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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 10

(h) impose duties on the Registrar about the keeping of accounts and other
records in relation to penalties;

(i) allow for the charging of interest, or an additional penalty, if a penalty
is paid late.

5Supplementary

21 Guidance

(1) The Registrar may give guidance about how the Registrar proposes to exercise
the functions under this Part.

(2) The Registrar may do so, in particular, by publishing guidance—

(a) 10as to cases which the Registrar would, or would not, regard as falling
within any of the exceptions in Part 1 of Schedule 1;

(b) otherwise as to the circumstances in which the Registrar would, or
would not, consider that a person is carrying on the business of
consultant lobbying;

(c) 15as to the circumstances in which the Registrar would—

(i) include in the register a statement under section 6(6)(a), or

(ii) remove a person from the register;

(d) as to the circumstances in which the Registrar would consider it
appropriate to impose a civil penalty;

(e) 20about how the amount of a civil penalty will be determined.

(3) Where the Registar has published guidance under subsection (2), the Registrar
may publish—

(a) revisions to the guidance, or

(b) replacement guidance.

(4) 25Publication under this section is to be—

(a) on a website, and

(b) in such other form or forms as the Registrar thinks appropriate.

22 Charges

(1) The Registrar may impose charges for or in connection with the making,
30updating and maintenance of entries in the register.

(2) The charges are to be determined by or in accordance with regulations.

(3) In making the regulations, the Minister must seek to ensure that the total paid
to the Registrar in charges is sufficient to offset the total of the costs incurred
by the Registrar in exercising the functions under this Part.

(4) 35If a charge imposed for making an application or a return to the Registrar is not
paid, the Registrar may treat the application or return as not having been
made.

(5) The Registrar must pay into the Consolidated Fund any sums received in
respect of charges under this section.

(6) 40But regulations may provide for the Registrar to retain some or all of those
sums.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 11

23 Power to make further provision

(1) Regulations may make such provision as the Minister thinks appropriate for
the purposes of carrying into effect any provision of this Part.

(2) Regulations under subsection (1) may in particular make provision (or further
5provision) about—

(a) the date from which an entry in the register is to take effect;

(b) the form and content of information returns under section 5;

(c) the exercise of the Registrar’s powers under section 6(6);

(d) the removal of entries in other circumstances;

(e) 10the minimum period between the date on which an information notice
is served and that date which must be specified under section 9(4)(b);

(f) other matters which must be specified in an information notice;

(g) the cancellation of notices under section 9(7);

(3) Regulations under subsection (1) may make provision permitting or requiring
15the Commissioners for Her Majesty’s Revenue and Customs to supply to the
Registrar, on request, such information regarding any person who is, or is
required to be, registered under the Value Added Tax Act 1994 as is specified
in the regulations.

24 Regulations

(1) 20Any reference in this Part to regulations is to regulations made by the Minister.

(2) Regulations under this Part may make such consequential, supplementary,
incidental or transitional provision as the Minister thinks appropriate,
including provision amending or modifying the provisions of this Part.

(3) Regulations under this Part may make different provision for different
25purposes or cases.

(4) Regulations under this Part are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this Part which amend
the provisions of this Part may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of Parliament.

(6) 30Any other statutory instrument containing regulations under this Part is to be
subject to annulment in pursuance of a resolution of either House of
Parliament.

25 Interpretation

(1) In this Part—

(2) Where the Registrar is required or permitted to serve a notice on a person, this
is to be effected—

(a) if the person is a registered company (within the meaning of the
Companies Act 2006), by sending it by post to the company’s registered
15office;

(b) if the person is an individual, by delivering it in person, by sending it
by post to the individual’s last known place of residence or business, or
by leaving it at that place;

(c) in any other case, by sending it by post to the last known main address
20of that person;

(but this does not prevent the Registrar from sending additional copies of the
notice by whatever means the Registrar thinks appropriate).

Part 2 Non-party campaigning etc

25Controlled expenditure

26 Meaning of “controlled expenditure”

(1) Section 85 of the Political Parties, Elections and Referendums Act 2000
(controlled expenditure by third parties) is amended in accordance with
subsections (2) to (4).

(2) 30In subsection (2), for the words from “in connection with” to the end substitute
“which—

(a) fall within Part 1 of Schedule 8A, and

(b) are incurred for election purposes.

(3) For subsection (3) substitute—

(2A) 35Election campaign”, in relation to a third party, means a campaign
conducted by the third party for election purposes.

