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

Page 12, line 45, at end insert—

“unless the expenditure relates to legislation before Parliament
during the regulated period”

Page 13, line 19, at end insert—

“(5A)    Before subsection (5) insert—

“( )   Any limit applying to campaign expenditure under this Act where
that expenditure is incurred by or on behalf of third parties in
connection with the production or publication of election material
which is made available to the public at large, or any section of the
public in Wales, shall not include costs incurred by the translation
of those materials from English into Welsh or from Welsh into
English.””

Page 13, line 19, at end insert—

“( )   In subsection 8(a) after “body” insert “(except a body which is a charity)”.”

Page 13, line 20, at end insert—

“(0B)    In section 87 of that Act (expenditure by third parties which is not
controlled expenditure)—

(a)   in subsection (1), omit paragraph (a) and the “or” at the end of it;

(b)   omit subsection (2).”

Page 13, line 23, leave out subsection (8) and insert—

“( )   After subsection (4) insert—

“(4A)    It is a defence for any person or third party charged with an offence
under subsection (2) or (4) to show—

(a)   that any code of practice for the time being issued under
paragraph 2 of Schedule 8A was complied with in
determining whether any expenditure is controlled
expenditure for the purposes of this Part, and

(b)   that the person or third party’s acts or omissions would not
have amounted to an offence on the basis of the controlled
expenditure as determined in accordance with the code.””

Insert the following new Clause—

“Arrangements between third parties notified to the Electoral Commission

(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)   after subsection (3) insert—

“(3A)    For provision requiring certain controlled expenditure to be
disregarded in determining for the purposes of subsection
(3)(a) whether a limit is exceeded, see section 94A(5)
(arrangements between third parties notified to the
Commission).”;

(b)   in subsection (4), for “such a case” substitute “the case mentioned in
subsection (3)”;

(c)   in subsection (5A)—

(i)   after “Subsections (3) to (5)” insert “and section 94A”;

(ii)   for “those subsections” substitute “those provisions”;

(d)   in subsections (8) and (10), after “the purposes of this section” insert
“, section 94A”;

(e)   in subsection (11)(a), after “this section” insert “and section 94A”.

(3)   After section 94 insert—

“94A          Arrangements between third parties notified to the Commission

(1)   A recognised third party (“a lead campaigner”) may, at any time
before the end of a regulated period, send a notice to the
Commission—

(a)   stating that the lead campaigner is party to an arrangement
of the kind mentioned in section 94(6), and

(b)   identifying one or more third parties that—

(i)   are parties to the arrangement, and

(ii)   have agreed to be minor campaigners in relation to
the arrangement.

(2)   A notice under subsection (1)—

(a)   may not identify a third party as a minor campaigner if the
third party is a lead campaigner in relation to the same
arrangement, and

(b)   may not be sent by a recognised Gibraltar third party.

(3)   On receipt of a notice under subsection (1) by the Commission, a
third party identified in the notice becomes “a minor campaigner”
in relation to the arrangement in question.

(4)   Controlled expenditure that is incurred during the regulated period
in a part of the United Kingdom by or on behalf of a minor
campaigner in pursuance of the arrangement is to be treated for the
purposes of section 96 (returns as to controlled expenditure) as
having also been incurred during the period and in the part of the
United Kingdom concerned by or on behalf of the lead campaigner.

(5)   In determining for the purposes of section 94(3)(a) whether a limit
is exceeded by a third party in relation to a regulated period,
controlled expenditure incurred in a part of the United Kingdom is
to be disregarded if conditions A to C are met in relation to the
expenditure.

(6)   Condition A is that the expenditure—

(a)   is incurred in pursuance of an arrangement that has been
notified to the Commission under subsection (1), and

(b)   is, by virtue of section 94(6), treated for the purposes of
section 94 and Schedule 10 as incurred by or on behalf of the
third party.

(7)   Condition B is that the third party is, at the time the expenditure is
incurred, a minor campaigner in relation to the arrangement.

(8)   Condition C is that the total of the controlled expenditure incurred
during the regulated period in the part of the United Kingdom by
or on behalf of the third party (disregarding any expenditure in
relation to which conditions A and B are met) does not exceed the
limit for that part mentioned in section 94(5).

(9)   Section 94(6) applies for the purposes of subsection (8).””

Insert the following new Clause—

“Limits on controlled expenditure—common arrangements

(1)   In section 94(6) of the Political Parties, Elections and Referendums Act 2000
(limits on controlled expenditure by third parties)—

(a)   in paragraph (b) after “other arrangement” insert “(“an
arrangement”)”;

(b)   after the words “section 85(3)” insert “(“common expenditure”)”;

(c)   at the end insert “in pursuance of an arrangement”.

