(4) Where this subsection applies, the provision mentioned in subsection (3)(a) or
(b) has effect (and is treated as always having had effect) as if—

(a) it did not impose the limit or limits mentioned in subsection (3), and

(b) instead, it imposed the parliamentary general election limits in relation
5to the transitional period.

(5) In subsection (4) “the parliamentary general election limits” means the limit or
limits that would, but for the provision mentioned in subsection (3)(a) or (b),
have been imposed by paragraph 3 of Schedule 9 or paragraph 3 of Schedule
10 to PPERA 2000 in relation to expenditure incurred in the relevant period for
10the purposes of that paragraph.

(6) In subsection (4) “the transitional period” means the period—

(a) beginning with the day after—

(i) the day on which this Act is passed, or

(ii) if later, the latest day before the date of the poll for the
15parliamentary general election on which there is a poll for a
relevant election, and

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

(7) The Minister may by order made by statutory instrument make provision
disapplying the preceding provisions of this section, and applying alternative
20transitional, transitory or saving provision, where a poll for an extraordinary
general election to the Scottish Parliament, the National Assembly for Wales or
the Northern Ireland Assembly takes place in the period—

(a) beginning with the day after that on which this Act is passed, and

(b) ending with the date of the poll for the next parliamentary general
25election.

(8) A statutory instrument containing an order under subsection (7) may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(9) In this section—

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

• “PPERA 2000” means the Political Parties, Elections and Referendums Act
  2000;

• “relevant election” means—

  (a)

  35a general election to the European Parliament,

  (b)

  an ordinary or extraordinary general election to the Scottish
  Parliament,

  (c)

  an ordinary or extraordinary general election to the National
  Assembly for Wales, or

  (d)

  40an ordinary or extraordinary general election to the Northern
  Ireland Assembly.

43 Extent

(1) Part 1 of this Act extends to the United Kingdom.

(2) Any amendment or repeal made by Part 2 or 3 of this Act has the same extent
45as the enactment amended or repealed.

(3) Part 4 of this Act extends to the United Kingdom and Gibraltar.

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 (1) A person does not, by reason of making a communication, carry on the
business of consultant lobbying if—

(a) the person carries on a business which consists mainly of non-
lobbying activities, and

(b) 10the 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
making, 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) 15are made to any of the persons within sub-paragraph (3).

(3) The persons are—

(a) members of, and office-holders in, government, and

(b) officials and members of staff of government.

(4) For the purposes of this paragraph, “government” includes—

(a) 20Her Majesty’s Government in the United Kingdom,

(b) the Scottish Administration,

(c) the Welsh Assembly Government,

(d) the First Minister, the deputy First Minister, the Northern Ireland
Ministers and any Northern Ireland department,

(e) 25the 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;

(and the references to “the government” in section 2(3)(a) to (d) as applied
30by sub-paragraph (2)(a) are to be read accordingly).

2 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) the income of the person derives wholly or mainly from persons of
35that 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.

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

(a) a sovereign Power other than the United Kingdom, or the
Government of such a Power, or

(b) an international organisation,

5makes communications within section 2(3) on its behalf does not, by reason
of those communications, carry on the business of consultant lobbying.

(2) An “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) 10the United Kingdom, or Her Majesty’s Government in the United
Kingdom, and

(b) at least one other sovereign Power, or the Government of such a
Power,

are members.

(3) 15Regulations may specify other organisations which are to be “international
organisations” for the purposes of this paragraph.

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

In return for payment

4 (1) 20“Payment” includes payment of any kind.

(2) But “payment” does not include any sums payable to a member of either
House of Parliament—

(a) under section 4 or 5 of the Parliamentary Standards Act 2009 (MPs’
salaries and allowances),

(b) 25pursuant to a resolution or a combination of resolutions of the House
of Lords relating to expenses and allowances for its members, or

(c) otherwise out of money provided by Parliament or out of the
Consolidated Fund (whether or not in respect of that membership).

5 (1) Communications may be made “in return for payment” whether the
30payment 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) 35whether a particular payment relates to any particular
communication or communications.

6 (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) 40the income of the person making the communication derives wholly
or 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
person’s employer.

7 References in this Part of this Act to receiving payment to engage in lobbying
5are to be read in accordance with paragraphs 4 to 6.

