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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 50

SCHEDULES

Section 2

SCHEDULE 1 Carrying on the business of consultant lobbying

Part 1 5Exceptions

1 Nothing in this Act—

(a) affects the application of any enactment or rule of law preventing the
freedom of speech and debates or proceedings in Parliament being
impeached or questioned in any court or place out of Parliament, or

(b) 10otherwise affects the scope of the exclusive cognisance of Parliament.

2 (1) A Member of Parliament who makes communications within section 2(3) on
behalf of a person or persons resident in his or her constituency does not, by
reason of those communications, carry on the business of consultant
lobbying.

(2) 15In sub-paragraph (1) “resident” has the meaning which it has for the
purposes of section 4 of the Representation of the People Act 1983
(entitlement to be registered as a parliamentary elector).

3 (1) A person does not carry on the business of consultant lobbying if—

(a) the person (or, where the person is an employee, the person’s
20employer) carries on a business which is mainly a non-lobbying
business, and

(b) the making of communications within section 2(3) on behalf of
another person or persons in return for payment is an insubstantial
proportion of that business.

(2) 25In sub-paragraph (1)(a) a business is mainly a “non-lobbying business” if it
consists mainly of 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) 30The 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) 35the Scottish Administration,

(c) the Welsh Assembly Government,

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 51

(d) 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) 5any 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).

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

(a) the person (or, where the person is an employee, the person’s
10employer) acts generally as a representative of persons of a
particular class or description,

(b) the income of the person (or employer) 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
15persons is no more than an incidental part of that general activity.

5 (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,

20makes 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) 25the 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) 30Regulations may specify other organisations which are to be “international
organisations” for the purposes of this paragraph.

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

In return for payment

6 (1) 35“Payment” includes payment of any kind.

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

(3) In particular, it does not matter—

(a) whether the person or persons making the payments are the person
40or 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—

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 52

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

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

(c) 5the 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 10References in this Part of this Act to receiving payment to engage in lobbying
are to be read in accordance with paragraphs 6 and 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.

15On behalf of another person

10 An individual does not make communications on behalf of another person
if the individual is an employee of that person.

Part 3 Positions equivalent to permanent secretary

11 (1) 20The positions mentioned in section 2(5) are—

(nonenone) Cabinet Secretary;

(none) Chief Executive of Her Majesty’s Revenue and Customs;

(none) Chief Medical Officer;

(none) Director of Public Prosecutions;

(none) 25First Parliamentary Counsel;

(none) Government Chief Scientific Adviser;

(none) Head of the Civil Service;

(none) Prime Minister’s Adviser for Europe and Global Issues.

(2) Regulations may amend sub-paragraph (1) by adding or removing a
30position.

Section 3

SCHEDULE 2 The Registrar of Consultant Lobbyists

Status

1 The Registrar is a corporation sole.

2 35The Registrar exercises the functions of that office on behalf of the Crown.

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Appointment

3 (1) The Registrar is to be appointed by the Minister.

(2) The Registrar holds office in accordance with the terms and conditions of
that appointment; but this is subject to sub-paragraphs (3) to (6).

(3) 5The term of office for which the Registrar is appointed must not be more
than 4 years.

(4) A person may be appointed for a second or third term; but a re-appointment
must not be for more than 3 years.

(5) The Registrar may resign by giving written notice to the Minister.

(6) 10The Minister may dismiss the Registrar if the Minister is satisfied that the
Registrar is unable, unwilling or unfit to perform the functions of the office.

4 (1) A person is ineligible for appointment as the Registrar if, at any time in the
previous 5 years, the person—

(a) was a Minister of the Crown or a permanent secretary, or

(b) 15carried on the business of consultant lobbying.

(2) “Minister of the Crown” and “permanent secretary” have the meaning given
by section 2(5).

5 A defect in the Registrar’s appointment does not affect the validity of
anything done by the Registrar.

20Remuneration and staffing

6 Service as the Registrar is not service in the civil service of the State.

7 (1) The Registrar may make arrangements for sums in respect of the following
to be paid to or in respect of the person holding office as the Registrar—

(a) remuneration;

(b) 25allowances;

(c) pension.

(2) The sums paid under sub-paragraph (1) are to be determined by the
Minister.

8 (1) The Registrar may make—

(a) 30arrangements with the Minister or other persons for staff to be
seconded to the Registrar;

(b) arrangements with the Minister or other persons for accommodation
or services to be provided to the Registrar.

(2) The arrangements may include provision for payments by the Registrar to
35the staff or to the Minister.

Accounts

9 (1) The Registrar must keep proper accounts and proper records in relation to
the accounts.

(2) The Registrar must prepare a statement of accounts in respect of each
40financial year.

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(3) The Registrar must send a copy of the statement, within a period specified
by the Minister, to the Comptroller and Auditor General.

