(b) in paragraph (b) after “matter” insert “, or

(c) determining whether to make a declaration or
enforcement order under section 24B or an order under
section 24C”.

5Part 4 Supplementary

44 Financial provision

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under or by virtue
10of this Act, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

45 Commencement

(1) The following provisions of this Act come into force on such day as the
15Minister may appoint by order made by statutory instrument—

(a) Part 1, except as mentioned in subsection (3)(a);

(b) in Part 2—

(i) section 26(11) and (12) (definition of “election material”);

(ii) section 31 (extension of power to vary specified sums);

(iii) 20section 32 (recognised third parties);

(iv) section 36 (third party expenditure in respect of candidates);

(v) section 37 (candidate’s personal expenses not to count for local
election expenses limit in England and Wales);

(vi) section 38 (functions of Electoral Commission with respect to
25compliance);

(c) Part 3, except as mentioned in subsection (3)(c).

(2) An order under subsection (1)—

(a) may appoint different days for different purposes, and

(b) may make transitional, transitory or saving provision.

(3) 30The following provisions of this Act come into force on the day on which the
Act is passed—

(a) any provision of Part 1 which confers power to make regulations, for
the purposes of the exercise of that power;

(b) the provisions of Part 2 not mentioned in subsection (1)(b);

(c) 35section 41, for the purposes of the exercise of the power to make
subordinate legislation conferred by section 24ZB(3) of the Trade Union
and Labour Relations (Consolidation) Act 1992 (which is inserted by
that section);

(d) Part 4.

(4) 40Section 46 contains transitional provision relating to the commencement of the
provisions to which subsection (3)(b) applies.

(5) “The Minister” means—

(a) for the purposes of subsection (1)(a) and (b), the Secretary of State or the
Lord President of the Council;

(b) for the purposes of subsection (1)(c), the Secretary of State.

46 Transitional provision

(1) 5The amendments made by Part 2 which in accordance with section 45(3)(b)
come into force on the day on which this Act is passed have effect only in
relation to—

(a) regulated periods beginning after that day, or

(b) (for the purposes of enactments having effect otherwise than in relation
10to regulated periods) expenditure incurred after that day.

(2) In this section “regulated period” means a period in relation to which any limit
is imposed by—

(a) Schedule 9 to PPERA 2000 (limits on campaign expenditure), or

(b) Schedule 10 to that Act (limits on controlled expenditure),

15(including a period in relation to which a limit is imposed by that Schedule by
virtue of subsection (3)(b) or (5)(b)).

(3) If, apart from this subsection, the day on which this Act is passed would fall
within a period in relation to which one or more limits are imposed by
paragraph 11 of Schedule 9 to PPERA 2000 (limit on campaign expenditure
20where combination of parliamentary election and other election)—

(a) paragraph 11(2) of that Schedule (which disapplies limits and periods
which would otherwise be imposed by paragraph 3 of that Schedule
and substitutes new limits and periods) is of no effect (and is treated as
never having had effect) in relation to the parliamentary general
25election, and

(b) for the purposes of paragraph 3 of that Schedule as it applies by virtue
of paragraph (a), the relevant period is the Schedule 9 transitional
period.

(4) In subsection (3) “the Schedule 9 transitional period” means the period—

(a) 30beginning with 23 May 2014, and

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

(5) If, apart from this subsection, the day on which this Act is passed would fall
within a period in relation to which one or more limits are imposed by
paragraph 11 of Schedule 10 to PPERA 2000 (limit on controlled expenditure
35where combination of parliamentary election and other election)—

(a) paragraph 11(2) of that Schedule (which disapplies limits and periods
which would otherwise be imposed by paragraph 3 of that Schedule
and substitutes new limits and periods) is of no effect (and is treated as
never having had effect) in relation to the parliamentary general
40election, and

(b) for the purposes of paragraph 3 of that Schedule as it applies by virtue
of paragraph (a), the relevant period is the Schedule 10 transitional
period.

