Recall of MPs Bill (HL Bill 86)

(6) Proceedings on an application under this paragraph to the sheriff are civil
proceedings.

Appeal against order under paragraph 17

18 (1) Sub-paragraphs (2) to (5) apply where an order is made under paragraph 17
5by—

(a) a magistrates’ court, or

(b) a court of summary jurisdiction in Northern Ireland.

(2) The accredited campaigner may, before the end of the period of 30 days
beginning with the day on which the order is made, appeal to the Crown
10Court or, in Northern Ireland, to a county court.

(3) An appeal under sub-paragraph (2) is by way of a rehearing.

(4) The standard of proof in proceedings on an appeal under sub-paragraph (2)
is that applicable to civil proceedings.

(5) The court on hearing an appeal under sub-paragraph (2)—

(a) 15may make such order as it considers appropriate, and

(b) may make an order whether or not proceedings are brought against
any person for an offence connected with the donation.

(6) Where an order is made under paragraph 17 by the sheriff, the accredited
campaigner may appeal against the order to the Court of Session.

20Supplementary provision about orders under paragraph 17 or 18

19 (1) Provision may be made by rules of court—

(a) with respect to applications or appeals under paragraph 17 or 18 to
any court,

(b) for the giving of notice of such applications or appeals to persons
25affected,

(c) for the joinder, or in Scotland sisting, of such persons as parties, or

(d) otherwise in respect of the procedure under those paragraphs before
any court.

(2) Sub-paragraph (1) is without prejudice to the generality of any other power
30to make rules of court.

(3) Any amount forfeited in compliance with an order under paragraph 17 or 18
must be paid into the Consolidated Fund.

(4) Sub-paragraph (3) does not apply—

(a) where the forfeiture was ordered under paragraph 17 by a
35magistrates’ court or a court of summary jurisdiction in Northern
Ireland, before the end of the period of 30 days beginning with the
day on which the order is made;

(b) where the forfeiture was ordered by the sheriff under paragraph 17,
before the end of any period within which, in accordance with rules
40of court, any appeal under paragraph 18(6) must be made;

(c) where an appeal is made under paragraph 18, before the appeal is
determined or otherwise disposed of.

(5) Where the accredited campaigner is an unincorporated body—

(a) proceedings under paragraph 17 or 18 are to be brought against or
by the body in its own name (and not in that of any of its members),

(b) for the purposes of any such proceedings, any rules of court relating
to the service of documents apply as if the body were a body
5corporate, and

(c) any amount forfeited in accordance with an order under paragraph
17 or 18 is to be paid out of the funds of the body.

Evasion of restrictions on donations

20 (1) A person commits an offence if the person—

(a) 10knowingly enters into an evasion arrangement, or

(b) knowingly does any act in furtherance of an evasion arrangement.

(2) “An evasion arrangement” is any arrangement which facilitates or is likely
to facilitate, whether by means of any concealment or disguise or otherwise,
the making of relevant donations to an accredited campaigner by any person
15other than a permissible donor.

(3) A person commits an offence if the person knowingly gives the responsible
person in relation to an accredited campaigner—

(a) information relating to the amount or value of any relevant donation
made to the accredited campaigner which is false in a material
20particular, or

(b) information relating to the person making such a donation which is
false in a material particular.

(4) A person commits an offence if the person, with intent to deceive, withholds
from the responsible person in relation to an accredited campaigner—

(a) 25material information relating to the amount or value of any relevant
donation made to the accredited campaigner, or

(b) material information relating to the person making such a donation.

(5) A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
30exceeding 12 months or a fine (or both), and

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months or a fine (or both),

(ii) in Scotland, to imprisonment for a term not exceeding 12
35months or a fine not exceeding the statutory maximum (or
both), and

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months or a fine not exceeding the statutory
maximum (or both).

40Further provision about offences under this Schedule

21 (1) The following provisions of PPERA 2000 apply in relation to offences under
this Schedule as they apply in relation to offences under that Act—

(a) section 151 (summary proceedings);

(b) section 152 (offences committed by bodies corporate);

(c) 45section 153 (offences committed by unincorporated associations);

(d) section 154 (court to report convictions to Electoral Commission).

