Recall of MPs Bill (HC Bill 94)

(4) After subsection (7), insert—

“(7A) In determining for the purposes of subsection (1)(c) whether an
alteration made in consequence of the determination, requirement or
decision is due to take effect under section 13BC(3) on or before the
5interim publication date, the reference to section 13AB in section
13BC(2) is to be disregarded.”

(5) After subsection (9), insert—

“(10) Subsection (2) does not require a registration officer to issue a notice
under that subsection in a case where section 13BC(3) or (6) requires
10the officer to issue a notice under that provision at an earlier time.”

5 (1) Section 13B (alteration of registers: pending elections), as it has effect in
England and Wales and Scotland, is amended as follows.

(2) In subsection (1), after “section 13A(2) above” insert “or section 13BC(3) or
(6) below”.

(3) 15In subsection (2)(c), for “or section 13AB(3)” substitute “, or under section
13AB(3) or section 13BC(3) or (6),”.

(4) After subsection (3), insert—

“(3ZA) In determining for the purposes of subsection (2)(c) whether an
alteration made in consequence of the determination, requirement or
20decision is due to take effect under section 13BC(3) on or before the
fifth day before the date of the poll, the reference to section 13B in
section 13BC(2) is to be disregarded.

(3ZB) Subsection (3) does not require a registration officer to issue a notice
under that subsection in a case where section 13BC(3) or (6) requires
25the officer to issue a notice under that provision at an earlier time.”

6 (1) Section 13BA (alteration of registers in Northern Ireland: pending elections)
is amended as follows.

(2) In subsection (1), after “section 13A(2)” insert “or section 13BC(3) or (6)”.

(3) In subsection (2)(b), after “section 13A(2)” insert “, or section 13BC(3),”.

(4) 30After subsection (3), insert—

“(3A) In determining for the purposes of subsection (2)(b) whether an
alteration made in consequence of the determination or requirement
is due to take effect under section 13BC(3) on or before the final
nomination day, the reference to section 13BA in section 13BC(2) is
35to be disregarded.

(3B) Subsection (3) does not require the Chief Electoral Officer to issue a
notice under that subsection in a case where section 13BC(3) requires
the officer to issue a notice under that provision at an earlier time.”

(5) In subsection (5)(b), after “section 13A(2)” insert “, or section 13BC(3) or (6),”.

(6) 40After subsection (6), insert—

“(6A) In determining for the purposes of subsection (5)(b) whether an
alteration made in consequence of the decision or determination is
due to take effect under section 13BC(3) on or before the fifth day

before the date of the poll, the reference to section 13BA in section
13BC(2) is to be disregarded.

(6B) Subsection (6) does not require the Chief Electoral Officer to issue a
notice under that subsection in a case where section 13BC(3) or (6)
5requires the officer to issue a notice under that provision at an earlier
time.”

7 Before section 13C, insert—

“13BC Alteration of registers: recall petition

(1) This section applies if—

(a) 10a Speaker’s notice is given in relation to a recall petition in
respect of an MP under the Recall of MPs Act 2014 (“the 2014
Act”), and

(b) a day is designated in relation to that petition under section
7(1)(b) of that Act (first day of the signing period).

(2) 15Subsection (3) applies where—

(a) at any time before the cut-off day, section 13A applies to a
registration officer, by virtue of subsection (1) of that section,
in connection with—

(i) a requirement or determination falling within
20paragraph (za) or (a) of that subsection in respect of a
qualifying application for registration,

(ii) a requirement falling within paragraph (zb) of that
subsection in respect of an entry in the register
resulting from a qualifying application for
25registration, or

(iii) a requirement, decision or determination falling
within any of paragraphs (b) to (d) of that subsection,

(b) in consequence of the requirement, determination or
decision, an entry relating to a person falls to be made or
30altered in, or removed from, the relevant register,

(c) no alteration made in consequence of the requirement,
determination or decision has already taken effect, or is due
to take effect, under section 13A, 13AB, 13B or 13BA on or
before the cut-off day, and

(d) 35if the relevant register is for a constituency in Northern
Ireland, the Chief Electoral Officer for Northern Ireland is
supplied on or before the prescribed date with such
additional material as is prescribed supporting the
appropriate alteration in the register.