(2)   After subsection (6) insert—

“(6A)    The limits set out in Schedule 10 apply to the total of any common
expenditure on an arrangement.

(6B)   Nothing in subsections (6) and (6A) restricts expenditure by a third
party within the limits set out in Schedule 10 in pursuance of any
matter unrelated to an arrangement and which could not
reasonably be regarded as intended to achieve a purpose common
to an arrangement.””

Page 56, line 35, at end insert—

“(1A)    Nothing in sub-paragraph (1) shall be taken as extending to
communications with committed supporters, who have been
actively involved in the activity of a recognised third party.

(1B)   For the purposes of sub-paragraph (1A) “actively involved”
means those who have made a donation (whether within
purposes of Schedule 11 to PPERA 2000, or not) to the
recognised third party or who have made a direct
communication (whether solicited or otherwise) to the third
party in the past twelve months.”

Page 57, line 9, leave out “other public meetings or events (other than” and insert
“other public events, other than—

(a)   ”

Page 57, line 10, after “party” insert “, or

(b)   any public procession or protest meeting, within the
meaning of the Public Processions (Northern Ireland) Act
1998, in respect of which notice is given in accordance
with section 6 or 7 of that Act (advance notice of public
processions or related protest meetings)”

Page 57, line 14, at end insert—

“But expenses in respect of such events do not include costs
incurred in providing for the protection of persons or
property.”

Page 57, line 14, at end insert—

“1A    (1)   Nothing in paragraph 1 extends to—

(a)   expenses incurred in respect of the publication of any
matter relating to an election, other than an
advertisement, in—

(i)   a newspaper or periodical,

(ii)   a broadcast made by the British Broadcasting
Corporation, by Sianel Pedwar Cymru or by
the Gibraltar Broadcasting Corporation, or

(iii)   a programme included in any service licensed
under Part 1 or 3 of the Broadcasting Act 1990
or Part 1 or 2 of the Broadcasting Act 1996;

(b)   expenses incurred in respect of the translation of
anything from English into Welsh or from Welsh into
English;

(c)   reasonable personal expenses incurred by an
individual in travelling or in providing for the
individual’s accommodation or other personal needs;

(d)   reasonable expenses incurred that are reasonably
attributable to an individual’s disability;

(e)   expenses incurred in respect of the provision by any
individual of the individual’s own services which the
individual provides voluntarily in the individual’s
own time and free of charge.

(2)   In sub-paragraph (1)(d), “disability” has the same meaning as
in the Equality Act 2010 (see section 6 of that Act).”

Page 57, line 14, at end insert—

“Exclusions of background staff costs

1AA Nothing in sub-paragraphs (3) to (5) of paragraph 1 shall be taken as
extending to any expenses incurred in respect of remuneration or
allowances payable to any member of staff (whether permanent or
otherwise) of the third party.”

Page 14, line 42, leave out subsection (1) and insert—

“(1)   Section 94 of the Political Parties, Elections and Referendums Act 2000
(limits on controlled expenditure by third parties) is amended in
accordance with subsections (1A) to (1E).

“(1A)    In subsection (3), for paragraph (a) (but not the “and” after it) substitute—

“(a)   during a regulated period—

(i)   any controlled expenditure is incurred in a part of
the United Kingdom by or on behalf of a third party
in excess of the limit for that part of the United
Kingdom mentioned in subsection (5), or

(ii)   any controlled expenditure is incurred in a
particular parliamentary constituency by or on
behalf of a third party in excess of the limit
mentioned in subsection (5ZA),”.

(1B)   In subsection (5)—

(a)   in the opening words, for “(3)” substitute “(3)(a)(i)”;

(b)   in paragraph (a), for “£10,000” substitute “£20,000”;

(c)   in paragraph (b), for “£5,000” substitute “£10,000.”

(1C)   After subsection (5) insert—

“(5ZA)   The limit referred to in subsection (3)(a)(ii) is 0.05% of the total of
the maximum campaign expenditure limits in England, Scotland,
Wales and Northern Ireland.”

(1D)   In subsection (5A) for “(5)” substitute “(5ZA)”.

(1E)   In subsection (10), omit the “and” at the end of paragraph (c) and after
paragraph (d) insert—

“(e)   the “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 (within the meaning of that paragraph)
by or on behalf of a registered party which contests all the
constituencies in that part (and to which sub-paragraph (6)
of that paragraph does not apply).””