Communications

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

On behalf of another person

9 10An individual does not make communications on behalf of another person
if the individual is an employee of that person.

Part 3 Positions equivalent to permanent secretary

10 (1) The positions mentioned in section 2(5) are—

(nonenone) 15Cabinet Secretary;

(none) Chief Executive of Her Majesty’s Revenue and Customs;

(none) Chief Medical Officer;

(none) Director of Public Prosecutions;

(none) First Parliamentary Counsel;

(none) 20Government Chief Scientific Adviser;

(none) Head of the Civil Service;

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

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

Section 3

25SCHEDULE 2 The Registrar of Consultant Lobbyists

Status

1 The Registrar is a corporation sole.

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

30Appointment

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) The term of office for which the Registrar is appointed must not be more
35than 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) The Minister may dismiss the Registrar if the Minister is satisfied that the
5Registrar 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) carried on the business of consultant lobbying or was an employee of
10a 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
anything done by the Registrar.

15Remuneration 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) remuneration;

(b) 20allowances;

(c) pension.

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

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

(a) 25for staff to be seconded to the Registrar;

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

(2) The payments that may be made under arrangements under sub-paragraph
(1)(a) include payments to the staff in addition to, or instead of, payments to
the person with whom the arrangements are made.

30Accounts

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

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

(3) 35The Registrar must send a copy of the statement, within a period specified
by the Minister, to the Comptroller and Auditor General.

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

(a) 40examine, certify and report on the statement, and

(b) arrange for a copy of the certified statement and the report to be laid
before 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.

5Funding

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 10In 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
15General 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—

20“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 25Controlled expenditure: qualifying expenses

Part 1 Qualifying expenses

1 For the purposes of section 85(2) the expenses falling within this
Part of this Schedule are expenses incurred in respect of any of the
30matters set out in the following list.

List of matters

(1) The production or publication of material which is made available
to the public at large or any section of the public (in whatever form
and by whatever means).

(2) Canvassing, or market research seeking views or information
from, members of the public.

(3) Press conferences, or other media events, organised by or on
behalf of the third party.

(4) 5Transport (by any means) of persons to any place or places with a
view to obtaining publicity.

(5) Public rallies or other public meetings or events (other than annual
conferences of the third party).

Part 2 10Supplemental

Guidance by the Commission

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

(2) 15Once the Commission have prepared a draft code under this
paragraph, they shall submit it to the Secretary of State for his
approval.

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

(4) 20Once 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
determined under sub-paragraph (3),

25before 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) If, within the 40-day period, either House resolves not to approve
30the 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
draft laid before Parliament, and

(b) 35the 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) Sub-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) 5if the draft is laid before one House on a day later than the
day 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,

10no account being taken of any period during which Parliament is
dissolved 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.

15Power to amend Part 1

3 (1) The 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
20Commission, or

(b) after 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
252000 insert—

Sections 95A and 95C

“Schedule 11A Requirements of quarterly and weekly donation reports

Part 1 Preliminary

1 (1) In this Schedule—

(a) 30“quarterly report” means a report required to be prepared
under 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
35under section 95C;

(d) “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) References in this Schedule to the value of a donation are to its
5value 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.

Part 2 10Quarterly 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
(reportable donations accepted during reporting period),
15and

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

(2) Where, because of the application of paragraph 2(3B) of Schedule
206 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
the meaning of the Representation of the People Act 1983), the
25quarterly report must be accompanied by that evidence.

Statement relating to reportable donations accepted during reporting period

3 (1) The statement required by paragraph 2(1)(a) to be contained in a
quarterly report is a statement recording—

(a) the appropriate details in relation to each reportable
30donation accepted by the recognised third party during
the reporting period which is of a substantial value in the
context of that period,

(b) the total value of all other reportable donations which are
accepted by the recognised third party during the
35reporting period, and

(c) such other information as may be required by regulations
made by the Commission.

(2) In relation to a reportable donation of the kind mentioned in sub-
paragraph (1)(a), the “appropriate details” means—

(a) 40the information about the donor which is, in connection
with recordable donations to registered parties, required
to be recorded in donation reports by virtue of paragraph
2 of Schedule 6,

(b) where the donation is of money, the amount of the
45donation,