(4) A person commits an offence if, without reasonable excuse, the person—

(a) makes a payment in respect of a relevant claim which by virtue of
sub-paragraph (1) is not payable, or

(b) makes a payment in respect of a relevant claim after the end of the
5period allowed under sub-paragraph (2).

(5) An offence under this paragraph is an illegal practice.

(6) Where the period allowed under sub-paragraph (1)(b) or (2) would, apart
from this sub-paragraph, end on a day that is not a qualifying day, the
period instead ends on the first subsequent day that is a qualifying day.

(7) 10“Qualifying day” means a day that is not—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day or Good Friday, or

(c) a bank holiday or a day appointed for public thanksgiving or
mourning.

(8) 15For this purpose “bank holiday” means a bank holiday in—

(a) the part of the United Kingdom in which is situated the office of the
person to whom the claim is sent pursuant to sub-paragraph (1), or

(b) the part of the United Kingdom in which the person providing the
property, services or facilities to which the expenses in question
20relate conducts business (or, if that person conducts business in more
than one part of the United Kingdom, the part of the United
Kingdom in which is situated the office from which dealings relating
to the expenses were conducted).

(9) Sub-paragraph (2) does not—

(a) 25affect any right of a creditor of an accredited campaigner to obtain
payment before the end of the period allowed under that sub-
paragraph, or

(b) impose an obligation to pay a relevant claim that is not payable apart
from that sub-paragraph.

30Payment of claims in respect of petition expenses: application for leave to pay late claims

11 (1) An application may be made to the appropriate court for leave for a relevant
claim to be paid although sent to a person mentioned in paragraph 10(1)(a)
after the end of the period allowed under paragraph 10(1)(b); and the
appropriate court, if satisfied that for any special reason it is appropriate to
35do so, may by order grant the leave.

(2) An application under sub-paragraph (1) may be made by—

(a) the person making the claim, or

(b) the person with whose authority the expenses in question were
incurred.

(3) 40In this paragraph “appropriate court” means—

(a) in England and Wales, the High Court or the county court,

(b) in Scotland, the Court of Session or the sheriff, or

(c) in Northern Ireland, the High Court or a county court.

(4) Paragraph 10(1) and (2) do not apply in relation to any sum paid in
45pursuance of the order of leave.

(5) The jurisdiction conferred by this paragraph on the Court of Session or the
sheriff may be exercised in such manner as is prescribed by Act of Sederunt;
and any order made by the sheriff by virtue of this paragraph may be
appealed to the Court of Session.

(6) 5Article 60 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397S.I. 1980/397
(N.I. 3)) (appeals from county courts) applies in relation to an order of a
county court in Northern Ireland made by virtue of this paragraph as it
applies in relation to any such decree of a county court as is mentioned in
paragraph (1) of that Article.

10Disputed claims

12 (1) A person who makes a disputed claim may bring an action for it; and
paragraph 10(2) does not apply in relation to any sum paid in pursuance of
a judgment or order made by a court in the proceedings.

(2) In this paragraph “disputed claim” means a relevant claim that—

(a) 15is sent as mentioned in paragraph 10(1)(a) and (b), but

(b) is not paid before the end of the period allowed under paragraph
10(2).

(3) A person to whom a disputed claim is sent may make an application to the
appropriate court for leave for it to be paid after the end of the period
20allowed under paragraph 10(2); and the appropriate court, if satisfied that
for any special reason it is appropriate to do so, may by order grant the leave.

(4) In this paragraph “appropriate court” has the same meaning as in paragraph
11.

(5) Paragraph 10(2) does not apply in relation to any sum paid in pursuance of
25an order of leave granted under sub-paragraph (3).

(6) The jurisdiction conferred by sub-paragraph (3) on the Court of Session or
the sheriff may be exercised in such manner as is prescribed by Act of
Sederunt; and any order made by the sheriff by virtue of that sub-paragraph
may be appealed to the Court of Session.