(3) 40In such a case—

(a) the registration officer must issue, in the prescribed manner
on the cut-off day, a notice specifying the appropriate
alteration in the register, and

(b) subject to sections 13B(1) and 13BA(1), the alteration is to take
45effect as from the beginning of the day on which the notice is
issued.

(4) In determining for the purposes of subsection (2)(c) whether an
alteration made in consequence of the requirement, determination or
decision is due to take effect under section 13AB, 13B or 13BA on or

before the cut-off day, the references to section 13BC(3) in section
13AB(7), 13B(2) and 13BA(2) and (5) are to be disregarded.

(5) Subsection (6) applies where—

(a) at any time on or after the cut-off day but before the
5prescribed time on the last day of the signing period, section
13A applies to a registration officer, by virtue of subsection
(1) of that section, in connection with—

(i) a notification mentioned in paragraph (c) of that
subsection, or

(ii) 10a determination falling within paragraph (d) of that
subsection, and

(b) in consequence of the notification or determination, an entry
relating to a person falls to be made or altered in, or removed
from, the relevant register.

(6) 15In such a case—

(a) the registration officer must issue, in the prescribed manner
and on the appropriate day, a notice specifying the
appropriate alteration in the register, and

(b) subject to sections 13B(1) and 13BA(1), the alteration is to take
20effect as from the beginning of the day on which the notice is
issued.

(7) “The appropriate day” means—

(a) in a case falling within subsection (5)(a)(i), the day when the
registration officer receives the notification referred to in that
25provision (or, if that is not a working day, the next working
day);

(b) in a case falling within subsection (5)(a)(ii), the day when the
registration officer makes the determination referred to in
that provision (or, if that is not a working day, the next
30working day).

(8) If the petition officer in relation to the recall petition receives a notice
under section 13(5) of the 2014 Act (early termination of recall
petition process), this section ceases to apply in the case of that
petition.

(9) 35But if, at the time when that notice is so received—

(a) the registration officer is under a duty under subsection (3) or
(6) of this section to issue a notice, but

(b) has not yet issued the notice,

the registration officer remains under that duty to issue the notice at
40the time at which it would have been required to be issued if
subsection (8) had not applied.

(10) In this section—

(a) “the cut-off day” means the 3rd working day before the
beginning of the signing period,

(b) 45“qualifying application for registration” means an
application for registration that—

(i) is made on or before the day on which the Speaker’s
notice is given, or

(ii) is treated as made by virtue of section 10A(2) (return
of canvass form treated as application for
registration) in respect of a form returned on or before
that day,

(c) 5“relevant register” means the register of parliamentary
electors for the MP’s constituency,

(d) the following expressions have the same meaning as in the
2014 Act: “MP”, “petition officer”, “recall petition”, “the
signing period”, “Speaker’s notice” and “working day” (see
10section 22 of that Act), and

(e) any reference to a notice given under the 2014 Act or the time
at which such a notice is given has the same meaning as in
that Act.”

8 (1) Section 56 (registration appeals: England and Wales) is amended as follows.

(2) 15In subsection (4), for “and 13B” substitute “, 13B and 13BC”.

(3) In subsection (4A), after “13B(3) or (3B)” insert “or 13BC(3) or (6)”.

9 (1) Section 58 (registration appeals: Northern Ireland) is amended as follows.

(2) In subsection (4), for “and 13BA” substitute “, 13BA and 13BC”.

(3) In subsection (5), for “or 13BA(6) or (9)” substitute “, 13BA(6) or (9) or
2013BC(3) or (6)”.

Section 16

SCHEDULE 3 Regulation of expenditure

Part 1 Introduction

25Overview

1 (1) This Schedule regulates expenditure in relation to recall petitions.

(2) Part 2 limits the amount of petition expenses that may be incurred during
the recall petition period—

(a) by or on behalf of persons who are not accredited campaigners, and

(b) 30by or on behalf of accredited campaigners.

(3) Part 3 imposes further controls on the petition expenses of accredited
campaigners.

(4) Part 4 defines “petition expense”.

(5) Part 5 defines “accredited campaigner” and identifies the responsible person
35in relation to an accredited campaigner.

(6) Part 6 contains supplementary provision, including—

(a) provision about offences under this Schedule which are a corrupt or
illegal practice, and

(b) provision applying the definitions of “registered party”, “minor
party” and certain other expressions used in PPERA 2000.

