Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014

(95A) (1) The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a pre-dissolution period, prepare a report about reportable donations (“a quarterly report”). (2) The reporting periods are— (a) the period of 3 months beginning with the first day of the pre-dissolution period, (b) each succeeding period of 3 months falling within the pre-dissolution period, and (c) any final period of less than 3 months falling within that period. (3) A “pre-dissolution period” means a period— (a) beginning with the first day of a qualifying regulated period, and (b) ending with the day before the day (or the last day) during that qualifying regulated period on which Parliament is dissolved. (4) A “qualifying regulated period” is a period in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections) other than a period including the date of the poll for an early parliamentary general election. (5) An “early parliamentary general election” is a parliamentary general election the date of the poll for which is appointed under section 2(7) of the Fixed-term Parliaments Act 2011. (6) A quarterly report must comply with the requirements of Schedule 11A. (7) A “reportable donation” means a relevant donation (within the meaning of Schedule 11) which— (a) is received by the recognised third party in respect of the relevant election or elections the poll or polls for which take place during the qualifying regulated period, and (b) is accepted, or is dealt with in accordance with section 56(2) (as applied by paragraph 7 of Schedule 11), by the recognised third party during the reporting period. (8) A quarterly report must be delivered to the Commission by the responsible person within the period of 30 days beginning with the end of the reporting period to which it relates. (9) The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief— (a) all reportable donations (if any) recorded in the report as having been accepted by the recognised third party are from permissible donors, and (b) there are no reportable donations which are required to be recorded in the report in accordance with Schedule 11A which are not so recorded. (10) This section does not require the preparation of a quarterly report in respect of a reporting period if no reportable donations are accepted, or dealt with, as described in subsection (7)(b), by the recognised third party during that period. (11) This section does not apply in relation to— (a) a recognised third party which is a registered party other than a minor party, or (b) a recognised Gibraltar third party. (95B) (1) The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a general election period, prepare a report about substantial donations (“a weekly report”). (2) The reporting periods are— (a) the period of 7 days beginning with the first day of the general election period, (b) each succeeding period of 7 days falling within the general election period, and (c) any final period of less than 7 days falling within that period. (3) A “general election period” means the period— (a) beginning with the day on which Parliament is dissolved for a parliamentary general election, and (b) ending with the date during a qualifying regulated period which is the date of the poll for that election. (4) A weekly report must comply with the requirements of Schedule 11A. (5) A “substantial donation” means a relevant donation of a substantial value which is received by the recognised third party during the reporting period in respect of the relevant election or elections the poll or polls for which take place during the qualifying regulated period. (6) A relevant donation is “of a substantial value” if its value (as determined in accordance with paragraph 5 of Schedule 11) is more than £7,500. (7) A weekly report must be delivered to the Commission by the responsible person within the period of 7 days beginning with the end of the reporting period to which it relates. (8) The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief, no substantial donations have been received by the recognised third party during the reporting period which are required to be recorded in the report in accordance with Schedule 11A and are not so recorded. (9) This section does not require the preparation of a weekly report in respect of a reporting period if no substantial donations are received by the recognised third party during that period. (10) In this section— - “qualifying regulated period” means a period in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections); - “relevant donation” has the same meaning as in Schedule 11. (11) This section does not apply in relation to— (a) a recognised third party which is a registered party other than a minor party, or (b) a recognised Gibraltar third party. (95C) (1) The responsible person in relation to a recognised third party commits an offence if, without reasonable excuse, the responsible person— (a) fails to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7), (b) delivers a quarterly or weekly report to the Commission without the accompanying declaration required under section 95A(9) or 95B(8), or (c) delivers a quarterly or weekly report to the Commission which does not comply with the requirements of Schedule 11A. (2) The responsible person in relation to a recognised third party commits an offence if the person knowingly or recklessly makes a false declaration under section 95A(9) or 95B(8). (95D) (1) The court may, on an application made by the Commission, order the forfeiture by a recognised third party of an amount equal to the value of a relevant donation where the court is satisfied that— (a) a failure by the responsible person to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7), or (b) the delivery by the responsible person of a quarterly or weekly report which fails to comply with a requirement of Schedule 11A, was attributable to an intention on the part of any person to conceal the existence or true amount of the donation. (2) The standard of proof in proceedings on an application under this section is that applicable to civil proceedings. (3) A forfeiture order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation. (4) In this section “the court” means— (a) in relation to England and Wales, a magistrates' court; (b) in relation to Scotland, the sheriff; (c) in relation to Northern Ireland, a court of summary jurisdiction. (5) Proceedings on an application under this section to the sheriff are civil proceedings. (6) Sections 59 and 60 (appeals etc against forfeiture orders) apply for the purposes, or in connection with the operation, of this section in relation to a recognised third party as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party. (7) In this section “relevant donation” has the same meaning as in Schedule 11. (95E) (1) This section applies where the requirements in section 95A or 95B to prepare quarterly or weekly reports in the case of a pre-dissolution period or a general election period have effect in relation to a recognised third party. (2) If the third party's notification under section 88(1) lapses during the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party— (a) in respect of the reporting period in which the notification lapses, and (b) in respect of each reporting period (if any) which preceded that period and which falls within the pre-dissolution period or the general election period. (3) If the third party's notification under section 88(1) lapses at or after the end of the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party in the case of that period. (4) In a case where subsection (2) or (3) applies, references in sections 95A to 95D to the responsible person are to be read, for the purposes of, or in connection with, the discharge of obligations of the responsible person under those sections, as references to the person who was the responsible person in relation to the recognised third party immediately before the notification lapsed. (5) In this section— (a) “pre-dissolution period” and “reporting period”, in relation to a quarterly report, have the same meaning as in section 95A, and (b) “general election period” and “reporting period”, in relation to a weekly report, have the same meaning as in section 95B. (95F) (1) Where the Commission receive a quarterly or weekly report under section 95A or 95B, they must— (a) as soon as reasonably practicable after receiving the report, make a copy of the report, and of any documents accompanying it, available for public inspection, and (b) keep any such copy available for public inspection for the period for which the report or other document is kept by them. (2) The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any donation by an individual, the donor's address. (3) At the end of the period of 2 years beginning with the date when any report or other document mentioned in subsection (1) is received by the Commission— (a) they may cause the report or other document to be destroyed, but (b) if requested to do so by the responsible person in relation to the third party concerned, they must arrange for the report or other document to be returned to that person.