(7) 30Article 60 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397S.I. 1980/397
(N.I. 3)) (appeals from county courts) applies in relation to an order of a
county court in Northern Ireland made by virtue of sub-paragraph (3) as it
applies in relation to any such decree of a county court as is mentioned in
paragraph (1) of that Article.

35Part 4 Meaning of “petition expense”

Meaning of “petition expense”

13 (1) For the purposes of this Schedule an expense is a “petition expense” if—

(a) it is incurred with a view to, or otherwise in connection with,
40promoting or procuring the success or failure of a recall petition,

(b) it is incurred in respect of a matter listed in paragraph 14,

(c) it is not incurred in respect of a matter listed in paragraph 15, and

(d) it is not a relevant personal expense of an individual (“P”) that is paid
by P from P’s own resources and is not reimbursed to P.

(2) For the purposes of sub-paragraph (1)(d) an expense is a “relevant personal
expense” of P if it is incurred in respect of—

(a) 5transport for P (by any means),

(b) accommodation for P, or

(c) other personal needs of P.

List of matters

14 (1) The matters referred to in paragraph 13(1)(b) are as follows.

(2) 10Advertising of any nature (whatever the medium used).

(3) Unsolicited material addressed to persons entitled to sign the recall petition
(whether addressed to them by name or intended for delivery to households
within any particular area).

(4) Transport (by any means) of persons to any place.

(5) 15Public meetings (of any kind).

(6) The services of a responsible person in relation to an accredited campaigner,
or of any other person engaged in connection with promoting or procuring
the success or failure of the recall petition.

(7) Accommodation and administrative costs.

20General exclusions

15 (1) The matters referred to in paragraph 13(1)(c) are as follows.

(2) The publication of any matter, other than an advertisement, relating to the
recall petition in—

(a) a newspaper or periodical,

(b) 25a broadcast made by the British Broadcasting Corporation or by
Sianel Pedwar Cymru, or

(c) 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.

(3) The provision by an individual of his or her own services where the services
are provided voluntarily in his or her own time and free of charge.

(4) The provision by an individual of accommodation which is his or her sole or
main residence if the provision is made free of charge.

(5) 5The provision by an individual of transport if the means of transport was
acquired by him or her principally for his or her personal use and the
provision is made free of charge.

(6) The provision by an individual of computing or printing equipment if the
equipment was acquired by him or her principally for his or her personal use
10and the provision is made free of charge.

Guidance

16 (1) The Electoral Commission (“the Commission”) may prepare, and from time
to time revise, a code of practice giving—

(a) guidance as to the cases or circumstances in which expenses are, or
15are not, within paragraph 13(1)(a);

(b) guidance as to the matters which are, or are not, within paragraph 14
or 15.

(2) Once the Commission have prepared a draft code under this paragraph,
they must submit it to the Minister for approval.

(3) 20The Minister may approve a draft code either without modification or with
such modifications as the Minister may determine.

(4) Once the Minister has approved a draft code, the Minister must lay before
Parliament—

(a) a copy of the draft, incorporating any modifications determined
25under sub-paragraph (3), and

(b) if the draft incorporates any such modifications, a statement of the
Minister’s reasons for making them.

(5) If, within the 40-day period, either House of Parliament resolves not to
approve the draft, neither the Minister nor the Commission are to take any
30further step in relation to the draft code.

(6) If no such resolution is made within the 40-day period—

(a) the Commission must arrange for the code to be published, in such
manner as they think appropriate, and

(b) the code comes into force on such date as the Minister may by
35regulations appoint.

(7) Sub-paragraph (5) does not prevent a new draft code from being laid before
Parliament.

(8) In this paragraph “the 40-day period”, in relation to a draft code, means—

(a) if the draft is laid before the two Houses of Parliament on different
40days, 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.

For that purpose, no account is to be taken of any period during which
Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than 4 days.

(9) In this paragraph references to a draft code include a revised draft code.