(4) After the Registrar has sent a copy of a statement of accounts to the
Comptroller and Auditor General, the Comptroller and Auditor General
5must—

(a) examine, certify and report on the statement, and

(b) arrange for a copy of the certified statement and the report to be laid
before Parliament as soon as possible.

(5) In this paragraph “financial year” means—

(a) 10the period beginning on the day on which section 3 comes into force
and ending on the following 31 March, and

(b) each successive period of 12 months.

Funding

10 (1) The Minister may make grants or loans to the Registrar.

(2) 15The grants or loans may be subject to conditions (including conditions as to
repayment with or without interest).

Amendment of other enactments

11 In Schedule 1 to the Public Records Act 1958 (definition of public records) at
the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

20The Registrar of Consultant Lobbyists.

12 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
and authorities subject to investigation) before the entry for the “Registrar
General for England and Wales” insert—

The Registrar of Consultant Lobbyists.

13 25In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices which are public authorities) at the appropriate place
insert—

The Registrar of Consultant Lobbyists.

Section 26

SCHEDULE 3 30Controlled expenditure: qualifying expenses

After Schedule 8 to the Political Parties, Elections and Referendums Act 2000

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 55

insert—

Section 85

Schedule 8A Controlled expenditure: qualifying expenses

Part 1 Qualifying expenses

5Expenses qualifying where incurred for election purposes

1 For the purposes of section 85(2) the expenses falling within this
Part of this Schedule are expenses incurred in respect of any of the
matters set out in the following list.

List of matters

(1) 10Advertising of any nature (whatever the medium used).

(2) Unsolicited material addressed to electors (whether addressed to
them by name or intended for delivery to households within any
particular area or areas).

(3) Any manifesto or other document setting out the policies (or the
15third party’s view on the policies) of one or more registered
parties or of any category of registered parties or candidates.

(4) Market research or canvassing conducted for the purpose of
ascertaining polling intentions.

(5) The provision of any services or facilities in connection with press
20conferences or other dealings with the media.

(6) Transport (by any means) of persons to any place or places with a
view to obtaining publicity in connection with an election
campaign.

(7) Rallies and other events, including public meetings organised so
25as to obtain publicity in connection with an election campaign or
for other purposes connected with an election campaign.

Exclusions

2 (1) Nothing in paragraph 1 extends to expenses incurred—

(a) in respect of newsletters or similar publications issued by
30or on behalf of the third party with a view to giving
electors in a particular electoral area information about the
opinions or activities of, or other personal information
relating to, their elected representatives or existing or
prospective candidates, or

(b) 35in respect of unsolicited material that is—

(i) about the third party’s activities or objectives, and

(ii) addressed to the third party’s relevant supporters.

(2) Sub-paragraph (1)(a) does not apply to expenses incurred—

(a) in respect of newsletters or similar publications issued by
40or on behalf of a third party with a view to giving electors
in a particular electoral area information about the
opinions or activities of, or other personal information
relating to, a member of the European Parliament elected
in Great Britain (including the combined region) or
45existing or prospective candidates for such election, and

(b) within the period of four months ending with the date of
the poll for an election to the European Parliament.

(3) For the purposes of sub-paragraph (1)(b), a person is a “relevant
supporter” of a third party if the person—

(a) 50makes donations to the third party by way of a standing
order or direct debit,

(b) pays subscriptions to the third party, or

(c) participates in the activities of the third party.

Part 2 55Supplemental

Guidance by the Commission

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

(2) 60Once the Commission have prepared a draft code under this
paragraph, they shall submit it to the Secretary of State for his
approval.

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

(4) 65Once the Secretary of State has approved a draft code he shall lay
a copy of the draft, whether—

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(a) in its original form, or

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

before each House of Parliament.

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

(6) If, within the 40-day period, either House resolves not to approve
the draft, the Secretary of State shall take no further steps in
10relation to the draft code.

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

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

(b) the code shall come into force on such date as the Secretary
15of State may by order appoint,

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

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

(9) 20In this paragraph “40-day period”, in relation to a draft code,
means—

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

(b) 25in any other case, the period of 40 days beginning with the
day on which the draft is laid before each House,

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

(10) 30In this paragraph references to a draft code include a draft revised
code.

Power to amend Part 1

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

(2) 35The Secretary of State may make such an order either—

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

(b) after consultation with the Commission.

Section 32

SCHEDULE 4 40Requirements of quarterly and weekly donation reports

After Schedule 11 to the Political Parties, Elections and Referendums Act

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 57

2000 insert—

Sections 95A and 95C

Schedule 11A Requirements of quarterly and weekly donation reports

Part 1 Preliminary

1 (1) 5In this Schedule—

(a) “quarterly report” means a report required to be prepared
under section 95A;

(b) “reportable donation”, in relation to a quarterly report, has
the same meaning as in that section;

(c) 10“weekly report” means a report required to be prepared
under section 95C;

(d) “substantial donation”, in relation to a weekly report, has
the same meaning as in that section;

(e) “reporting period”, in relation to a report, means the
15reporting period within the meaning of section 95A or 95C
in respect of which the report is made.

