Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill (HL Bill 50)

(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’s entry 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 Registrar 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 considers 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.

23 Power to make further provision

(1) Regulations may make such provision as the Minister considers 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 the 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 considers 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—

• 35“consultant lobbyist” means a person who carries on the business of
  consultant lobbying;

• “employee” means an individual who works under a contract of
  employment;

• to “engage in lobbying” means to make a communication within section
  402(3) on behalf of another person or persons;

• “information notice” means a notice under section 9;

• “the Minister” means the Secretary of State or the Lord President of the
  Council;

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 12

• “payment”, “in return for payment” and references to receiving payment
  are to be read in accordance with paragraphs 6 to 8 of Schedule 1;

• “penalty notice” means a notice under section 16;

• “quarter” means each period of three months beginning with 1 January, 1
  5April, 1 July or 1 October;

• “registered person” means a person entered in the register of consultant
  lobbyists;

• “the Tribunal” means—

  (a)

  the First-tier Tribunal, or

  (b)

  10in any case where it is determined by or under Tribunal
  Procedure Rules that the appeal is to be heard by the Upper
  Tribunal, that Tribunal.

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

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

(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
20by leaving it at that place;

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

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

25Part 2 Non-party campaigning etc

Controlled expenditure

26 Meaning of “controlled expenditure”

(1) Section 85 of the Political Parties, Elections and Referendums Act 2000
30(controlled expenditure by third parties) is amended in accordance with
subsections (2) to (6).

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

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

(b) 35the expenditure can reasonably be regarded as intended to
promote or procure electoral success at any relevant election
for—

(i) one or more particular registered parties,

(ii) one or more registered parties who advocate (or do not
40advocate) particular policies or who otherwise fall
within a particular category of such parties, or

(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
45particular category of candidates.”

(3) Omit subsection (3).

(4) In subsection (4)—

(a) in the opening words, for “(3)” substitute “(2)(b)”;

(b) in paragraph (b)—

(i) 5for “paragraph (a) or (as the case may be) paragraph (b) of that
subsection” substitute “that provision”;

(ii) omit “or (as the case may be) by prejudicing the standing with
the electorate of other parties or candidates”;

(iii) at the end insert “and”;

(c) 10for 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) 15After subsection (4) insert—

“(4A) In determining whether expenditure can reasonably be regarded as
intended to promote or procure electoral success as mentioned in
subsection (2)(b), it is immaterial that it can reasonably be regarded as
intended to achieve any other purpose as well.”

(6) 20In subsection (9), for “subsection (3)” substitute “that subsection”.

(7) Section 94 of that Act (limits on controlled expenditure by third parties) is
amended in accordance with subsections (8) and (9).

(8) After subsection (2) insert—

“(2A) It is a defence for any person or third party charged with an offence
25under subsection (2) to show—

(a) that any code of practice for the time being issued under
paragraph 2 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) 30that the limit would not have been exceeded on the basis of the
items and amounts entered in that return.”

(9) In subsection (6)(b)—

(a) for “in connection with the production or publication of election
material which” substitute “and the expenditure”;

(b) 35for “85(3)” substitute “85(2)(b)”.

(10) In section 143 of that Act (details to appear on election material)—

(a) in subsections (2A) and (2B)—

(i) for “, procuring or enhancing” substitute “or procuring”;

(ii) omit “or standing”;

(b) 40in subsection (11), for the definition of “election material” substitute—

• ““election material” has the meaning given by section
  143A;”.

(11) After section 143 of that Act insert—

“143A Meaning of “election material”

(1) “Election material” means material which can reasonably be regarded
as intended to promote or procure electoral success at any relevant
5election for—

(a) one or more particular registered parties,

(b) 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

(c) 10candidates 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.

(2) For the purposes of subsection (1)—

(a) the reference to electoral success at any relevant election is a
15reference—

(i) in relation to a registered party, to the return at any such
election of candidates standing in the name of the party
or included in a list of candidates submitted by the party
in connection with the election, and

(ii) 20in relation to candidates, to their return at any such
election,

(b) the reference to doing any of the things mentioned in that
subsection includes doing so by prejudicing the electoral
prospects at the election of other parties or candidates, and

(c) 25a 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.

(3) In determining whether material can reasonably be regarded as
intended to promote or procure electoral success as mentioned in
30subsection (1), it is immaterial that it can reasonably be regarded as
intended to achieve any other purpose as well.

(4) In this section—

• “candidate” includes a future candidate, whether identifiable or
  not;

• 35“relevant election” has the same meaning as in Part 2 (see section
  22(5)).”

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

“(ja) paragraph 3 of Schedule 8A,”.

(13) 40Schedule 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) in paragraph (a), for “£10,000” substitute “£5,000”;

(b) 45in paragraph (b), for “£5,000” substitute “£2,000”.