(3) “For election purposes” means for the purpose of or in connection
with—

(a) promoting or procuring electoral success at any relevant
40election for—

(i) one or more particular registered parties,

(ii) one or more registered parties who advocate (or do not
advocate) particular policies or who otherwise fall
within a particular category of such parties, or

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 13

(iii) candidates who hold (or do not hold) particular
opinions or who advocate (or do not advocate)
particular policies or who otherwise fall within a
particular category of candidates, or

(b) 5otherwise enhancing the standing—

(i) of any such party or parties, or

(ii) of any such candidates,

with the electorate in connection with future relevant elections
(whether imminent or otherwise).

(4) 10In subsection (4), at the end of paragraph (b) insert “and” and for the words
after that paragraph substitute—

(c) a course of conduct may constitute the doing of one of those
things even though it does not involve any express mention
being made of the name of any party or candidate.

(5) 15Section 94 of that Act (limits on controlled expenditure by third parties) is
amended in accordance with subsections (6) and (7).

(6) After subsection (2) insert—

(2A) It is a defence for any person or third party charged with an offence
under subsection (2) to show—

(a) 20that any code of practice for the time being issued under
paragraph 3 of Schedule 8A was complied with in determining
the items and amounts of campaign expenditure to be entered
in the relevant return under section 96, and

(b) that the limit would not have been exceeded on the basis of the
25items and amounts entered in that return.

(7) In subsection (6)(b), for “in connection with the production or publication of
election material which” substitute “and the expenditure”.

(8) In section 143 of that Act (details to appear on election material), in subsection
(11), for the definition of “election material” substitute—

(9) In section 156 of that Act (orders and regulations), after subsection (4)(j)
insert—

(ja) 35paragraph 4 of Schedule 8A,.

(10) Schedule 3 inserts a new Schedule 8A into that Act.

27 Changes to existing limits

(1) In section 94(5) of the Political Parties, Elections and Referendums Act 2000
(limits on controlled expenditure by non-recognised third parties)—

(a) 40in paragraph (a), for “£10,000” substitute “£5,000”;

(b) in paragraph (b), for “£5,000” substitute “£2,000”.

(2) In Schedule 10 to that Act (limits on controlled expenditure by recognised third
parties)—

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 14

(a) in paragraph 3(2), for paragraphs (a) to (d) substitute “2% of the
maximum campaign expenditure limit in that part of the United
Kingdom.”;

(b) after paragraph 3(3) insert—

(4) 5The “maximum campaign expenditure limit” in a part of the
United Kingdom is the limit imposed by paragraph 3 of
Schedule 9 in relation to campaign expenditure incurred in
the relevant period by or on behalf of a registered party
which contests all the constituencies in that part (and to
10which sub-paragraph (6) of that paragraph does not apply).

28 Constituency limits

(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 section 94 (limits on controlled expenditure by third parties)—

(a) 15in subsection (1), after “Northern Ireland” insert “, or in particular
parliamentary constituencies,”;

(b) in subsection (2)—

(i) after “part of the United Kingdom” (the first time it occurs)
insert “or a parliamentary constituency”;

(ii) 20after “part of the United Kingdom” (the second time it occurs)
insert “or parliamentary constituency”;

(c) in subsection (6)—

(i) in paragraph (a), after “part of the United Kingdom” insert “or
a particular parliamentary constituency”;

(ii) 25in the words after paragraph (b), after “part of the United
Kingdom” insert “or parliamentary constituency”;

(d) in subsection (10), omit the “and” at the end of paragraph (c) and after
paragraph (d) insert—

(e) any reference to controlled expenditure being incurred
30in a parliamentary constituency shall be construed in
accordance with paragraph 2A of that Schedule.

(3) In section 96 (returns as to controlled expenditure)—

(a) in subsection (2), after paragraph (a) insert—

(aa) a statement listing each constituency (if any) in which
35the controlled expenditure incurred by or on behalf of
the third party during that period exceeded the limit
imposed by paragraph 3(2B), 9(3C) or (5C), 10(3C) or
11(4C) of Schedule 10 (post-dissolution constituency
limit);

(ab) 40a statement showing, for each constituency listed under
paragraph (aa), all payments made in respect of
controlled expenditure incurred by or on behalf of the
third party during that period in that constituency;;

(b) in subsection (3)(a), after “subsection (2)(a)” insert “or (ab)”;

(c) 45after subsection (8) insert—

(9) This section does not require the preparation of a separate
return for the period in relation to which a limit is imposed by

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 15

paragraph 3(2B), 9(3C) or (5C), 10(3C) or 11(4C) of Schedule 10
(post-dissolution constituency limit).

(4) Schedule 10 (limits on controlled expenditure) is amended in accordance with
subsections (5) to (10).

(5) 5After paragraph 2 insert—

Attribution of expenditure to different parliamentary constituencies

(1) For the purposes of this Schedule controlled expenditure incurred by
or on behalf of any recognised third party shall (subject to the
following provisions of this paragraph) be attributed to each
parliamentary constituency in equal proportions.