(2) References in this Schedule to the value of a donation are to its
value as determined in accordance with paragraph 5 of Schedule
11.

(3) 20References in this Schedule to section 56 are to that section as
applied by paragraph 7 of Schedule 11.

Part 2 Quarterly reports

Requirements of quarterly reports

2 (1) 25A quarterly report in respect of a reporting period—

(a) must contain the statement mentioned in paragraph 3(1)
(reportable donations accepted during reporting period),
and

(b) must contain the statement mentioned in paragraph 5
30(reportable donations from impermissible or
unidentifiable donors dealt with during reporting period).

(2) Where, because of the application of paragraph 2(3B) of Schedule
6 by virtue of paragraph 3(2)(a), the information required in the
statement mentioned in paragraph 3(1) is a statement that the
35recognised third party has seen certain evidence that an
individual has an anonymous entry in an electoral register (within
the meaning of the Representation of the People Act 1983), the
quarterly report must be accompanied by that evidence.

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Statement etc relating to reportable donations accepted during reporting period

3 (1) The statement required by paragraph 2(1)(a) to be contained in a
quarterly report is a statement recording—

(a) the appropriate details in relation to each reportable
5donation accepted by the recognised third party during
the reporting period which is of a substantial value in the
context of that period,

(b) the total value of all other reportable donations which are
accepted by the recognised third party during the
10reporting period, and

(c) such other information as may be required by regulations
made by the Commission.

(2) In relation to a reportable donation of the kind mentioned in sub-
paragraph (1)(a), the “appropriate details” means—

(a) 15the information about the donor which is, in connection
with recordable donations to registered parties, required
to be recorded in donation reports by virtue of paragraph
2 of Schedule 6,

(b) where the donation is of money, the amount of the
20donation,

(c) where the donation is not of money, the nature of the
donation and its value,

(d) the date the donation was accepted by the recognised third
party, and

(e) 25such other information as may be required by regulations
made by the Commission.

(3) Where the recognised third party did not accept any reportable
donations during the reporting period, the statement must record
that fact.

4 (1) 30For the purposes of paragraph 3(1)(a), a reportable donation is of
a substantial value in the context of a reporting period (“the
reporting period”) if—

(a) in a case where there are no reportable donations made by
the donor which have been recordable in any previous
35relevant quarterly report, condition A is met;

(b) in any other case, condition B is met.

(2) Condition A is met if—

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

(b) its value, when added to the value of all other reportable
40donations (if any) made by the same donor which are
accepted by the recognised third party in the relevant
qualifying regulated period, is more than £7,500.

(3) Condition B is met if—

(a) the value of the donation is more than £1,500, or

(b) 45its value, when added to the value of all other reportable
donations (if any) made by the same donor which fall
within sub-paragraph (4), is more than £1,500.

(4) A reportable donation falls within this sub-paragraph if—

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(a) it is accepted by the recognised third party in the relevant
qualifying regulated period, and

(b) it was not recordable in any previous relevant quarterly
report.

(5) 5If a reportable donation which is aggregated under sub-paragraph
(2)(b) or (3)(b) was accepted by the recognised third party in a
previous reporting period, the donation is to be treated for the
purposes of paragraph 3(1)(a) as accepted by the third party
during the reporting period.

(6) 10For the purposes of this paragraph a donation is “recordable in
any previous relevant quarterly report” if details of the donation
were required to be recorded under paragraph 3(1)(a) in any
previous quarterly report in relation to the recognised third party
in the case of the relevant qualifying regulated period.

(7) 15In this paragraph, “the relevant qualifying regulated period”
means the qualifying regulated period (within the meaning of
section 95A) within which the reporting period falls.

Statement of reportable donations dealt with during reporting period

5 (1) The statement required by paragraph 2(1)(b) to be contained in a
20quarterly report is a statement recording the appropriate details in
relation to each reportable donation which—

(a) the recognised third party is prohibited from accepting by
virtue of—

(i) paragraph 6(1)(a) of Schedule 11, or

(ii) 25paragraph 6(1)(b) of that Schedule, and

(b) is dealt with by the recognised third party during the
reporting period in accordance with section 56(2).

(2) In relation to a reportable donation of the kind mentioned in sub-
paragraph (1)(a)(i), the “appropriate details” means—

(a) 30the name and address of the donor,

(b) where the donation is of money, the amount of the
donation,

(c) where the donation is not of money, the nature of the
donation and its value,

(d) 35the date the donation was received by the recognised third
party,

(e) the date and manner in which the donation was dealt with
in accordance with section 56(2)(a), and

(f) such other information as may be required by regulations
40made by the Commission.

(3) In relation to a reportable donation of the kind mentioned in sub-
paragraph (1)(a)(ii), the “appropriate details” means—

(a) details of the manner in which the donation was made,

(b) where the donation is of money, the amount of the
45donation,

(c) where the donation is not of money, the nature of the
donation and its value,

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