• (3) In section 149(6) (inspection of Commission's registers etc), after paragraph (b) insert—

(ba) section 95F,

.

• (4) In section 155(3) (power to vary specified sums), after paragraph (c) insert—

(ca) section 95B(6); (cb) Schedule 11A;

.

• (5) In Schedule 1 (the Commission), in paragraph 3(3)(c), for the words from “the register” to the end substitute

— (i) the register of donations reported under Chapter 3 or 5 of Part 4, (ii) any quarterly or weekly report delivered to the Commission under section 95A or 95B, or (iii) any statement of donations included in a return delivered to the Commission under section 98 or 122;

.

• (6) In Schedule 11 (control of donations to recognised third parties), in the heading to Part 3, after “reporting of donations” insert “in section 96 return”.

• (7) Schedule 4 inserts a new Schedule 11A into that Act.

• (8) In Schedule 20 (penalties) insert the following entries in the appropriate places—

Section 95C(1)(a) (failure of responsible person to deliver quarterly or weekly report to Commission)	On summary conviction: Level 5

;

Section 95C(1)(b) (failure to deliver signed declaration with quarterly or weekly report to the Commission)	On summary conviction: statutory maximum or 6 months
Section 95C(1)(b) (failure to deliver signed declaration with quarterly or weekly report to the Commission)	On indictment: fine or 1 year

;

Section 95C(1)(c) (failure to comply with requirements for quarterly or weekly reports)	On summary conviction: statutory maximum or 6 months
Section 95C(1)(c) (failure to comply with requirements for quarterly or weekly reports)	On indictment: fine or 1 year

;

Section 95C(2) (making a false declaration to Commission when delivering quarterly or weekly report)	On summary conviction: statutory maximum or 6 months
Section 95C(2) (making a false declaration to Commission when delivering quarterly or weekly report)	On indictment: fine or 1 year

.

• (9) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—

• (a) section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 95C(1) and (2) of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and

• (b) regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.

• (10) The Secretary of State may by order made by statutory instrument make, in relation to the content of quarterly or weekly reports under section 95A or 95B of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section), such provision as the Secretary of State thinks appropriate which corresponds or is similar to any of the amendments made to Part 3 of Schedule 11 to that Act by the Political Parties and Elections Act 2009.

• (11) An order under subsection (10) may—

• (a) make provision amending this section or the Political Parties, Elections and Referendums Act 2000;

• (b) make such consequential, supplementary, incidental, transitional or saving provision as the Secretary of State thinks appropriate;

• (c) make different provision for different purposes.

• (12) A statutory instrument containing an order under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Returns as to controlled expenditure

34

• (1) Section 96 of the Political Parties, Elections and Referendums Act 2000 (returns as to controlled expenditure) is amended as follows.

• (2) For subsection (1) substitute—

(1) Subsection (1A) applies where— (a) during a regulated period, any controlled expenditure is incurred by or on behalf of a recognised third party in a relevant part of the United Kingdom, and (b) the incurring of that expenditure would, if the third party had not been recognised, have been an offence under section 94(4) (whether because it was incurred in excess of a limit mentioned in section 94(5) or 94(5ZA)). (1A) The responsible person must prepare a return in respect of the controlled expenditure incurred by or on behalf of the third party during that period in each relevant part of the United Kingdom.

• (3) In subsection (7)—

• (a) in the opening words, for “(1)(a)” substitute “ (1A) ”;

• (b) in paragraph (a), omit “falling within subsection (1)(a)”.

Statements of accounts by recognised third parties

35

• (1) Part 6 of the Political Parties, Elections and Referendums Act 2000 (controls relating to third party national election campaigns) is amended as follows.

• (2) In sections 90(3) and 94(8), (10) and (11), for “99” substitute “ 99A ”.

• (3) After section 96 (returns as to controlled expenditure) insert—

(96A) (1) Where— (a) a return falls to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and (b) the period is one in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections), the responsible person must, subject to subsections (8) and (9), also prepare a statement of accounts in respect of the regulated period. (2) A statement of accounts under this section must include— (a) a statement of the income and expenditure of the third party for the regulated period, and (b) a statement of its assets and liabilities at the end of that period. (3) A statement of accounts under this section must comply with such requirements as to the form and contents of the statement as may be prescribed by regulations made by the Commission. (4) Regulations under subsection (3) may in particular— (a) require any statement of accounts to be prepared in accordance with such methods and principles as are specified or referred to in the regulations; (b) specify information which is to be provided by way of notes to the accounts. (5) Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (3) may impose different requirements according to which of the following bands the gross income or total expenditure of a third party falls within— (a) not exceeding £25,000; (b) exceeding £25,000 but not £100,000; (c) exceeding £100,000 but not £250,000; (d) exceeding £250,000. (6) The Secretary of State may by order amend subsection (5) by varying the number of bands set out in it. (7) The Secretary of State may not make an order under subsection (6) except to give effect to a recommendation of the Commission. (8) This section does not apply if the third party is an individual. (9) This section does not apply to a third party in relation to a regulated period if the Commission are satisfied— (a) that a statement or statements prepared or to be prepared by the third party under any enactment contains or will contain the information required by subsection (2) or equivalent information, and (b) that the Commission are, or will be, able to inspect that statement or those statements. (10) Equivalent information is— (a) a statement or statements of the income and expenditure for a period or periods other than the regulated period, or (b) a statement or statements of assets and liabilities at a date or dates other than the end of that period, but which in the Commission's opinion gives a sufficient indication of the third party's accounts for, or at the end of, the regulated period. (11) Where section 96(7) (lapse of notification) applies to the preparation of a return— (a) the reference to the responsible person in subsection (1) of this section is to be read as a reference to the person described in section 96(7)(b), and (b) for the purposes of, or in connection with, the discharge of obligations of the responsible person under sections 98 and 99A in relation to a statement of accounts under this section, references to the responsible person are to be read as references to that person. (12) In this section and section 97 “gross income” means gross recorded income from all sources.