(2) In paragraphs 12(7)(b)(i), 14(6)(b)(i), 15(5)(b)(i) and 20(5)(b)(i)—

(a) the reference to 12 months is to be read as a reference to 6 months in
relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, and

(b) 5the reference to a fine is to be read as a reference to a fine not
exceeding the statutory maximum in relation to an offence
committed before section 85(1) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 comes into force.

Application of defined terms in PPERA 2000

22 10In this Schedule, the following expressions have the same meaning as in
PPERA 2000: “bequest”; “business”; “combined region”; “Gibraltar party”;
“market value”; “property” (see section 160(1) of that Act).

Section 16

SCHEDULE 5 Recall petition returns

15Recall petition returns

1 (1) The responsible person in relation to an accredited campaigner must make
a return, referred to in this Schedule as a “recall petition return”.

(2) The recall petition return must specify the recall petition to which it relates
and—

(a) 20must contain the statements, and be accompanied by the documents,
mentioned in paragraph 2 (statements and accompanying
documents relating to petition expenses),

(b) must, in the case of an accredited campaigner to whom this
paragraph applies—

(i) 25contain the statement mentioned in paragraph 3(1),

(ii) be accompanied, where paragraph 3(2) applies, by the
documents required by that provision, and

(iii) contain the statement mentioned in paragraph 4, and

(c) must be accompanied by the declaration required by paragraph 5
30(declaration of responsible person).

(3) Sub-paragraph (2)(b) applies to an accredited campaigner who—

(a) is not a registered party, or

(b) is a registered party but is a minor party.

(4) The Electoral Commission may by regulations prescribe a form of return
35which may be used for the purposes of this Schedule.

(5) In this Schedule—

• “accredited campaigner” has the same meaning as in Schedule 3 (see
  Part 5 of that Schedule);

• “minor party” and “registered party” have the same meaning as in
  40PPERA 2000 (see section 160(1) of that Act);

• “petition expense” has the same meaning as in Schedule 3 (see Part 4 of
  that Schedule);

Recall of MPs BillPage 53

• “the recall petition period” has the same meaning as in Schedule 3 (see
  paragraph 1(7) of that Schedule);

• “relevant donation” has the same meaning as in Schedule 4 (see Part 1
  of that Schedule);

• 5“responsible person” means the person determined in accordance with
  paragraph 21 of Schedule 3.

Statements and accompanying documents relating to petition expenses

2 (1) The statements required by paragraph 1(2)(a) to be contained in the recall
petition return are—

(a) 10a statement of all payments made in respect of petition expenses
incurred by or on behalf of the accredited campaigner during the
recall petition period, or a statement that there were no such
payments,

(b) a statement of all unpaid claims in respect of which the responsible
15person is aware that an application has been made, or is about to be
made, to a court under paragraph 11 of Schedule 3 (application for
leave to pay out of time), or a statement that the responsible person
is not aware of any such claims, and

(c) a statement of all disputed claims (within the meaning of paragraph
2012 of that Schedule), or a statement that there were no such claims.

(2) Sub-paragraph (1) does not apply to payments made in respect of pre-
accreditation expenses or to claims for the payment of such expenses.

(3) The documents required by paragraph 1(2)(a) to accompany the recall
petition return are—

(a) 25an invoice or receipt in respect of each payment (if any) that is—

(i) included in the statement under sub-paragraph (1)(a), and

(ii) required by paragraph 9(2) of Schedule 3 to be supported by
an invoice or receipt,

(b) a declaration made by the responsible person of all amounts treated
30under paragraph 4 of that Schedule (expenses incurred by persons
acting in concert) as petition expenses incurred by or on behalf of the
accredited campaigner during the recall petition period, or a
declaration that there were no such amounts,

(c) a declaration made by the responsible person of all amounts treated
35under paragraph 6(4)(b) of that Schedule (notional petition
expenses) as petition expenses incurred by the accredited
campaigner during the recall petition period, or a declaration that
there were no such amounts, and

(d) a declaration made by the responsible person of the total amount of
40pre-accreditation expenses, or a declaration that there were no such
expenses.

(4) In this paragraph “pre-accreditation expenses” means—

(a) petition expenses treated as incurred by or on behalf of the
accredited campaigner during the recall petition period by virtue of
45paragraph 5 of Schedule 3 (expenses incurred before recall petition
period), and

(b) petition expenses of the kind referred to in paragraph 7(a) of that
Schedule (expenses incurred during recall petition period but before
accreditation).

