of State may, by order, specify circumstances or any description of circumstances in which an agreement or arrangement falling within any of subsections (2) to (5) is not a regulated transaction.

71G

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

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

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

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

71H

• (1) A registered party must not—

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

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

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

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

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

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

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

71I

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

• (2) The transaction is void.

• (3) Despite subsection (2)—

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

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

• (4) If—

• (a) the money is not (for whatever reason) repaid as mentioned in subsection (3)(a), or

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

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

• (5) An order under subsection (4) may in particular—

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

• (b) where any form of security is given for a sum owed under the transaction, require that security to be discharged.

• (6) In the case of a regulated transaction where a party other than a registered party—

• (a) at the time the registered party enters into the transaction, is an authorised participant, but

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

the transaction is void and subsections (3) to (5) apply with effect from the time when the other party ceased to be an authorised participant.

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

71J

• (1) This section applies if—

• (a) a registered party and another person (A) enter into a transaction of a description mentioned in section 71F(4)(a),

• (b) A is party to a regulated transaction of a description mentioned in section 71F(4)(b) (“the connected transaction”) with another person (B), and

• (c) B is not an authorised participant.

• (2) Section 71I(2) to (5) applies to the transaction mentioned in subsection (1)(a).

• (3) The connected transaction is void.

• (4) Subsection (5) applies if (but only if) A is unable to recover from the party the whole of the money mentioned in section 71I(3)(a) (as applied by subsection (2) above), along with such interest as is there mentioned.

• (5) Despite subsection (3), A is entitled to recover from B any part of that money (and such interest) that is not recovered from the party.

• (6) Subsection (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,

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

• (8) This section 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 section 71F(4)(a) is not a regulated transaction of a description mentioned in section 71F(2) or (3), references in this section and section 71I(2) to (5) (as applied by subsection (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 property 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

• (c) the market value (at that time) of any facilities or services provided under the transaction.

Quarterly donation reports.

71K

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

71L

• (1) A registered party commits an offence if—

• (a) it enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, and

• (b) an officer of the party knew or ought reasonably to have known of the matters mentioned in paragraph (a).

• (2) A person commits an offence if—

• (a) he is the treasurer of a registered party,

• (b) the party enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant, and

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

• (3) A registered party commits an offence if—

• (a) it enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant,

• (b) no officer of the party knew or ought reasonably to have known that the other participant is not an authorised participant, and

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

• (4) A person who is the treasurer of a registered party commits an offence if—

• (a) the party enters into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant,

• (b) subsection (2)(c) 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 party has received by virtue of the transaction.

• (5) A registered party commits an offence if—

• (a) it 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) an officer of the party knew or ought reasonably to have known of the matters mentioned in paragraph (a).

• (6) A person commits an offence if—

• (a) he is the treasurer of a registered party,

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

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

• (7) A registered party commits an offence if—

• (a) it is a party to a transaction of a description mentioned in section 71F(4)(a),

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

• (c) no officer of the party knew or ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and

• (d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the treasurer of the party he fails to take all reasonable steps to pay to any person who has provided the party with any benefit in consequence of the connected transaction the value of the benefit.

• (8) A person who is the treasurer of a registered party commits an offence if—

• (a) the party is a party to a transaction of a description mentioned in section 71F(4)(a),

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

• (c) subsection (6)(c) does not apply to him, and

• (d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to him he fails to take all reasonable steps to pay to any person who has provided the party 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 registered party in a regulated transaction with a person other than an authorised participant.

• (10) It is a defence for a person charged with an offence under subsection (2) to prove that he took all reasonable steps to prevent the registered party entering the transaction.

• (11) It is a defence for a person charged with an offence under subsection (6) to prove that he took all reasonable steps to prevent the registered party benefiting in consequence of the connected transaction.