• (4) In section 97 (auditor's report on return)—

• (a) after subsection (1) insert—

(1A) A report must be prepared by a qualified auditor on any statement of accounts prepared under section 96A in respect of a regulated period, if— (a) a report falls to be prepared under subsection (1) on the return mentioned in section 96A(1)(a), or (b) during the regulated period the gross income or total expenditure of the third party exceeds £250,000.

;

• (b) in subsection (2), after “subsection (1)” insert “ or (1A) ”;

• (c) in the heading, at the end insert “ or statement of accounts ”.

• (5) In section 98 (delivery of returns to the Commission), after subsection (2) insert—

(2A) Where a statement of accounts falls to be prepared under section 96A, the responsible person must deliver— (a) the statement, and (b) if an auditor's report on the statement falls to be prepared under section 97(1A), that report, to the Commission before the end of the period of 6 months beginning with the end of the period under subsection (1) or (2) for the delivery of the relevant section 96 return. (2B) “The relevant section 96 return” means the return mentioned in section 96A(1)(a) which gives rise to the duty to prepare the statement of accounts.

• (6) In section 98(4) (offences)—

• (a) after paragraph (a) insert—

(aa) fails to comply with the requirements of subsection (2A) in relation to any statement or report to which that subsection applies; or

;

• (b) after paragraph (b) insert—

(ba) delivers a statement which does not comply with the requirements of section 96A(2) or (3); or

.

• (7) After section 99 (declaration by responsible person as to return under section 96) insert—

(99A) (1) Each statement of accounts prepared under section 96A must, when delivered to the Commission, be accompanied by a declaration which complies with subsection (2) and is signed by the responsible person. (2) The declaration must state— (a) that the responsible person has examined the statement in question; and (b) that to the best of that person's knowledge and belief it is a complete and correct statement of accounts as required by law. (3) A person commits an offence if— (a) that person knowingly or recklessly makes a false declaration under this section; or (b) subsection (1) is contravened without reasonable excuse at a time when that person is the responsible person in the case of the recognised third party to which the statement of accounts relates.

• (8) In section 100 (public inspection of returns under section 96), after subsection (3) insert—

(4) Where a statement of accounts is delivered under section 98(2A), this section applies as if the statement and any documents accompanying it— (a) were documents accompanying the relevant section 96 return, and (b) (for the purposes of subsection (3)) were received by the Commission when the return was received. (5) In subsection (4)(a), “the relevant section 96 return” has the meaning given by section 98(2B).

• (9) In Schedule 20 (penalties) insert these entries in the appropriate places—

Section 98(4)(aa) (failure of responsible person to deliver statement of accounts and auditor's report to Commission)	On summary conviction: Level 5

;

Section 98(4)(ba) (failure to comply with requirements for statements of accounts)	On summary conviction: statutory maximum or 6 months
Section 98(4)(ba) (failure to comply with requirements for statements of accounts)	On indictment: fine or 1 year

;

Section 99A(3)(a) (making a false declaration to Commission when delivering statement of accounts)	On summary conviction: statutory maximum or 6 months
Section 99A(3)(a) (making a false declaration to Commission when delivering statement of accounts)	On indictment: fine or 1 year
Section 99A(3)(b) (failure to deliver signed declaration with statement of accounts to Commission)	On summary conviction: statutory maximum or 6 months
Section 99A(3)(b) (failure to deliver signed declaration with statement of accounts to Commission)	On indictment: fine or 1 year

.

• (10) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—

• (a) section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 98(4)(aa) and (ba) and 99A(3) of the Political Parties, Elections and Referendums Act 2000 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and

• (b) regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.

Miscellaneous

Third party expenditure in respect of candidates

36

• (1) In section 75 of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent), in subsection (1ZA)(a) (limit on third party expenditure on candidate at parliamentary election), for “£500” substitute “ £700 ”.

• (2) After that section insert—

(75ZA) (1) The returning officer or the Electoral Commission may, at any time during the period of 6 months beginning with the date of the poll at a parliamentary election, request a relevant person to deliver to the officer or Commission a return of permitted expenditure in relation to a candidate at the election who is specified in the request. (2) “Relevant person” means a person who— (a) is not required to deliver a return under section 75(2) in relation to the candidate, and (b) is not the candidate, the candidate's election agent, or a person engaged or employed for payment or promise of payment by the candidate or the candidate's election agent. (3) “Return of permitted expenditure” means a return— (a) showing all permitted expenses incurred by the person in relation to the candidate, or (b) stating that the person incurred no such expenses or that the total such expenses incurred by the person was £200 or less. (4) “Permitted expense”, in relation to a candidate, means an expense incurred by the person in respect of the candidate which, if the person had been required to deliver a return under section 75(2) in relation to the candidate, would have been required to be included in that return. (75ZB) (1) A person must comply with a request under section 75ZA(1) within the period of 21 days beginning with the day on which the request is received. (2) A return of permitted expenditure must be accompanied by a declaration made by the person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body)— (a) verifying the return, and (b) in the case of a return of the kind mentioned in section 75ZA(3)(a), giving particulars of the matters for which the expenses were incurred. (3) A person who fails to deliver a return or declaration in accordance with this section is guilty of an illegal practice. (4) A person who knowingly makes a false declaration under subsection (2) is guilty of a corrupt practice. (5) The court before whom a person is convicted under subsection (3) or (4) may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173. (6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves— (a) that the act or omission took place without his consent or connivance, and (b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

• (3) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—

• (a) section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 75ZB(3) and (4) of the Representation of the People Act 1983 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and

• (b) regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.