(7) In this Schedule, “the recall petition period”, in relation to a recall petition,
means the period—

(a) 5beginning with the day after that on which the Speaker’s notice is
given, and

(b) ending with the day on which the petition officer—

(i) receives a notice under section 13(5) (early termination of
recall petition process), or

(ii) 10gives a notice under section 14(2)(b) (determination of
whether recall petition successful).

Part 2 Limits on expenditure

Limit on petition expenditure: persons other than accredited campaigners

2 (1) 15The total petition expenses incurred during the recall petition period by or
on behalf of a person who is not an accredited campaigner must not exceed
£500.

(2) The following provisions of this paragraph apply where—

(a) at any time during the recall petition period any petition expenses
20are incurred by or on behalf of a person (“P”) in excess of the limit
imposed by sub-paragraph (1), and

(b) P is not at that time an accredited campaigner.

(3) Where P is an individual, P commits an offence if P knew or ought
reasonably to have known that the expenses would be incurred in excess of
25that limit.

(4) Where P is a body—

(a) P commits an offence, and

(b) any person who authorised the expenses to be incurred by or on
behalf of P commits an offence if the person knew or ought
30reasonably to have known that the expenses would be incurred in
excess of that limit.

(5) An offence under this paragraph is a corrupt practice.

Limit on petition expenditure: accredited campaigners

3 (1) The total petition expenses incurred during the recall petition period by or
35on behalf of an accredited campaigner must not exceed £10,000.

(2) The following provisions of this paragraph apply where—

(a) at any time during the recall petition period any petition expenses
are incurred by or on behalf of a person (“P”) in excess of the limit
imposed by sub-paragraph (1), and

(b) 40P is at that time an accredited campaigner.

(3) Where P is an individual—

(a) P commits an offence if P knew or ought reasonably to have known
that the expenses would be incurred in excess of that limit, and

(b) where the responsible person is a different individual, the
responsible person commits an offence if he or she—

(i) authorised the expenses to be incurred by or on behalf of P,
and

(ii) 5knew or ought reasonably to have known that the expenses
would be incurred in excess of that limit.

(4) Where P is a registered party or is a body that is not a registered party—

(a) P commits an offence, and

(b) the responsible person commits an offence if he or she—

(i) 10authorised the expenses to be incurred by or on behalf of P,
and

(ii) knew or ought reasonably to have known that the expenses
would be incurred in excess of that limit.

(5) In proceedings for an offence under this paragraph it is a defence to show
15that—

(a) any code of practice for the time being in force under paragraph 16
(guidance as to meaning of “petition expense”) was complied with in
determining the items and amounts of petition expenses to be
entered in the relevant return under paragraph 1 of Schedule 5
20(reporting requirements), and

(b) the limit imposed by sub-paragraph (1) would not have been
exceeded on the basis of the items and amounts entered in that
return.

(6) A person is taken to have shown the matters specified in sub-paragraph (5)
25if—

(a) sufficient evidence of those matters is adduced to raise an issue with
respect to them, and

(b) the contrary is not proved beyond reasonable doubt.

(7) An offence under this paragraph is an illegal practice.

30Expenses incurred by persons acting in concert

4 (1) This paragraph applies where petition expenses are incurred by or on behalf
of a person in pursuance of a relevant plan.

(2) “Relevant plan” means a plan or other arrangement by which—

(a) petition expenses are to be incurred by or on behalf of the person
35mentioned in sub-paragraph (1), and

(b) petition expenses are to be incurred by or on behalf of one or more
other persons,

with a view to, or otherwise in connection with, promoting or procuring the
success or failure of the recall petition.

(3) 40The expenses mentioned in sub-paragraph (1) are treated for the purposes of
this Part of this Schedule (apart from this paragraph) as also having been
incurred by or on behalf of the other person (or, as the case may be, each of
the other persons) mentioned in sub-paragraph (2)(b).

Expenses incurred before the recall petition period

5 (1) 45This paragraph applies where—

(a) before the beginning of the recall petition period, a petition expense
is incurred by or on behalf of a person in respect of property, services
or facilities, and

(b) the property, services or facilities is or are made use of by or on
5behalf of the person during the recall petition period with a view to,
or otherwise in connection with, promoting or procuring the success
or failure of the recall petition.