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

(a) in paragraph 3(2), for paragraphs (a) to (d) substitute “2% of the
maximum campaign expenditure limit in that part of the United
5Kingdom.”;

(b) after paragraph 3(3) insert—

“(4) 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
10the relevant period 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).”

28 Constituency limits

(1) Part 6 of the Political Parties, Elections and Referendums Act 2000 (controls
15relating to third party national election campaigns) is amended as follows.

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

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

(b) in subsection (2)—

(i) 20after “part of the United Kingdom” (the first time it occurs)
insert “or a parliamentary constituency”;

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

(c) in subsection (6)—

(i) 25in paragraph (a), after “part of the United Kingdom” insert “or
a particular parliamentary constituency”;

(ii) in 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
30paragraph (d) insert—

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

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

(a) 35in subsection (2), after paragraph (a) insert—

“(aa) a statement listing each constituency (if any) in which
the 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
4011(4C) of Schedule 10 (post-dissolution constituency
limit);

(ab) a statement showing, for each constituency listed under
paragraph (aa), all payments made in respect of
controlled expenditure incurred by or on behalf of the
45third party during that period in that constituency;”;

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

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

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

(5) After paragraph 2 insert—

“Attribution of expenditure to different parliamentary constituencies

(1) For the purposes of this Schedule controlled expenditure incurred by
10or 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) Controlled expenditure whose effects are wholly or substantially
confined to any particular constituencies or constituency—

(a) 15shall be attributed to those constituencies in equal
proportions, or

(b) shall be attributed solely to that constituency,

as the case may be.

(3) For the purposes of sub-paragraph (2), the effects of controlled
20expenditure are wholly or substantially confined to any particular
constituencies or constituency if they have no significant effects in
any other constituency or constituencies.

(4) References in this Schedule to controlled expenditure “in” a
particular constituency are accordingly to controlled expenditure
25which is to be attributed to that constituency in accordance with this
paragraph.”

(6) After paragraph 3(2) insert—

“(2A) The limit applying to controlled expenditure which is incurred by or
on behalf of a recognised third party in the relevant period in any
30particular parliamentary constituency is 0.05% of the total of the
maximum campaign expenditure limits in England, Scotland, Wales
and Northern Ireland.

(2B) The limit applying to controlled expenditure which is incurred by or
on behalf of a recognised third party in the post-dissolution part of
35the 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) After paragraph 3(4) (as inserted by section 27) insert—

“(5) For the purposes of this paragraph, the “post-dissolution part” of the
40relevant 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.”

(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”;

(c) after sub-paragraph (3) insert—

“(3A) 5Subject 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
particular parliamentary constituency is the relevant
proportion of the limit mentioned in paragraph 3(2A).

(3B) 10For this purpose “the relevant proportion” means—

(3C) The limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party in the
post-dissolution part of the relevant period in any particular
parliamentary constituency is the limit mentioned in
20paragraph 3(2B).”;

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

(e) after sub-paragraph (5) insert—

“(5A) Where two parliamentary general elections are pending
25during different parts of any such period as is mentioned in
sub-paragraph (2)—

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

(b) the limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party
in the second relevant period in any particular
35parliamentary constituency is the relevant proportion
of the limit mentioned in paragraph 3(2A).

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

(5C) Where two parliamentary general elections are pending
45during 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
recognised third party in the post-dissolution part of the first
or second relevant period in any particular parliamentary
5constituency 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) after sub-paragraph (7) insert—

“(8) For the purposes of this paragraph, “the post-dissolution
10part” of any 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.”

(9) 15In 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) after “9(3)” insert “to (3C)”;

(iii) after “9(5)” insert “to (5C);

(b) 20in 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
incurred by or on behalf of the recognised third party during
the combined period in any particular parliamentary
25constituency is the relevant proportion of the limit
mentioned in paragraph 3(2A).

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

(3C) The limit applying to controlled expenditure which is
incurred by or on behalf of the recognised third party in the
35post-dissolution part of the combined period in any
particular parliamentary constituency is the limit mentioned
in paragraph 3(2B).”;

(d) after sub-paragraph (4) insert—

“(4A) For the purposes of this paragraph, “the post-dissolution
40part” 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.”

(10) 45In 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) in sub-paragraph (2), for “limit” (in both places) substitute “limits”;

(c) after sub-paragraph (4) insert—

“(4A) The limit applying to controlled expenditure which is
5incurred 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).

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

10

(4C) 15The 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) 20after sub-paragraph (5) insert—

“(5A) 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) 25ending with the date of the poll for the parliamentary
general election.”

29 Targeted expenditure limits

(1) Part 5 of the Political Parties, Elections and Referendums Act 2000 (control of
campaign expenditure) is amended in accordance with subsections (2) and (3).

(2) 30In section 79 (limits on campaign expenditure), after subsection (3) insert—

“(3A) See 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
35subsection (2), and

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

(3) 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) 40in the case of any campaign expenditure treated as incurred by
the 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).”