Candidate’s personal expenses not to count for local election expenses limit in England and Wales

37

• (1) In section 76(5) of the RPA 1983 (exclusion of personal expenses from limitation on election expenses), after “subsection (1A) above)” insert “ or a local government election in England or Wales ”.

• (2) Subsection (3) applies where, before the relevant date, an enactment—

• (a) provides that section 76 of the RPA 1983 is to have effect in relation to an election of any description as it has effect in relation to a local government election in England or Wales, or

• (b) otherwise makes provision (however expressed) to the effect that that section applies to an election of any description as it applies to a local government election in England and Wales.

• (3) If the date of the poll at an election of that description is on or after the relevant date, section 76 of the RPA 1983 applies to the election as amended by subsection (1).

• (4) In this section—

• “the RPA 1983” means the Representation of the People Act 1983,

• “the relevant date” means the date on which the amendment made by subsection (1) comes into force, and

• “an enactment” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978).

Functions of Electoral Commission with respect to compliance

38

• (1) Section 145 of the Political Parties, Elections and Referendums Act 2000 (general function of Commission with respect to compliance with controls imposed by the Act etc) is amended in accordance with subsections (2) to (4).

• (2) In the heading, for “General function” substitute “ Duties ”.

• (3) In subsection (1)—

• (a) for the words before paragraph (a) substitute “ The Commission must monitor, and take all reasonable steps to secure, compliance with— ”;

• (b) in paragraph (a), for “Parts III to VII” substitute

— (i) sections 24, 31 and 34, (ii) Parts 3 to 7, and (iii) sections 143 and 148

.

• (4) After subsection (6A) insert—

(6B) Each report by the Commission under paragraph 20 of Schedule 1 shall set out the steps the Commission have taken during the year in question to secure compliance with the restrictions and other requirements mentioned in subsection (1).

• (5) In consequence of the amendment made by subsection (3)(a), omit section 1(2) of the Political Parties and Elections Act 2009.

Post-election review

39

• (1) The Minister must, within the period of 12 months beginning with the day on which this Act is passed, appoint a person to conduct a review of the operation of Part 6 of the Political Parties, Elections and Referendums Act 2000 in relation to the first relevant parliamentary general election.

• (2) The “first relevant parliamentary general election” is the first parliamentary general election to be held after the beginning of the first Part 6 regulated period in relation to which one or more of the amendments made by this Part mentioned in section 46(1) have effect.

• (3) A “Part 6 regulated period” is a regulated period within the meaning given by section 46(2)(b).

• (4) The Minister may specify matters which the review must, in particular, consider.

• (5) On completion of the review, the appointed person must—

• (a) make a written report on the review, and

• (b) provide a copy of the report to the Minister.

• (6) The Minister must—

• (a) lay a copy of the report before Parliament, and

• (b) publish the report in such manner as the Minister considers appropriate.

• (7) The report shall be laid before Parliament not more than 18 months after the date of the first relevant parliamentary general election.

• (8) The Minister may pay to the appointed person such remuneration and expenses as the Minister may determine.

• (9) “The Minister” means the Secretary of State or the Lord President of the Council.

Part 3 — Trade unions' registers of members

Duty to provide membership audit certificate

40

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24 (duty to maintain register of members' names and addresses) insert—

(24ZA) (1) A trade union required to maintain a register of the names and addresses of its members by section 24 must send to the Certification Officer a membership audit certificate in relation to each reporting period. (2) In this section and in sections 24ZB to 24ZF, a “reporting period” means a period in relation to which the union is required by section 32 to send an annual return to the Certification Officer. (3) The union must send the membership audit certificate in relation to a reporting period to the Certification Officer at the same time as it sends to the Officer its annual return under section 32 in relation to that period. (4) In the case of a trade union required by section 24ZB to appoint an assurer in relation to a reporting period, the “membership audit certificate” in relation to that period is the certificate which the assurer is required to provide to the union in relation to that period pursuant to that appointment. (5) In any other case, the “membership audit certificate” in relation to a reporting period is a certificate which— (a) must be signed by an officer of the trade union who is authorised to sign on its behalf, (b) must state the officer's name, and (c) must state whether, to the best of the officer's knowledge and belief, the union has complied with its duties under section 24(1) throughout the reporting period. (6) A trade union must, at a person's request, supply the person with a copy of its most recent membership audit certificate either free of charge or on payment of a reasonable charge. (7) The Certification Officer must at all reasonable hours keep available for public inspection, either free of charge or on payment of a reasonable charge, copies of all membership audit certificates sent to the Officer under this section.

• (3) In section 44(4) (discharge of duties in case of union having branches or sections), at the appropriate place in the list insert— “ section 24ZA (duty to provide membership audit certificate), ”.

• (4) In section 118 (federated trade unions), after subsection (4) insert—

(4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.

Duty to appoint an assurer etc

41

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24ZA (which is inserted by section 40) insert—