Page 15, line 3, leave out paragraph (a)

Page 15, line 3, leave out from “substitute” to end of line 5 and insert “—

(a)   in relation to England, 2% of the maximum campaign
expenditure limit in England;

(b)   in relation to Scotland, £20,000 plus 2% of the maximum
campaign expenditure limit in Scotland;

(c)   in relation to Wales, £20,000 plus 2% of the maximum
campaign expenditure limit in Wales;

(d)   in relation to Northern Ireland, £20,000 plus 2% of the
maximum campaign expenditure limit in Northern
Ireland.”;”

Page 15, line 6, leave out paragraph (b)

Page 15, line 29, leave out from “(10),” to “insert” in line 30 and insert “after
paragraph (e) (as inserted by section 27)”

Page 15, line 38, leave out from “exceeded” to end of line 41 and insert “0.04% of
the total of the maximum campaign expenditure limits in England, Scotland,
Wales and Northern Ireland;”

Page 16, line 1, leave out paragraph (c)

Page 16, line 22, leave out from “if” to end of line 23 and insert “the expenditure
relates to—

(a)   sending election material falling within paragraph 1 of
Schedule 8A which is addressed to electors (whether
addressed to them by name or intended for delivery to
households within any particular area or areas);

(b)   unsolicited telephone calls falling within paragraph 2 of
Schedule 8A, made to such persons or households, which
may reasonably be regarded as intended to ascertain or
influence their voting intention.

( )   For the purposes of this paragraph, “election material” is defined
as in section 143A.”

Page 16, line 31, leave out “0.05%” and insert “0.1013%”

Page 16, leave out lines 34 to 45

Page 17, leave out lines 16 to 20

Page 17, line 22, leave out “(3C)” and insert “(3B)”

Page 17, line 44, leave out from beginning to end of line 5 on page 18

Page 18, line 7, leave out “(5C)” and insert “(5B)”

Page 18, line 8, leave out paragraph (g)

Page 18, line 18, leave out “(3C)” and insert “(3B)”

Page 18, line 19, leave out “(5C)” and insert “(5B)”

Page 18, leave out lines 33 to 44

Page 19, leave out lines 15 to 26

Page 20, line 13, leave out ““the purposes of this section”” and insert ““section 94A”
(as inserted by section (Arrangements between third parties notified to Electoral
Commission))”

Page 20, line 15, leave out “94” and insert “94A (as inserted by section
(Arrangements between third parties notified to Electoral Commission))”

Page 21, leave out line 19 and insert “meaning given by section 94(10).”

Page 24, line 32, leave out “94B(4)” and insert “94(5ZA), 94B(4) or 96(2)(aa)”

Page 24, line 33, leave out “, (2A) or (2B)” and insert “or (2A)”

Page 24, line 39, at end insert—

“( )   In subsection (2), after paragraph (c) insert—

“(ca)   a body incorporated by Royal Charter which does not fall
within any of those paragraphs of section 54(2),

(cb)   a charitable incorporated organisation within the meaning
of Part 11 of the Charities Act 2011 or within the meaning of
the Charities Act (Northern Ireland) 2008,

(cc)   a Scottish charitable incorporated organisation within the
meaning of Chapter 7 of Part 1 of the Charities and Trustee
Investment (Scotland) Act 2005 (asp 10),

(cd)   a partnership constituted under the law of Scotland which
carries on business in the United Kingdom,”.”

Page 25, line 2, after “(ia)” insert “in the case of a body falling within any of
paragraphs (b) and (d) to (h) of section 54(2),”

Page 25, line 3, at end insert—

“( )   After subsection (3)(c) insert—

“(d)   if given by a body falling within any of paragraphs (ca) to
(cd) of subsection (2), state—

(i)   the relevant details in relation to the body (see
subsection (3C)), and

(ii)   the name of the person or officer who will be
responsible for compliance on the part of the body
with the provisions of Chapter 2,

  and be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.”

( )   In subsection (3A)—

(a)   for “or (c)(ii)” (in both places) substitute “, (c)(ii) or (d)(ii)”;

(b)   after “(3)(c)” insert “or (d)”.”

Page 25, line 5, after “(3B)” insert “For the purposes of subsection (3)(c),”

Page 25, line 27, at end insert—

“(3C)    For the purposes of subsection (3)(d), the “relevant details” in
relation to a body are—

(a)   in the case of a body falling within subsection (2)(ca) (body
incorporated by Royal Charter)—

(i)   the name of the body,

(ii)   the address of its main office in the United Kingdom,
and

(iii)   the names of its officers or the members of its
governing body;

(b)   in the case of a body falling within subsection (2)(cb) or (cc)
(charitable incorporated organisation)—

(i)   the name of the body,

(ii)   the address of its principal office, and

(iii)   the names of its charity trustees within the meaning
of the Charities Act 2011, the Charities Act
(Northern Ireland) 2008 or the Charities and Trustee
Investment (Scotland) Act 2005 (asp 10);

(c)   in the case of a body falling within subsection (2)(cd)
(Scottish partnership)—

(i)   the name of the body,

(ii)   the address of its main office in the United Kingdom,
and

(iii)   the names of the partners.””