(2) 10Controlled expenditure whose effects are wholly or substantially
confined to any particular constituencies or constituency—

(a) shall be attributed to those constituencies in equal
proportions, or

(b) shall be attributed solely to that constituency,

15as the case may be.

(3) For the purposes of sub-paragraph (2), the effects of controlled
expenditure are wholly or substantially confined to any particular
constituencies or constituency if they have no significant effects in
any other constituency or constituencies.

(4) 20References in this Schedule to controlled expenditure “in” a
particular constituency are accordingly to controlled expenditure
which is to be attributed to that constituency in accordance with this
paragraph.

(6) After paragraph 3(2) insert—

(2A) 25The limit applying to controlled expenditure which is incurred by or
on behalf of a recognised third party in the relevant period in any
particular parliamentary constituency is 0.05% of the total of the
maximum campaign expenditure limits in England, Scotland, Wales
and Northern Ireland.

(2B) 30The limit applying to controlled expenditure which is incurred by or
on behalf of a recognised third party in the post-dissolution part of
the relevant period in any particular parliamentary constituency is
0.03% of the total of the maximum campaign expenditure limits in
England, Scotland, Wales and Northern Ireland.

(7) 35After paragraph 3(4) (as inserted by section 27) insert—

(5) For the purposes of this paragraph, the “post-dissolution part” of the
relevant period is the period—

(a) beginning with the day during that period on which
Parliament is dissolved, and

(b) 40ending with the date of the poll for the parliamentary general
election.

(8) In paragraph 9 (combined limits where parliamentary election pending)—

(a) in sub-paragraph (1)(a), for “a limit” substitute “limits”;

(b) in sub-paragraph (2)(b), for “limit” substitute “limits”;

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 16

(c) after sub-paragraph (3) insert—

(3A) Subject to sub-paragraphs (5) to (7), the limit applying to
controlled expenditure which is incurred by or on behalf of
the recognised third party in the relevant period in any
5particular parliamentary constituency is the relevant
proportion of the limit mentioned in paragraph 3(2A).

(3B) For this purpose “the relevant proportion” means—


where—

  • 10A is the number of days in the relevant period;

  • B is the number of days in the period which is the
    relevant period for the purposes of paragraph 3.

(3C) The limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party in the
15post-dissolution part of the relevant period in any particular
parliamentary constituency is the limit mentioned in
paragraph 3(2B).;

(d) in sub-paragraph (4), for “sub-paragraph (3)” substitute “sub-
paragraphs (3) to (3C)”;

(e) 20after sub-paragraph (5) insert—

(5A) Where two parliamentary general elections are pending
during different parts of any such period as is mentioned in
sub-paragraph (2)—

(a) the limit applying to controlled expenditure which is
25incurred by or on behalf of the recognised third party
in the first relevant period in any particular
parliamentary constituency is the relevant proportion
of the limit mentioned in paragraph 3(2A), and

(b) the limit applying to controlled expenditure which is
30incurred by or on behalf of the recognised third party
in the second relevant period in any particular
parliamentary constituency is the relevant proportion
of the limit mentioned in paragraph 3(2A).

(5B) For these purposes “the relevant proportion” means—


35

where—

  • A is the number of days in the first relevant period or (as
    the case may be) the second relevant period;

  • B is the number of days in the period which is the
    40relevant period for the purposes of paragraph 3.

(5C) Where two parliamentary general elections are pending
during different parts of any such period as is mentioned in
sub-paragraph (2), the limit applying to controlled
expenditure which is incurred by or on behalf of the
45recognised third party in the post-dissolution part of the first

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 17

or second relevant period in any particular parliamentary
constituency is the limit mentioned in paragraph 3(2B).;

(f) in sub-paragraphs (6) and (7), for “sub-paragraph (5)” substitute “sub-
paragraphs (5) to (5C)”;

(g) 5after sub-paragraph (7) insert—

(8) For the purposes of this paragraph, “the post-dissolution
part” of any period is the period—

(a) beginning with the day during that period on which
Parliament is dissolved, and

(b) 10ending with the date of the poll for the parliamentary
general election.

(9) In paragraph 10 (combination of limit under paragraph 9 and other limit)—

(a) in sub-paragraph (1)—

(i) for “a limit” (in both places) substitute “limits”;

(ii) 15after “9(3)” insert “to (3C)”;

(iii) after “9(5)” insert “to (5C);

(b) in sub-paragraph (2), for “limit” (in both places) substitute “limits”;

(c) after sub-paragraph (3) insert—

(3A) The limit applying to controlled expenditure which is
20incurred by or on behalf of the recognised third party during
the combined period in any particular parliamentary
constituency is the relevant proportion of the limit
mentioned in paragraph 3(2A).