Statement and accompanying documents relating to relevant donations accepted

3 (1) The statement required by paragraph 1(2)(b)(i) to be contained in the recall
petition return is—

(a) a statement recording, in relation to each relevant donation accepted
5by the accredited campaigner—

(i) the amount of the donation or, where the donation is not of
money, the nature of the donation and its value (as
determined in accordance with paragraph 5 of Schedule 4),

(ii) the date the donation was accepted by the accredited
10campaigner,

(iii) 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 to PPERA 2000 (reading references in sub-
15paragraphs (3B) and (3C) to the registered party as references
to the accredited campaigner), and

(iv) such other information as may be required by regulations
made by the Minister, or

(b) a statement recording that no relevant donations were accepted by
20the accredited campaigner.

(2) If the information recorded under sub-paragraph (1)(a)(iii) includes a
statement of the kind mentioned in paragraph 2(3B) or (3C) of Schedule 6 to
PPERA 2000 (statement that accredited campaigner has seen evidence of
anonymous entry in electoral register), the return must be accompanied by
25a copy of the evidence referred to in the statement.

(3) Before making regulations under this paragraph the Minister must consult
the Electoral Commission.

(4) Regulations under this paragraph are subject to negative resolution
procedure.

30Statement relating to relevant donations received from impermissible or unidentifiable donors

4 (1) The statement required by paragraph 1(2)(b)(iii) to be contained in the recall
petition return is a statement—

(a) recording the appropriate details in relation to each relevant
donation that the accredited campaigner received but was
35prohibited from accepting by virtue of paragraph 9(a) of Schedule 4
(impermissible donor), or recording that no relevant donations of
that kind were received, and

(b) recording the appropriate details in relation to each relevant
donation that the accredited campaigner received but was
40prohibited from accepting by virtue of paragraph 9(b) of that
Schedule (unidentifiable donor), or recording that no relevant
donations of that kind were received.

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

(a) 45the name and address of the donor,

(b) where 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 (as determined in accordance with paragraph 5 of Schedule
4),

(d) the date the donation was received by the accredited campaigner,

(e) 5the date and manner in which the donation was returned in
accordance with paragraph 14(2) of Schedule 4, and

(f) such other information as may be required by regulations made by
the Minister.

(3) In relation to a relevant donation of the kind mentioned in sub-paragraph
10(1)(b), “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 donation and
its value (as determined in accordance with paragraph 5 of Schedule
154),

(d) the date the donation was received by the accredited campaigner,

(e) the date and manner in which the donation was returned in
accordance with paragraph 15(2) of Schedule 4, and

(f) such other information as may be required by regulations made by
20the Minister.

(4) Before making regulations under this paragraph the Minister must consult
the Electoral Commission.

(5) Regulations under this paragraph are subject to negative resolution
procedure.

25Declaration of responsible person as to return

5 (1) The responsible person must make the following declaration—

(a) that the responsible person has examined the recall petition return,
and

(b) that to the best of the responsible person’s knowledge and belief—

(i) 30it is a complete and correct return as required by law, and

(ii) all expenses shown in it as paid have been paid by the
responsible person or a person authorised by the responsible
person to make the payment.

(2) In the case of an accredited campaigner to whom this sub-paragraph applies,
35the declaration must also state—

(a) that all relevant donations recorded in the return as having been
accepted by the accredited campaigner are from permissible donors
(within the meaning of Schedule 4: see paragraph 6 of that Schedule),
and

(b) 40that no other relevant donations have been accepted by the
accredited campaigner.

(3) Sub-paragraph (2) applies to an accredited campaigner who—

(a) is not a registered party, or

(b) is a registered party but is a minor party.

(4) 45The declaration must be signed by the responsible person.

Delivery of return etc to petition officer and supplementary returns

6 (1) The responsible person must, within 30 days of the end of the recall petition
period, deliver to the petition officer—

(a) the recall petition return, and

(b) 5all documents required by this Schedule to accompany the return.

(2) Where, after the date on which the return is delivered to the petition officer,
leave is granted by a court under paragraph 11 of Schedule 3 (leave for
payment of late claim), the responsible person must, within 7 days of any
payment made in pursuance of the order of leave, deliver to the petition
10officer a supplementary return.