Page 25, line 27, at end insert—

“( )   In section 85(7)(c) of that Act (definition of “responsible person”), after
“88(3)(c)(ii)” insert “or (d)(ii)”.”

Page 25, line 34, leave out “Subject to section 95B,”

Page 25, line 36, leave out “qualifying regulated” and insert “pre-dissolution”

Page 25, line 40, leave out “qualifying regulated” and insert “pre-dissolution”

Page 25, line 42, leave out “qualifying regulated” and insert “pre-dissolution”

Page 25, line 43, at end insert—

“( )   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.”

Page 26, line 3, after “elections)” insert “other than a period including the date of
the poll for an early parliamentary general election.

(0A)   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.”

Page 26, line 25, leave out from “recorded” to end of line 27

Page 26, line 27, at end insert—

“( )   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 (5)(b), by the
recognised third party during that period.”

Page 26, leave out lines 28 to 31

Page 26, line 36, leave out from beginning to end of line 32 on page 27

Page 27, line 34, leave out “Subject to section 95D,”

Page 27, line 45, leave out “during a qualifying regulatory period”

Page 27, line 46, after “dissolved” insert “for a parliamentary general election”

Page 28, line 1, leave out from “date” to the end of line 2 and insert “during a
qualifying regulated period which is the date of the poll for that election.”

Page 28, line 7, leave out “general election” and insert “qualifying regulated”

Page 28, line 19, at end insert—

“( )   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.”

Page 28, line 21, leave out from “period”” to end of line 22 and insert “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);”

Page 28, line 28, leave out from beginning to end of line 24 on page 29

Page 30, line 23, leave out “qualifying regulated” and insert “pre-dissolution”

Page 30, line 27, leave out “qualifying regulated” and insert “pre-dissolution”

Page 30, line 33, leave out “qualifying regulated” and insert “pre-dissolution”

Page 30, line 36, leave out “qualifying regulated” and insert “pre-dissolution”

Page 31, line 1, leave out “qualifying regulated” and insert “pre-dissolution”

Page 31, line 25, leave out subsections (3) and (4)

Insert the following new Clause—

“Returns as to controlled expenditure

(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, 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 in excess of the
limit for that part mentioned in section 94(5).

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)”.”

Page 60, leave out lines 7 to 9

Page 60, line 22, leave out “qualifying regulated” and insert “pre-dissolution”

Page 60, line 30, leave out “qualifying regulated” and insert “pre-dissolution”

Page 60, line 42, leave out “qualifying regulated” and insert “pre-dissolution”

Page 60, line 43, leave out “qualifying regulated” and insert “pre-dissolution”

Page 60, line 44, leave out “qualifying regulated” and insert “pre-dissolution”

Page 61, leave out lines 37 to 40

Page 62, line 6, leave out from “period” to end of line 8

[Renumbered as Amendment 119A]

Page 33, line 28, leave out from “must” to end of line 31 and insert “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.”

Page 34, line 13, leave out from “satisfied” to end of line 18 and insert—

“( )   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”

Page 34, line 19, leave out “(or, on publication, will be)” and insert “, or will be,”

Page 34, line 20, at end insert—

“( )   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.”

Page 34, line 46, leave out from beginning to end of line 13 on page 35 and 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.””

Page 35, line 17, leave out “or (2B)”

Page 35, line 43, leave out “a return is delivered under section 98(2) and”

Page 35, line 46, after “the” insert “relevant section 96”

Page 36, line 2, at end insert—

“(5)   In subsection (4)(a), “the relevant section 96 return” has the
meaning given by section 98(2B).””

Insert the following new Clause—

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

(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).”

Insert the following new Clause—

“Post-election review

(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 Part 2 mentioned in section 42(1) have effect.

(3)   A “Part 6 regulated period” is a regulated period within the meaning given
by section 42(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 Minister may pay to the appointed person such remuneration and
expenses as the Minister may determine.

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

Insert the following new Clause—

“PART 2A

TAX RELIEF ON DONATIONS

Tax relief on donations

(1)   In the Political Parties, Elections and Referendums Act 2000, after section
70 insert—

“70A          Tax relief on donations

Tax relief shall be given, subject to Schedule (Tax relief on donations ),
to individuals who make donations to a registered political party.”