44 Short title

This Act may be cited as the Transparency of Lobbying, Non-Party
Campaigning and Trade Union Administration Act 2013.

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, by reason of making a communication, carry on the
business of consultant lobbying if—

(a) 20the 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
25making, 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) 30officials 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) 35any 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;

5(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 acts generally as a representative of persons of a
particular class or description,

(b) 10the 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.

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

(a) 15a 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) 20An “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) 25at 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.

30Part 2 Meaning of terms used in section 2(1)

In return for payment

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

(2) But “payment” does not include any sums payable to a member of either
35House 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) 40otherwise out of money provided by Parliament or out of the
Consolidated Fund (whether or not in respect of that membership).

7 (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
5communication or communications.

8 (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 communications derives wholly
10or 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
15person’s employer.

9 References in this Part of this Act to receiving payment to engage in lobbying
are to be read in accordance with paragraphs 6 to 8.

Communications

10 A communication is not within section 2(3) if it is required to be made by or
20under any statutory provision or other rule of law.

On behalf of another person

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

Part 3 25Positions equivalent to permanent secretary

12 (1) The 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) 30Director of Public Prosecutions;

(none) First Parliamentary Counsel;

(none) Government Chief Scientific Adviser;

(none) Head of the Civil Service;

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

(2) 35Regulations may amend sub-paragraph (1) by adding or removing a
position.

Section 3

SCHEDULE 2 The Registrar of Consultant Lobbyists

Status

1 The Registrar is a corporation sole.

2 5The Registrar exercises the functions of that office on behalf of the Crown.

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) 10The 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) 15The 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) 20carried on the business of consultant lobbying or was an employee of
a person who carried on that business.

(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
25anything done by the Registrar.

Remuneration 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) 30remuneration;

(b) allowances;

(c) pension.

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

8 (1) 35The Registrar may make arrangements with the Minister or other persons—

(a) for staff to be seconded to the Registrar;

(b) for accommodation or services to be provided to the Registrar.

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

Accounts

9 (1) The Registrar must keep proper accounts and proper records in relation to
5the accounts.

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

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

(4) 10After the Registrar has sent a copy of a statement of accounts to the
Comptroller and Auditor General, the Comptroller and Auditor General
must—

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

(b) arrange for a copy of the certified statement and the report to be laid
15before Parliament as soon as possible.

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

(a) the 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.

20Funding

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

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

Amendment of other enactments

11 25In 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—

“The 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
30General for England and Wales” insert—

“The Registrar of Consultant Lobbyists”.

13 In 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—

35“The Registrar of Consultant Lobbyists”.

Section 26

SCHEDULE 3 Controlled expenditure: qualifying expenses

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

Section 85

“Schedule 8A 5Controlled expenditure: qualifying expenses

Part 1 Qualifying expenses

Expenses qualifying where incurred for election purposes

1 For the purposes of section 85(2) the expenses falling within this
10Part of this Schedule are expenses incurred in respect of any of the
matters set out in the following list.

List of matters

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

(2) Unsolicited material addressed to electors (whether addressed to
15them 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
third party’s view on the policies) of one or more registered
parties or of any category of registered parties or candidates.

(4) 20Market research or canvassing conducted for the purpose of
ascertaining polling intentions.

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

(6) Transport (by any means) of persons to any place or places with a
25view to obtaining publicity in connection with an election
campaign.

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

Exclusions

2 (1) 5Nothing in paragraph 1 extends to expenses incurred—

(a) in respect of newsletters or similar publications issued by
or 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
10relating to, their elected representatives or existing or
prospective candidates, or

(b) in 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) 15Sub-paragraph (1)(a) does not apply to expenses incurred—

(a) in respect of newsletters or similar publications issued by
or 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
20relating to, a member of the European Parliament elected
in Great Britain (including the combined region) or
existing 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) 25For the purposes of sub-paragraph (1)(b), a person is a “relevant
supporter” of a third party if the person—

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

(b) pays subscriptions to the third party, or

(c) 30participates in the activities of the third party.

Part 2 Supplemental

Guidance by the Commission

3 (1) The Commission may prepare, and from time to time revise, a
35code of practice giving guidance as to the kinds of expenses which
do, or do not, fall within Part 1 of this Schedule.

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

(3) 40The Secretary of State may approve a draft code either without
modification or with such modifications as he may determine.

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

(a) in its original form, or

(b) in a form which incorporates any modifications
5determined under sub-paragraph (3),

before each House of Parliament.

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

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

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

(a) the Secretary of State shall issue the code in the form of the
15draft laid before Parliament, and

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

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

(8) 20Sub-paragraph (6) does not prevent a new draft code from being
laid before Parliament.

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

(a) if the draft is laid before one House on a day later than the
25day on which it is laid before the other House, the period
of 40 days beginning with the later of the two days, and

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

no account being taken of any period during which Parliament is
30dissolved or prorogued or during which both Houses are
adjourned for more than four days.

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

Power to amend Part 1

4 (1) 35The Secretary of State may by order make such amendments of
Part 1 of this Schedule as he considers appropriate.

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

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

(b) 40after consultation with the Commission.”

Section 32

SCHEDULE 4 Requirements of quarterly and weekly donation reports

After Schedule 11 to the Political Parties, Elections and Referendums Act
2000 insert—

Sections 95A and 95C

“Schedule 11A 5Requirements of quarterly and weekly donation reports

Part 1 Preliminary

1 (1) In this Schedule—

(a) “quarterly report” means a report required to be prepared
10under section 95A;

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

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

(d) 15“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
reporting period within the meaning of section 95A or 95C
in respect of which the report is made.

(2) 20References in this Schedule to the value of a donation are to its
value as determined in accordance with paragraph 5 of Schedule
11.

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

25Part 2 Quarterly reports

Requirements of quarterly reports

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

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

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

(2) 35Where, 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 is a statement that the
recognised third party has seen certain evidence that an
individual has an anonymous entry in an electoral register (within