(3) The supplementary return—

(a) must state the amount of the payment, and

(b) must be accompanied by a copy of the court order granting the leave.

Offences relating to return

7 (1) 15The responsible person commits an offence if, without reasonable excuse, he
or she—

(a) fails to deliver a recall petition return in accordance with paragraph
6(1)(a),

(b) delivers a recall petition return to the petition officer that does not
20contain a statement required by paragraph 1(2)(a) or (b),

(c) fails to deliver a document, other than a declaration under paragraph
5, in accordance with paragraph 6(1)(b),

(d) fails to deliver a supplementary return in accordance with paragraph
6(2), or

(e) 25delivers a supplementary return to the petition officer that does not
comply with paragraph 6(3).

(2) An offence under sub-paragraph (1) is an illegal practice.

(3) The responsible person commits an offence if without reasonable excuse, he
or she fails to deliver a declaration under paragraph 5 in accordance with
30paragraph 6(1)(b).

(4) The responsible person commits an offence if he or she delivers a declaration
under paragraph 2(3)(b), (c) or (d) or 5 to the petition officer where—

(a) the declaration is false, and

(b) at the time the responsible person made the declaration, he or she
35knew that it was false, or was reckless as to whether it was false.

(5) An offence under sub-paragraph (3) or (4) is a corrupt practice.

(6) Paragraph 25 of Schedule 3 (which is about offences under that Schedule
which are corrupt or illegal practices) applies to an offence under this
paragraph as it applies to an offence under that Schedule.

40Onward delivery of returns to Electoral Commission

8 The petition officer must, on request, deliver to the Electoral Commission—

(a) a copy of a recall petition return received by the officer;

(b) a copy of a declaration, or other document, received by the officer
accompanying a recall petition return;

(c) a copy of a supplementary return received by the officer;

(d) a copy of a document accompanying such a return and received by
5the officer in accordance with paragraph 6(3)(b).

Inspection of returns and accompanying documents

9 (1) The petition officer must—

(a) as soon as reasonably practicable after receiving—

(i) a recall petition return,

(ii) 10a supplementary return, or

(iii) a declaration,

make the return or declaration available for public inspection at the
officer’s office or other convenient place chosen by the officer;

(b) continue to make the return or declaration available for inspection at
15such a place for the period of 2 years beginning with the date on
which the return is received;

(c) supply a copy of the return or declaration, or of any other document
accompanying the return in accordance with this Schedule, to any
person who—

(i) 20requests it within that period of 2 years, and

(ii) pays such fee as may be prescribed in regulations made by
the Minister.

(2) Where sub-paragraph (1) applies in relation to a recall petition return that
contains a statement mentioned in paragraph 3 or 4 that includes the home
25address of a donor who is an individual, the duties imposed by sub-
paragraph (1) apply in relation to a copy of the statement that does not
include the donor’s home address.

(3) The petition officer must, within 40 days of the end of the recall petition
period—

(a) 30notify the responsible person in relation to each accredited
campaigner of the relevant information, and

(b) publish the relevant information in such manner as the petition
officer thinks fit.

(4) “The relevant information” means the place at which, and times at which,
35recall petition returns, supplementary returns (if any) and declarations are
to be made available for public inspection under sub-paragraph (1).

(5) After the expiry of the 2 year period mentioned in sub-paragraph (1)(b), the
petition officer must—

(a) cause the recall petition return (or, as the case may be, the
40supplementary return), and any declaration or other document
accompanying the return, to be destroyed, or

(b) if the responsible person in relation to the accredited campaigner in
question so requests, cause the return and those documents (or any
of them) to be returned to the responsible person.

(6) 45Regulations under this paragraph are subject to affirmative resolution
procedure.

(7) References in this paragraph to a declaration are to a declaration under
paragraph 2(3)(b), (c) or (d) or 5.

Application of certain provisions of Schedule 3

10 The following provisions of Schedule 3 (regulation of expenditure) apply for
5the purposes of this Schedule as they apply for the purposes of Part 1 of that
Schedule—

(a) paragraph 4 (expenses incurred by persons acting in concert);

(b) paragraph 5 (expenses incurred before the recall petition period);

(c) paragraph 6 (notional petition expenses);

(d) 10paragraph 7 (expenses incurred before becoming an accredited
campaigner).