(3B) For this purpose “the relevant proportion” means—


25

where—

  • A is the number of days in the combined period;

  • B is the number of days in the period which is the
    relevant period for the purposes of paragraph 3.

(3C) 30The limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party in the
post-dissolution part of the combined period in any
particular parliamentary constituency is the limit mentioned
in paragraph 3(2B).;

(d) 35after sub-paragraph (4) insert—

(4A) For the purposes of this paragraph, “the post-dissolution
part” of the combined period is the period—

(a) beginning with the day during that period on which
Parliament is dissolved, and

(b) 40ending with the date of the poll for the parliamentary
general election.

(10) In paragraph 11 (combination of parliamentary general election and other
election, or elections, falling within paragraphs 4 to 8)—

(a) in sub-paragraph (1), for “a limit” substitute “limits”;

(b) 45in sub-paragraph (2), for “limit” (in both places) substitute “limits”;

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 18

(c) after sub-paragraph (4) insert—

(4A) The limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party during
the combined period in any particular parliamentary
5constituency is the relevant proportion of the limit
mentioned in paragraph 3(2A).

(4B) For this purpose “the relevant proportion” means—


where—

  • 10A is the number of days in the combined period;

  • B is the number of days in the period which is the
    relevant period for the purposes of paragraph 3.

(4C) The limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party in the
15post-dissolution part of the combined period in any
particular parliamentary constituency is the limit mentioned
in paragraph 3(2B).;

(d) after sub-paragraph (5) insert—

(5A) For the purposes of this paragraph, “the post-dissolution
20part” of the combined period is the period—

(a) beginning with the day during that period on which
Parliament is dissolved, and

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

29 25Targeted expenditure limits

(1) Part 5 of the Political Parties, Elections and Referendums Act 2000 (control of
campaign expenditure) is amended in accordance with

(2) s (3) and (4).

(3) In section 79 (limits on campaign expenditure), after subsection (3) insert—

(3A) 30See section 94D (expenditure by or on behalf of recognised third party
targeted at a registered party) for—

(a) provision under which expenditure incurred by or on behalf of
a third party may count towards the limit mentioned in
subsection (2), and

(b) 35provision modifying subsection (2)(a)(i) in its application to
such expenditure.

(4) In section 80(4) (returns as to campaign expenditure), omit the “and” at the end
of paragraph (a) and after paragraph (b) insert ; and

(c) in the case of any campaign expenditure treated as incurred by
40the party by virtue of section 94D(2) (expenditure by or on
behalf of recognised third party targeted at a registered party),
any declaration falling to be made with respect to that
expenditure in accordance with section 94D(5).

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 19

(5) Part 6 of that Act (controls relating to third party national election campaigns)
is amended in accordance with subsections (6) to (9).

(6) In section 87 (expenditure by third parties which is not controlled
expenditure), after subsection (2) insert—

(3) 5The reference in subsection (1)(b)(i) to circumstances in which an
amount of campaign expenditure is to be regarded as incurred by or on
behalf of a registered party for the purposes of Part 5 does not include
circumstances in which an amount of campaign expenditure is treated
as incurred by a registered party under section 94D(2).

(7) 10In the italic heading before section 94 after “Financial limits” insert “on controlled
expenditure
”.

(8) In section 94 (limits on controlled expenditure by third parties), in subsections
(6), (8) and (10), after “the purposes of this section” insert “, sections 94B to
94F”.

(9) 15After section 94 insert—

Financial limits on targeted controlled expenditure
94A Overview of sections 94B to 94F

(1) Sections 94B to 94F impose limits on, and make other provision relating
to, controlled expenditure incurred by or on behalf of a recognised
20third party where the expenditure is targeted at a particular registered
party.

(2) Section 94B defines when controlled expenditure is regarded as
targeted at a particular registered party, specifies the limits and
specifies the periods over which the limits operate.

(3) 25Section 94C makes provision about the consequences where controlled
expenditure targeted at a registered party is incurred by or on behalf of
a recognised third party in excess of a limit without authorisation from
the registered party.

(4) Section 94D makes provision about the consequences where controlled
30expenditure targeted at a registered party is incurred by or on behalf of
a recognised third party in excess of a limit with authorisation from the
registered party.

(5) Section 94E makes provision about how a registered party may give or
withdraw authorisation (including provision enabling the registered
35party to specify a cap on the amount of expenditure authorised).

(6) Section 94F makes provision about the meaning of references to
expenditure that “exceeds” a targeted expenditure limit or cap.

94B Meaning of “targeted”, “targeted expenditure limit” etc

(1) Controlled expenditure is “targeted” at a particular registered party if
40it can reasonably be regarded as—

(a) intended to benefit that party or any of its candidates, and

(b) not intended to benefit any other registered party or any of its
candidates.

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