(24ZB) (1) A trade union required to maintain a register of the names and addresses of its members by section 24 must, in relation to each reporting period, appoint a qualified independent person to be an assurer in relation to that period. (2) There is incorporated in the assurer's appointment a duty which the assurer owes to the trade union— (a) to provide to the union a membership audit certificate in relation to the reporting period which accords with the requirements of section 24ZD, and (b) to carry out such enquiries as the assurer considers necessary to enable the assurer to provide that certificate. (3) A person is a “qualified independent person” if— (a) the person either satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is specified by name in such an order, and (b) the trade union has no grounds for believing that— (i) the person will carry out an assurer's functions otherwise than competently, or (ii) the person's independence in relation to the union might reasonably be called into question. (4) None of the following may act as an assurer— (a) an officer or employee of the trade union or of any of its branches or sections; (b) a person who is a partner of, or in the employment of, or who employs, such an officer or employee. (5) This section does not apply to a trade union in relation to a reporting period if the number of its members at the end of the preceding reporting period did not exceed 10,000. (6) Any order under this section is to be made by statutory instrument and is to be subject to annulment in pursuance of a resolution of either House of Parliament. (24ZC) (1) The rules of every trade union to which section 24ZB applies must contain provision for the appointment and removal of an assurer. But the following provisions have effect notwithstanding anything in the rules. (2) An assurer must not be removed from office except by resolution passed at a general meeting of the members of the union or of delegates of its members. (3) A person duly appointed as an assurer in relation to a reporting period must be reappointed as assurer in relation to the following reporting period, unless— (a) a resolution has been passed at a general meeting of the trade union appointing somebody else instead or providing expressly that the person is not to be re-appointed, (b) the person has given notice to the union in writing of the person's unwillingness to be re-appointed, (c) the person is not qualified for the appointment in accordance with section 24ZB, or (d) the person has ceased to act as assurer by reason of incapacity. (4) But a person need not automatically be re-appointed where— (a) the person is retiring, (b) notice has been given of an intended resolution to appoint somebody else instead, and (c) that resolution cannot be proceeded with at the meeting because of the death or incapacity of the proposed replacement. (24ZD) (1) For the purposes of section 24ZB(2)(a) the requirements of a membership audit certificate in relation to a reporting period provided by an assurer are as follows. (2) The certificate must state the name of, and be signed by, the assurer. (3) The certificate must state— (a) whether, in the assurer's opinion, the trade union's system for compiling and maintaining the register of the names and addresses of its members was satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, and (b) whether, in the assurer's opinion, the assurer has obtained the information and explanations which the assurer considers necessary for the performance of the assurer's functions. (4) If the certificate states that— (a) in the assurer's opinion, the trade union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, or (b) in the assurer's opinion, the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions, the certificate must state the assurer's reasons for making that statement. (5) In the case of a failure to obtain information or explanations as described in subsection (4)(b), the certificate must also— (a) provide a description of the information or explanations requested or required which have not been obtained, and (b) state whether the assurer required that information or those explanations from the union's officers, or officers of any of its branches or sections, under section 24ZE. (6) The reference in subsection (2) to signature by the assurer is, where that office is held by a body corporate or partnership, to signature in the name of the body corporate or partnership by an individual authorised to sign on its behalf. (24ZE) (1) An assurer appointed by a trade union under section 24ZB— (a) has a right of access at all reasonable times to the register of the names and addresses of the union's members and to all other documents which the assurer considers may be relevant to whether the union has complied with any of the requirements of section 24(1), and (b) is entitled to require from the union's officers, or the officers of any of its branches or sections, such information and explanations as the assurer considers necessary for the performance of the assurer's functions. (2) In subsection (1) references to documents include information recorded in any form. (24ZF) If an assurer provides a membership audit certificate in relation to a reporting period to a trade union which states that, in the assurer's opinion— (a) the union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout that period, or (b) the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions, the assurer must send a copy of the certificate to the Certification Officer as soon as is reasonably practicable after it is provided to the union. (24ZG) (1) The duty of confidentiality as respects the register is incorporated in an assurer's appointment by a trade union under section 24ZB. (2) The duty of confidentiality as respects the register is a duty which the assurer owes to the union— (a) not to disclose any name or address in the register of the names and addresses of the union's members except in permitted circumstances, and (b) to take all reasonable steps to secure that there is no disclosure of any such name or address by another person except in permitted circumstances. (3) The circumstances in which disclosure of a member's name or address is permitted are— (a) where the member consents, (b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of the Officer's functions, (c) where it is required for the purposes of the discharge of any of the functions of an inspector appointed by the Officer, (d) where it is required for the purposes of the discharge of any of the functions of the assurer, or (e) where it is required for the purposes of the investigation of crime or criminal proceedings.

• (3) In section 24A(3) (securing confidentiality of register during ballots), after “duty of confidentiality”” insert “ , in the context of a scrutineer or independent person, ”.

• (4) In section 44(4) (discharge of duties in case of union having branches or sections), at the appropriate place in the list insert— “ sections 24ZB and 24ZC (duty to appoint an assurer etc), ”.

• (5) In section 299 (index of defined expressions), in the entry for “the duty of confidentiality”, after “confidentiality” insert “ , in the context of a scrutineer or independent person ”.

Investigatory powers

42

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24ZG (which is inserted by section 41) insert—

