Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill (HL Bill 73)
SCHEDULE 3 continued
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 60
(a)
the Secretary of State shall issue the code in the form of the
draft laid before Parliament, and
(b)
the code shall come into force on such date as the Secretary
of State may by order appoint,
5and 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,
10means—
(a)
if 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
15day on which the draft is laid before each House,
no 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
20code.
Power to amend Part 1
5
(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)
25where the order gives effect to a recommendation of the
Commission, or
(b) after consultation with the Commission.”
Section 33
SCHEDULE 4 Requirements of quarterly and weekly donation reports
30After Schedule 11 to the Political Parties, Elections and Referendums Act
2000 insert—
Sections 95A and 95B
“Schedule 11A Requirements of quarterly and weekly donation reports
Part 1 Preliminary
1 (1) 35In this Schedule—
(a)
“quarterly report” means a report required to be prepared
under section 95A;
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration BillPage 61
(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
under section 95B;
(d)
5“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 95B
in respect of which the report is made.
(2)
10References in this Schedule to the value of a donation are to its
value 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.
15Part 2 Quarterly 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
20(reportable donations accepted during reporting period),
and
(b)
must contain the statement mentioned in paragraph 5
(reportable donations from impermissible or
unidentifiable donors dealt with during reporting period).
(2)
25Where, because of the application of paragraph 2(3B) of Schedule
6 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
30the meaning of the Representation of the People Act 1983), the
quarterly 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)
35the appropriate details in relation to each reportable
donation 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
40accepted by the recognised third party during the
reporting 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-
45paragraph (1)(a), the “appropriate details” means—
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(a)
the 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)
5where the donation is of money, the amount of the
donation,
(c)
where the donation is not of money, the nature of the
donation and its value,
(d)
the date the donation was accepted by the recognised third
10party, and
(e)
such other information as may be required by regulations
made by the Commission.
4
(1)
For the purposes of paragraph 3(1)(a), a reportable donation is of
a substantial value in the context of a reporting period (“the
15reporting period”) if—
(a)
in a case where there are no reportable donations made by
the donor which have been recordable in any previous
relevant quarterly report, condition A is met;
(b) in any other case, condition B is met.
(2) 20Condition A is met if—
(a) the value of the donation is more than £7,500, or
(b)
its value, when added to the value of all other reportable
donations (if any) made by the same donor which are
accepted by the recognised third party in the relevant pre-
25dissolution period, is more than £7,500.
(3) Condition B is met if—
(a) the value of the donation is more than £1,500, or
(b)
its value, when added to the value of all other reportable
donations (if any) made by the same donor which fall
30within sub-paragraph (4), is more than £1,500.
(4) A reportable donation falls within this sub-paragraph if—
(a)
it is accepted by the recognised third party in the relevant
pre-dissolution period, and
(b)
it was not recordable in any previous relevant quarterly
35report.
(5)
If a reportable donation which is aggregated under sub-paragraph
(2)(b) or (3)(b) was accepted by the recognised third party in a
previous reporting period, the donation is to be treated for the
purposes of paragraph 3(1)(a) as accepted by the third party
40during the reporting period.
(6)
For the purposes of this paragraph a donation is “recordable in
any previous relevant quarterly report” if details of the donation
were required to be recorded under paragraph 3(1)(a) in any
previous quarterly report in relation to the recognised third party
45in the case of the relevant pre-dissolution period.
(7)
In this paragraph, “the relevant pre-dissolution period” means the
pre-dissolution period (within the meaning of section 95A) within
which the reporting period falls.
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Statement of reportable donations dealt with during reporting period
5
(1)
The statement required by paragraph 2(1)(b) to be contained in a
quarterly report is a statement recording the appropriate details in
relation to each reportable donation which—
(a)
5the recognised third party is prohibited from accepting by
virtue of—
(i) paragraph 6(1)(a) of Schedule 11, or
(ii) paragraph 6(1)(b) of that Schedule, and
(b)
is dealt with by the recognised third party during the
10reporting period in accordance with section 56(2).
(2)
In relation to a reportable donation of the kind mentioned in sub-
paragraph (1)(a)(i), the “appropriate details” means—
(a) the name and address of the donor,
(b)
where the donation is of money, the amount of the
15donation,
(c)
where the donation is not of money, the nature of the
donation and its value,
(d)
the date the donation was received by the recognised third
party,
(e)
20the date and manner in which the donation was dealt with
in accordance with section 56(2)(a), and
(f)
such other information as may be required by regulations
made by the Commission.
(3)
In relation to a reportable donation of the kind mentioned in sub-
25paragraph (1)(a)(ii), the “appropriate details” means—
(a) details of the manner in which the donation was made,
(b)
where the donation is of money, the amount of the
donation,
(c)
where the donation is not of money, the nature of the
30donation and its value,
(d)
the date the donation was received by the recognised third
party,
(e)
the date and manner in which the donation was dealt with
in accordance with section 56(2)(b), and
(f)
35such other information as may be required by regulations
made by the Commission.
Supplementary
6
Where reference is made in this Part to a donation being accepted,
or dealt with in accordance with section 56(2), by a recognised
40third party during a reporting period, it is irrelevant whether the
donation was also received by that party in that period.
Part 3 Weekly Reports
7
(1)
A weekly report in respect of a reporting period must contain a
45statement recording the appropriate details in relation to each
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substantial donation received by the recognised third party
during that period.
(2) The “appropriate details” means—
(a)
the information about the donor which is, in connection
5with recordable donations to registered parties, required
to be recorded in donation reports by virtue of paragraph
3 of Schedule 6,
(b)
where the donation is of money, the amount of the
donation,
(c)
10where the donation is not of money, the nature of the
donation and its value,
(d)
the date the donation was received by the recognised third
party, and
(e)
such other information as may be required by regulations
15made by the Commission.”