(2) The appropriate proportion of the petition expense is treated for the
purposes of this Part of this Schedule as incurred during the recall petition
10period by or on behalf of the person.

(3) The “appropriate proportion” of the expense is such proportion of it as is
reasonably attributable to the use made of the property, services or facilities
as mentioned in sub-paragraph (1)(b).

Notional petition expenses

6 (1) 15This paragraph applies where the following two conditions are met in
relation to a person (“P”).

(2) The first condition is that—

(a) property is transferred to P free of charge or at a discount of more
than 10% of the market value of the property, or

(b) 20property, services or facilities is or are provided for the use or benefit
of P free of charge or at a discount of more than 10% of the
commercial rate for the use of the property or for the provision of the
services or facilities.

(3) The second condition is that the property, services or facilities is or are made
25use of by or on behalf of P—

(a) for a period any part of which falls within the recall petition period,
and

(b) in circumstances such that, if any expenses were to be (or are)
actually incurred by or on behalf of P in respect of that use, they
30would be (or are) petition expenses by virtue of Part 4 of this
Schedule.

(4) Where this paragraph applies—

(a) an amount of expenses determined in accordance with the following
provisions of this paragraph (“the gross notional amount”) is treated
35for the purposes of this Part of this Schedule as incurred by P, and

(b) the appropriate proportion of the gross notional amount is treated
for the purposes of this Part of this Schedule as petition expenses
incurred by P during the recall petition period.

(5) The “appropriate proportion” of the gross notional amount is such
40proportion of that amount as is reasonably attributable to the use made of
the property, services or facilities as mentioned in sub-paragraph (3) during
the recall petition period.

(6) Where sub-paragraph (2)(a) applies, the gross notional amount is such
proportion of either—

(a) 45the market value of the property (where the property is transferred
free of charge), or

(b) the difference between the market value of the property and the
amount of expenses actually incurred by or on behalf of P in respect
of the property (where the property is transferred at a discount),

as is reasonably attributable to the use made of the property as mentioned in
5sub-paragraph (3) during the recall petition period.

(7) Where sub-paragraph (2)(b) applies, the gross notional amount is such
proportion of either—

(a) the commercial rate for the use of the property or the provision of the
services or facilities (where the property, services or facilities is or are
10provided free of charge), or

(b) the difference between that commercial rate and the amount of
expenses actually incurred by or on behalf of P in respect of the use
of the property or the provision of the services or facilities (where the
property, services or facilities is or are provided at a discount),

15as is reasonably attributable to the use made of the property, services or
facilities as mentioned in sub-paragraph (3) during the recall petition period.

(8) Where the services of an employee are made available by his or her
employer for the use or benefit of a person, then for the purposes of this
paragraph the amount that is to be taken as constituting the commercial rate
20for the provision of those services is—

(a) the amount of the remuneration and allowances payable to the
employee by the employer in respect of the period for which the
employee’s services are made available, but

(b) excluding from the amount mentioned in paragraph (a) any amount
25in respect of contributions or other payments for which the employer
is liable in respect of the employee.

(9) Sub-paragraph (4)(b) does not apply if it would (apart from this sub-
paragraph) treat an amount of £50 or less as petition expenses incurred by P
during the recall petition period.

(10) 30In this paragraph a reference to property being transferred to P, or to
property, services or facilities being provided for the use or benefit of P,
includes—

(a) property being transferred to, or property, services or facilities being
provided for the use or benefit of, any officer, member, trustee or
35agent of P in his or her capacity as such, and

(b) property being transferred, or property, services or facilities being
provided, indirectly through a third person.

Petition expenses incurred before becoming an accredited campaigner

7 A reference in this Part of this Schedule to a petition expense incurred
40during the recall petition period by or on behalf of an accredited campaigner
includes—

(a) any petition expense incurred during that period by or on behalf of
a person who is not an accredited campaigner in relation to the recall
petition in question at the time the expense is incurred but who
45subsequently becomes such an accredited campaigner, and

(b) any petition expense treated by virtue of paragraph 5 or 6 as incurred
during that period by or on behalf of a person where that person
becomes an accredited campaigner in relation to the recall petition in
question during that period.