(24ZH) (1) If the Certification Officer thinks there is good reason to do so, the Officer— (a) may give directions to a trade union, or a branch or section of a trade union, requiring it to produce such relevant documents as are specified in the directions; (b) may authorise a member of the Officer's staff or any other person (“an authorised person”), on producing (if so required) evidence of that authority, to require a trade union, or a branch or section of a trade union, to produce immediately to the authorised person such relevant documents as that person specifies. (2) “Relevant documents”, in relation to a trade union or a branch or section of a trade union, means— (a) the register of the names and addresses of the trade union's members, and (b) documents of any other description which the Certification Officer or authorised person considers may be relevant to whether the union has failed to comply with any of the requirements of section 24(1) (duties regarding the register of members). (3) Directions under subsection (1)(a) must specify the time and place at which the documents are to be produced. (4) Where the Certification Officer, or an authorised person, has power to require the production of documents by virtue of subsection (1), the Officer or authorised person has the like power to require production of those documents from any person who appears to the Officer or authorised person to be in possession of them. (5) The power under this section to require the production of documents includes the power— (a) if the documents are produced— (i) to take copies of them or extracts from them; (ii) to require the person by whom they are produced to provide an explanation of any of them; (iii) to require any person who is or has been an official or agent of the trade union to provide an explanation of any of them; (b) if the documents are not produced, to require the person who was required to produce them to state, to the best of the person's knowledge and belief, where they are. (6) For the purposes of subsection (5)(a)(iii), “agent” includes an assurer appointed by the trade union under section 24ZB. (7) For supplementary provision, see section 24ZK. (24ZI) (1) The Certification Officer may appoint one or more members of the Officer's staff or other persons as an inspector or inspectors to— (a) investigate whether a trade union has failed to comply with any of the requirements of section 24(1) (duties regarding the register of members), and (b) report to the Officer in such manner as the Officer may direct. (2) The Certification Officer may only make such an appointment if it appears to the Officer that there are circumstances suggesting that the union has failed to comply with a requirement of section 24(1), 24ZA or 24ZB (duties etc relating to the register of members). (3) Where any person appears to the inspector or inspectors to be in possession of information relating to a matter considered by the inspector or inspectors to be relevant to the investigation, the inspector or inspectors may require the person— (a) to produce to the inspector or inspectors any relevant documents relating to that matter, (b) to attend before the inspector or inspectors, and (c) otherwise to give the inspector or inspectors all assistance in connection with the investigation which the person is reasonably able to give. (4) “Relevant documents” means— (a) the register of the names and addresses of the trade union's members, and (b) documents of any other description which the inspector or inspectors consider may be relevant to whether the union has failed to comply with any of the requirements of section 24(1). (5) Where a person who is not a member of the Certification Officer's staff is appointed as an inspector under this section, there is incorporated in the appointment the duty of confidentiality as respects the register of the names and addresses of the trade union's members. (6) The duty of confidentiality as respects that register is a duty which the inspector owes to the Certification Officer— (a) not to disclose any name or address in the register of the names and addresses of the union's members except in permitted circumstances, and (b) to take all reasonable steps to secure that there is no disclosure of any such name or address by another person except in permitted circumstances. (7) The circumstances in which disclosure of a member's name or address is permitted are— (a) where the member consents, (b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of the Officer's functions, (c) where it is required for the purposes of the discharge of any of the functions of the inspector or any other inspector appointed by the Officer, (d) where it is required for the purposes of the discharge of any of the functions of an assurer appointed under section 24ZB, or (e) where it is required for the purposes of the investigation of crime or criminal proceedings. (8) For supplementary provision, see section 24ZK. (24ZJ) (1) An inspector or inspectors appointed under section 24ZI— (a) may make interim reports to the Certification Officer, (b) must make such reports if so directed by the Officer, and (c) on the conclusion of the investigation, must make a final report to the Officer. (2) A report under subsection (1) must be in writing. (3) An inspector or inspectors— (a) may at any time inform the Certification Officer of any matters coming to their knowledge as a result of the investigation, and (b) must do so if the Officer so directs. (4) The Certification Officer may direct an inspector or inspectors— (a) to take no further steps in the investigation, or (b) to take only such further steps as are specified in the direction. (5) Where such a direction is made, the inspector or inspectors are not required under subsection (1)(c) to make a final report to the Certification Officer unless the Officer so directs. (24ZK) (1) Nothing in section 24ZH or 24ZI requires or authorises anyone to require— (a) the disclosure by a person of information which the person would in an action in the court be entitled to refuse to disclose on grounds of legal professional privilege, or (b) the production by a person of a document which the person would in such an action be entitled to refuse to produce on such grounds. (2) But a lawyer may be required under section 24ZH or 24ZI to disclose the name and address of the lawyer's client. (3) A person is not excused from providing an explanation or making a statement in compliance with a requirement imposed under section 24ZH(5) or 24ZI(3) on the ground that to do so would tend to expose the person to proceedings for an offence. (4) But an explanation so provided or a statement so made may only be used in evidence against the person by whom it is provided or made on a prosecution for an offence where, in giving evidence, the person makes a statement inconsistent with it. (5) In this section and in sections 24ZH and 24ZI— (a) references to documents include information recorded in any form, and (b) in relation to information recorded otherwise than in legible form, references to its production are to the production of a copy of the information in legible form.

• (3) In section 24A(4)(b) (securing confidentiality of register during ballots), after “where it is” insert “ required or ”.

Enforcement

43

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24A (securing confidentiality of register during ballots) insert—

(24B) (1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of section 24, 24ZA, 24ZB or 24ZC (duties etc relating to the register of members), the Officer may make a declaration to that effect. (2) Before making such a declaration, the Certification Officer— (a) may make such enquiries as the Officer thinks fit, (b) must give the union an opportunity to make written representations, and (c) may give the union an opportunity to make oral representations. (3) If the Certification Officer makes a declaration it must specify the provisions with which the union has failed to comply. (4) Where the Certification Officer makes a declaration and is satisfied— (a) that steps have been taken by the union with a view to remedying the declared failure or securing that a failure of the same or any similar kind does not occur in future, or (b) that the union has agreed to take such steps, the Officer must specify those steps in the declaration. (5) Where a declaration is made, the Certification Officer must give reasons in writing for making the declaration. (6) Where a declaration is made, the Certification Officer must also make an enforcement order unless the Officer considers that to do so would be inappropriate. (7) An “enforcement order” is an order imposing on the union one or both of the following requirements— (a) to take such steps to remedy the declared failure, within such period, as may be specified in the order; (b) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future. (8) Where, having given the union an opportunity to make written representations under subsection (2)(b), the Certification Officer determines not to make a declaration under subsection (1), the Officer must give the union notice in writing of that determination. (9) Where the Certification Officer requests a person to provide information to the Officer in connection with enquiries under this section, the Officer must specify the date by which that information is to be provided. (10) Where the information is not provided by the specified date, the Certification Officer must proceed with determining whether to make a declaration under subsection (1) unless the Officer considers that it would be inappropriate to do so. (11) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (12) An enforcement order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (13) Where an enforcement order has been made, a person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if the order had been made on an application by that person. (24C) (1) Where the Certification Officer is satisfied that a trade union or any other person has failed to comply with any requirement imposed under— (a) section 24ZH (power of Certification Officer to require production of documents etc), or (b) section 24ZI (investigations by inspectors), the Officer may make an order requiring the trade union or person to comply with the requirement. (2) Before making such an order, the Certification Officer must give the trade union or person an opportunity to be heard. (3) In the case of a failure to comply with a requirement imposed under section 24ZH or 24ZI to produce a document, the Certification Officer may make an order only if the Officer is satisfied that— (a) the document is in the possession of the union or person, and (b) it is reasonably practicable for the union or person to comply with the requirement. (4) In the case of a failure to comply with any other requirement imposed under section 24ZH or 24ZI, the Certification Officer may make an order only if the Officer is satisfied that it is reasonably practicable for the union or person to comply with the requirement. (5) The order must specify— (a) the requirement with which the trade union or person has failed to comply, and (b) the date by which the trade union or person must comply. (6) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court.