Section 20

SCHEDULE 6 Minor and consequential amendments

Representation of the People Act 1983 (c. 2)Representation of the People Act 1983 (c. 2)

1 (1) 15Schedule 1 to the Representation of the People Act 1983 (parliamentary
election rules) is amended as follows.

(2) In the form of writ in the Appendix of Forms at the end of that Schedule—

(a) for “[‡ in the place of ]” substitute “[‡]”;

(b) for the note marked “‡” substitute “‡Except in a general election
20insert here (as applicable): “as a result of a successful recall petition
under the Recall of MPs Act 2015” or “in the place of [A.B.],
deceased” or otherwise, stating the cause of vacancy.”

Political Parties, Elections and Referendums Act 2000 (c. 41)Political Parties, Elections and Referendums Act 2000 (c. 41)

2 PPERA 2000 is amended as follows.

3 (1) 25Part 1 (the Electoral Commission) is amended as follows.

(2) In section 5 (reports on elections and referendums)—

(a) in the heading, for “and referendums” substitute “, referendums
etc”;

(b) after subsection (3), insert—

“(4) 30After the end of a recall petition period (within the meaning
of Schedule 3 to the Recall of MPs Act 2015), the Commission
may prepare and publish (in such manner as the Commission
may determine) a report on the actions taken, or not taken,
under or by virtue of that Act in relation to the recall petition
35in question after the giving of the Speaker’s notice under
section 5 of that Act in relation to that petition.”

(3) In section 6 (reviews of electoral and political matters)—

(a) in subsection (1), after paragraph (b) insert—

“(ba) such matters relating to recall petitions as the
40Commission may so determine;”;

(b) in subsection (3), after paragraph (b) insert—

“(ba) how a member of the House of Commons becomes
subject to a recall petition process under sections 1 to
5 of the Recall of MPs Act 2015;”;

(c) 5in subsection (3)(c), for “and (b)” substitute “to (ba)”;

(d) in subsection (4), for “or referendums” (in both places) substitute “,
referendums or recall petitions”.

(4) In section 6A(1) (attendance of representatives of Commission at elections
etc), after paragraph (b) insert—

“(c) 10proceedings relating to a recall petition which are the
responsibility of the petition officer in relation to the
petition.”

(5) In section 6F (code of practice on attendance of observers at elections etc),
after subsection (1) insert—

“(1A) 15The code must also cover the attendance of representatives of the
Commission at proceedings relating to a recall petition which are the
responsibility of the petition officer in relation to the petition.”

(6) In section 7(2) (Commission to be consulted on changes to electoral law),
after paragraph (j) insert—

“(k) 20regulations under section 9(5) or 18 of the Recall of MPs Act
2015 (wording of the recall petition signing sheet and the
conduct of a recall petition etc).”

(7) In section 10(3)(a) (giving of advice and assistance), omit the “and” at the end
of sub-paragraph (iv) and after sub-paragraph (v) insert—

“(vi) 25petition officers in relation to recall petitions, and

(vii) accredited campaigners within the meaning of
Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of
that Schedule);”.

(8) In section 21 (interpretation of Part 1), make the existing provision
30subsection (1) and after that subsection insert—

“(2) In this Part, “petition officer” and “recall petition” have the same
meaning as in the Recall of MPs Act 2015 (see section 22 of that Act).”

(9) In Schedule 1 (the Electoral Commission), in paragraph 3(3)—

(a) in paragraph (b), omit the “or” at the end of sub-paragraph (ii) and
35in sub-paragraph (iii) after “Part VII)” insert “, or

(iv) an accredited campaigner within the
meaning of Schedule 3 to the Recall of MPs
Act 2015 (see Part 5 of that Schedule)”;

(b) in paragraph (c)(iii), after “122” insert “or in a recall petition return
40delivered to a petition officer under paragraph 6 of Schedule 5 to the
Recall of MPs Act 2015”.

4 (1) Part 2 (registration of political parties) is amended as follows.

(2) In section 24 (office-holders to be registered)—

(a) in subsection (4)(b), after “referendums)” insert “and Schedules 3 to
455 to the Recall of MPs Act 2015 (financial controls on recall
petitions)”;