Part 3 Petition expenses of accredited campaigners: general controls

Restriction on incurring petition expenses

8 (1) No petition expenses are to be incurred by or on behalf of an accredited
5campaigner unless they are incurred with the authority of—

(a) the responsible person, or

(b) a person authorised in writing by the responsible person to incur the
expenses.

(2) A person commits an offence if, without reasonable excuse, the person
10incurs an expense in contravention of sub-paragraph (1).

(3) An offence under this paragraph is a corrupt practice.

Restriction on payments in respect of petition expenses

9 (1) No payment may be made in respect of petition expenses incurred, or to be
incurred, by or on behalf of an accredited campaigner unless it is made by—

(a) 15the responsible person, or

(b) a person authorised in writing by the responsible person to make the
payment.

(2) Any payment of £20 or more made in respect of such expenses by a person
within sub-paragraph (1)(a) or (b) must be supported by an invoice or
20receipt.

(3) Where a person within sub-paragraph (1)(b) (“P”) makes a payment
required by sub-paragraph (2) to be supported by an invoice or receipt, P
must, as soon as reasonably practicable after making the payment, deliver to
the responsible person—

(a) 25notification that P has made the payment, and

(b) the supporting invoice or receipt.

(4) A person commits an offence if, without reasonable excuse, the person—

(a) makes a payment in contravention of sub-paragraph (1), or

(b) contravenes sub-paragraph (3).

(5) 30An offence under this paragraph is an illegal practice.

Restrictions on payment of claims in respect of petition expenses

10 (1) A relevant claim is not payable unless it—

(a) is sent to the responsible person or to a person authorised under
paragraph 8 to incur the expenses, and

(b) 35is sent before the end of the period of 21 days beginning with the first
day after the recall petition period.

(2) A relevant claim must be paid before the end of the period of 28 days
beginning with the first day after the recall petition period.

(3) In this Part of this Schedule “relevant claim” means a claim for payment in
40respect of petition expenses incurred during the recall petition period by or
on behalf of an accredited campaigner.

(4) A person commits an offence if, without reasonable excuse, the person—

(a) makes a payment in respect of a relevant claim which by virtue of
sub-paragraph (1) is not payable, or

(b) makes a payment in respect of a relevant claim after the end of the
5period allowed under sub-paragraph (2).

(5) An offence under this paragraph is an illegal practice.

(6) Where the period allowed under sub-paragraph (1)(b) or (2) would, apart
from this sub-paragraph, end on a day that is not a qualifying day, the
period instead ends on the first subsequent day that is a qualifying day.

(7) 10“Qualifying day” means a day that is not—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Good Friday, or

(c) a bank holiday or a day appointed for public thanksgiving or
mourning.

(8) 15For this purpose “bank holiday” means a bank holiday in—

(a) the part of the United Kingdom in which is situated the office of the
person to whom the claim is sent pursuant to sub-paragraph (1), or

(b) the part of the United Kingdom in which the person providing the
property, services or facilities to which the expenses in question
20relate conducts business (or, if that person conducts business in more
than one part of the United Kingdom, the part of the United
Kingdom in which is situated the office from which dealings relating
to the expenses were conducted).

(9) Sub-paragraph (2) does not—

(a) 25affect any right of a creditor of an accredited campaigner to obtain
payment before the end of the period allowed under that sub-
paragraph, or

(b) impose an obligation to pay a relevant claim that is not payable apart
from that sub-paragraph.

30Payment of claims in respect of petition expenses: application for leave to pay late claims

11 (1) An application may be made to the appropriate court for leave for a relevant
claim to be paid although sent to a person mentioned in paragraph 10(1)(a)
after the end of the period allowed under paragraph 10(1)(b); and the
appropriate court, if satisfied that for any special reason it is appropriate to
35do so, may by order grant the leave.

(2) An application under sub-paragraph (1) may be made by—

(a) the person making the claim, or

(b) the person with whose authority the expenses in question were
incurred.

(3) 40In this paragraph “appropriate court” means—

(a) in England and Wales, the High Court or the county court,

(b) in Scotland, the Court of Session or the sheriff, or

(c) in Northern Ireland, the High Court or a county court.

(4) Paragraph 10(1) and (2) do not apply in relation to any sum paid in
45pursuance of the order of leave.