• (3) In section 24(6) (remedies for failure to comply with that section), after “court)” insert “ ; see also the powers of the Certification Officer under section 24B to make a declaration and an enforcement order ”.

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

• (5) In section 26 (remedy for failure: application to the court), after subsection (8) insert—

(9) Where a person applies under this section in relation to an alleged failure and the Certification Officer has made a declaration regarding that failure under section 24B, the court must have due regard to the declaration and any order, observations or reasons made or given by the Officer under that section regarding that failure and brought to the court's notice.

• (6) In section 45D (appeals from Certification Officer), after “section” insert “ 24B, 24C, ”.

• (7) In section 256(1) (procedure before the Certification Officer)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) in paragraph (b) after “matter” insert

, or (c) determining whether to make a declaration or enforcement order under section 24B or an order under section 24C

.

Part 4 — Supplementary

Financial provision

44

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

45

• (1) The following provisions of this Act come into force on such day as the Minister may appoint by order made by statutory instrument—

• (a) Part 1, except as mentioned in subsection (3)(a);

• (b) in Part 2—

• (i) section 26(11) and (12) (definition of “election material”);

• (ii) section 31 (extension of power to vary specified sums);

• (iii) section 32 (recognised third parties);

• (iv) section 36 (third party expenditure in respect of candidates);

• (v) section 37 (candidate's personal expenses not to count for local election expenses limit in England and Wales);

• (vi) section 38 (functions of Electoral Commission with respect to compliance);

• (c) Part 3, except as mentioned in subsection (3)(c).

• (2) An order under subsection (1)—

• (a) may appoint different days for different purposes, and

• (b) may make transitional, transitory or saving provision.

• (3) The following provisions of this Act come into force on the day on which the Act is passed—

• (a) any provision of Part 1 which confers power to make regulations, for the purposes of the exercise of that power;

• (b) the provisions of Part 2 not mentioned in subsection (1)(b);

• (c) section 41, for the purposes of the exercise of the power to make subordinate legislation conferred by section 24ZB(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (which is inserted by that section);

• (d) Part 4.

• (4) Section 46 contains transitional provision relating to the commencement of the provisions to which subsection (3)(b) applies.

• (5) “The Minister” means—

• (a) for the purposes of subsection (1)(a) and (b), the Secretary of State or the Lord President of the Council;

• (b) for the purposes of subsection (1)(c), the Secretary of State.

Transitional provision

46

• (1) The amendments made by Part 2 which in accordance with section 45(3)(b) come into force on the day on which this Act is passed have effect only in relation to—

• (a) regulated periods beginning after that day, or

• (b) (for the purposes of enactments having effect otherwise than in relation to regulated periods) expenditure incurred after that day.

• (2) In this section “regulated period” means a period in relation to which any limit is imposed by—

• (a) Schedule 9 to PPERA 2000 (limits on campaign expenditure), or

• (b) Schedule 10 to that Act (limits on controlled expenditure),

(including a period in relation to which a limit is imposed by that Schedule by virtue of subsection (3)(b) or (5)(b)).

• (3) If, apart from this subsection, the day on which this Act is passed would fall within a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000 (limit on campaign expenditure where combination of parliamentary election and other election)—

• (a) paragraph 11(2) of that Schedule (which disapplies limits and periods which would otherwise be imposed by paragraph 3 of that Schedule and substitutes new limits and periods) is of no effect (and is treated as never having had effect) in relation to the parliamentary general election, and

• (b) for the purposes of paragraph 3 of that Schedule as it applies by virtue of paragraph (a), the relevant period is the Schedule 9 transitional period.

• (4) In subsection (3) “the Schedule 9 transitional period” means the period—

• (a) beginning with 23 May 2014, and

• (b) ending with the date of the poll for the parliamentary general election.

• (5) If, apart from this subsection, the day on which this Act is passed would fall within a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 10 to PPERA 2000 (limit on controlled expenditure where combination of parliamentary election and other election)—

• (a) paragraph 11(2) of that Schedule (which disapplies limits and periods which would otherwise be imposed by paragraph 3 of that Schedule and substitutes new limits and periods) is of no effect (and is treated as never having had effect) in relation to the parliamentary general election, and

• (b) for the purposes of paragraph 3 of that Schedule as it applies by virtue of paragraph (a), the relevant period is the Schedule 10 transitional period.

• (6) In subsection (5) “the Schedule 10 transitional period” means the period—

• (a) beginning with 19 September 2014, and

• (b) ending with the date of the poll for the parliamentary general election.

• (7) Subsections (3) and (5) do not apply in the case of a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000, or paragraph 11 of Schedule 10 to that Act, that ends with the date of the poll for an early parliamentary general election.

• (8) An “early parliamentary general election” is a parliamentary general election the date of the poll for which is appointed under section 2(7) of the Fixed-term Parliaments Act 2011.

• (9) The Minister may by order made by statutory instrument make provision disapplying the preceding provisions of this section, and applying alternative transitional, transitory or saving provision, where a poll for an extraordinary general election to the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly takes place in the period—

• (a) beginning with the day after that on which this Act is passed, and

• (b) ending with the date of the poll for the next parliamentary general election.