(6) In subsection (5) “the Schedule 10 transitional period” means the period—

(a) 45beginning with 19 September 2014, and

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

(7) Subsections (3) and (5) do not apply in the case of a period in relation to which
one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000,
or paragraph 11 of Schedule 10 to that Act, that ends with the date of the poll
for an early parliamentary general election.

(8) 5An “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.

(9) The Minister may by order made by statutory instrument make provision
disapplying the preceding provisions of this section, and applying alternative
10transitional, 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
15election.

(10) A statutory instrument containing an order under subsection (9) may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(11) In this section—

• 20“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)

  25a 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)

  30an ordinary or extraordinary general election to the Northern
  Ireland Assembly.

47 Extent

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

(2) In Part 2 of this Act—

(a) 35section 33(10) to (13) extends to the United Kingdom and Gibraltar, and

(b) section 39 extends to the United Kingdom.

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

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

48 40Short title

This Act may be cited as the Transparency of Lobbying, Non-Party
Campaigning and Trade Union Administration Act 2014.

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.

4 An individual does not carry on the business of consultant lobbying by
reason of making communications as an employee in the course of a
business carried on by the individual’s employer.

20Part 2 Meaning of terms used in section 2(1)

In return for payment

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

(2) But “payment” does not include any sums payable to a member of either
25House 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) 30otherwise out of money provided by Parliament or out of the
Consolidated Fund (whether or not in respect of that membership).

6 (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) 35whether 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
communication or communications.

7 (1) 40But 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 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
5person’s employer.

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

Communications

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

Made on behalf of another

10 (1) Where an individual (“A”) makes a communication in the course of a
business carried on by another person (“B”), the communication is to be
regarded as being made by B as well as by A.

(2) 15Where A is an employee of B, then (whether or not the communication is
made on behalf of a third party) A is not to be regarded as making the
communication on behalf of B.

Part 3 Positions equivalent to permanent secretary

11 (1) 20The 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) Director of Public Prosecutions;

(none) 25First Parliamentary Counsel;

(none) Government 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
30position.

Section 3

SCHEDULE 2 The Registrar of Consultant Lobbyists

Status

1 The Registrar is a corporation sole.

2 35The 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) 5The 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 the term for
which a person is re-appointed must not be more than 3 years.

(5) The Registrar may resign by giving written notice to the Minister.

(6) 10The 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) 15carried 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
20anything 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) 25remuneration;

(b) allowances;

(c) pension.

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

8 (1) 30The 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 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
35the person with whom the arrangements are made.

Accounts

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
40financial 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) After the Registrar has sent a copy of a statement of accounts to the
Comptroller and Auditor General, the Comptroller and Auditor General
5must—

(a) examine, 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) 10the 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.

Funding

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

(2) 15The grants or loans may be subject to conditions (including conditions as to
repayment with or without interest).

Amendment of other enactments

11 In 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—

20“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
General for England and Wales” insert—

“The Registrar of Consultant Lobbyists”.

13 25In 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—

“The Registrar of Consultant Lobbyists”.

Section 26

SCHEDULE 3 30Controlled expenditure: qualifying expenses

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

insert—

Section 85

“Schedule 8A Controlled expenditure: qualifying expenses

Part 1 Qualifying expenses

1 5For the purposes of section 85(2) the expenses falling within this
Part of this Schedule are expenses incurred in respect of any of the
matters set out in the following list.

List of matters

(1) The production or publication of material which is made available
10to 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
15behalf of the third party.

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

(5) Public rallies or other public events, other than—

(a) annual conferences of the third party, or

(b) 20any 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).

25Expenses in respect of such events include costs incurred in
connection with the attendance of persons at such events, the hire
of premises for the purposes of such events or the provision of
goods, services or facilities at them.

2 (1) Nothing in paragraph 1 extends to—

(a) 30expenses 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
35Corporation, 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
5accommodation 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
10individual 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).

Exclusions of background staff costs

3 15Nothing 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) in the direct employ of the third party.

Part 2 20Supplemental

Guidance by the Commission

4 (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) 25Once 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) 30Once 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),

35before 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
40the 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—