• (10) A statutory instrument containing an order under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (11) In this section—

• “the Minister” means the Secretary of State or the Lord President of the Council;

• “PPERA 2000” means the Political Parties, Elections and Referendums Act 2000.

Power to make consequential provision

47

• (1) The Minister may by order made by statutory instrument make provision consequential on any provision of Part 2 or section 46.

• (2) An order under this section—

• (a) may include provision amending or modifying any provision of or made under PPERA 2000 (including any provision inserted by this Act),

• (b) may include incidental, supplementary, transitional, transitory or saving provision, and

• (c) may make different provision for different purposes or cases or for different areas.

• (3) A statutory instrument containing an order under this section that amends or modifies any provision of PPERA 2000 may not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

• (4) Any other statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) No order may be made under this section after the date of the poll for the first relevant parliamentary general election.

• (6) In this section—

• “the first relevant parliamentary general election” has the same meaning as in section 39;

• “the Minister” means the Secretary of State or the Lord President of the Council;

• “PPERA 2000” means the Political Parties, Elections and Referendums Act 2000.

Extent

48

• (1) Part 1 of this Act extends to the United Kingdom.

• (2) In Part 2 of this Act—

• (a) section 33(10) to (13) extends to the United Kingdom ..., and

• (b) section 39 extends to the United Kingdom.

• (3) Any amendment or repeal made by Part 2 or 3 of this Act has the same extent as the enactment amended or repealed.

• (4) Part 4 of this Act extends to the United Kingdom ....

Short title

49

This Act may be cited as the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.

SCHEDULE 1

Part 1 — Exceptions

1

• (1) A person does not, by reason of making a communication, carry on the business of consultant lobbying if—

• (a) the person carries on a business which consists mainly of non-lobbying activities, and

• (b) the making of the communication is incidental to the carrying on of those activities.

• (2) In sub-paragraph (1) “non-lobbying activities” are activities other than making, on behalf of another person or persons, communications which—

• (a) relate to any of the matters mentioned in section 2(3)(a) to (d), and

• (b) are made to any of the persons within sub-paragraph (3).

• (3) The persons are—

• (a) members of, and office-holders in, government, and

• (b) officials and members of staff of government.

• (4) For the purposes of this paragraph, “government” includes—

• (a) Her Majesty's Government in the United Kingdom,

• (b) the Scottish Administration,

• (c) the Welsh Assembly Government,

• (d) the First Minister, the deputy First Minister, the Northern Ireland Ministers and any Northern Ireland department,

• (e) the Government of any sovereign Power other than the United Kingdom,

• (f) local government in any part of the United Kingdom, and

• (g) any institution of the European Union;

(and the references to “the government” in section 2(3)(a) to (d) as applied by sub-paragraph (2)(a) are to be read accordingly).

2

A person does not carry on the business of consultant lobbying if—

• (a) the person acts generally as a representative of persons of a particular class or description,

• (b) the income of the person derives wholly or mainly from persons of that class or description, and

• (c) the making of communications within section 2(3) on behalf of those persons is no more than an incidental part of that general activity.

3

• (1) A person who, as an official or member of staff of—

• (a) a sovereign Power other than the United Kingdom, or the Government of such a Power, or

• (b) an international organisation,

makes communications within section 2(3) on its behalf does not, by reason of those communications, carry on the business of consultant lobbying.

• (2) An “international organisation” is any organisation which, for the purposes of section 1 of the International Organisations Act 1968, is declared to be (or is treated as being) an organisation of which—

• (a) the United Kingdom, or Her Majesty's Government in the United Kingdom, and

• (b) at least one other sovereign Power, or the Government of such a Power,

are members.

• (3) Regulations may specify other organisations which are to be “international organisations” for the purposes of this paragraph.

4

An individual does not carry on the business of consultant lobbying by reason of making communications as an employee in the course of a business carried on by the individual's employer.

Part 2 — Meaning of terms used in section 2(1)

In return for payment

5

• (1) “Payment” includes payment of any kind.

• (2) But “payment” does not include any sums payable to a member of either House of Parliament—

• (a) under section 4 or 5 of the Parliamentary Standards Act 2009 (MPs' salaries and allowances),

• (b) pursuant to a resolution or a combination of resolutions of the House of Lords relating to expenses and allowances for its members, or

• (c) otherwise out of money provided by Parliament or out of the Consolidated Fund (whether or not in respect of that membership).

6

• (1) Communications may be made “in return for payment” whether the payment is made directly or indirectly.

• (2) In particular, it does not matter—

• (a) whether the person or persons making the payments is or are the person or persons on behalf of whom the communications are made, or

• (b) whether a particular payment relates to any particular communication or communications.

7

• (1) But a communication is not made “in return for payment” if—

• (a) a person makes the communication on behalf of persons of a particular class or description,

• (b) the income of the person making the communication derives wholly or mainly from persons who are not of that class or description, and

• (c) the person does not receive payment, from persons of that class or description, in return for making that communication.

• (2) If the person making the communication is an employee, the references in sub-paragraph (1)(b) and (c) to the person are to be read as references to the person's employer.

8

References in this Part of this Act to receiving payment to engage in lobbying are to be read in accordance with paragraphs 5 to 7.

Communications

9

A communication is not within section 2(3) if it is required to be made by or under any statutory provision or other rule of law.

Made on behalf of another

10

• (1) Where an individual (“A”) makes a communication in the course of a business carried on by another person (“B”), the communication is to be regarded as being made by B as well as by A.

• (2) Where A is an employee of B, then (whether or not the communication is made on behalf of a third party) A is not to be regarded as making the communication on behalf of B.

Part 3 — Positions equivalent to permanent secretary

11

• (1) The positions mentioned in section 2(6) are—

• Cabinet Secretary;

• Chief Executive of Her Majesty's Revenue and Customs;

• Chief Medical Officer;

• Director of Public Prosecutions;

• First Parliamentary Counsel;

• Government Chief Scientific Adviser;

• Head of the Civil Service;