5Part 5 Accredited campaigners and responsible persons

Meaning of “accredited campaigner”

17 (1) In this Schedule “accredited campaigner” means a person (“P”) who—

(a) is eligible to be an accredited campaigner (see paragraph 18),

(b) 10has delivered to the petition officer an accreditation notice (see
paragraph 19), and

(c) has delivered to the petition officer a statement, signed by the
individual named under paragraph 19(1)(d), confirming that he or
she is willing to exercise the functions conferred by or by virtue of
15this Act on the responsible person in relation to P.

(2) Sub-paragraph (1)(c) does not apply where—

(a) P is a registered party but is not a minor party, or

(b) P is the individual named under paragraph 19(1)(d).

Eligibility to be an accredited campaigner

18 (1) 20A person is eligible to be an accredited campaigner if the person is any of the
following—

(a) a registered party;

(b) an individual who is resident in the United Kingdom;

(c) an individual who is registered in an electoral register;

(d) 25a company incorporated in the United Kingdom or another member
State that is registered under the Companies Act 2006 and carries on
business in the United Kingdom;

(e) a trade union entered in the list kept under the Trade Union and
Labour Relations (Consolidation) Act 1992 or the Industrial
30Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)S.I. 1992/807 (N.I. 5));

(f) a building society (within the meaning of the Building Societies Act
1986);

(g) a limited liability partnership, registered under the Limited Liability
Partnerships Act 2000, that carries on business in the United
35Kingdom;

(h) a friendly society registered under the Friendly Societies Act 1974, a
registered society within the meaning of the Co-operative and
Community Benefit Societies Act 2014 or a society registered (or
deemed to be registered) under the Industrial and Provident
40Societies Act (Northern Ireland) 1969 (c. 24 (N.I.));

(i) an unincorporated association of two or more persons that is not
within any of the preceding paragraphs but carries on business or
other activities wholly or mainly in the United Kingdom and whose
main office is there.

(2) 45In this paragraph “an electoral register” means—

(a) a register of parliamentary or local government electors maintained
under section 9 of the Representation of the People Act 1983,

(b) a register of relevant citizens of the European Union prepared under
the European Parliamentary Elections (Franchise of Relevant
5Citizens of the Union) Regulations 2001 (S.I. 2001/1184S.I. 2001/1184), or

(c) a register of peers prepared under regulations under section 3 of the
Representation of the People Act 1985.

Accreditation notice

19 (1) In this Part of this Schedule, “accreditation notice”, in relation to a person
10(“P”) who is eligible to be an accredited campaigner, means a notice—

(a) identifying the recall petition to which it relates,

(b) stating whether P proposes to campaign for the success or failure of
the petition,

(c) giving such further information as is required under sub-paragraph
15(3) in relation to P,

(d) naming an individual who is to exercise the functions conferred by
or by virtue of this Act on the responsible person in relation to P, and

(e) signed by a person authorised under sub-paragraph (4) to sign it in
relation to P.

(2) 20Sub-paragraph (1)(d)—

(a) does not apply where P is a registered party but is not a minor party
(see paragraph 21(1));

(b) may be complied with, where P is an individual, by naming P or
another individual;

(c) 25may be complied with by naming the holder of an office.

(3) The further information mentioned in sub-paragraph (1)(c) is as set out in
the following table—

(4) The persons authorised for the purposes of sub-paragraph (1)(e) to sign an
accreditation notice are—

(a) 35where P is an individual, P;

(b) where P is a registered party, the responsible officers of the party
(within the meaning of section 64 of PPERA 2000);

(c) where P is a body other than a registered party, the body’s secretary
or a person who acts in a similar capacity in relation to the body.

40Notice of alteration

20 (1) This paragraph applies if, at any time before the end of the compliance
period, any information which in accordance with this Schedule is contained
in an accreditation notice ceases to be accurate.

(2) The accredited campaigner must, as soon as reasonably practicable after
45becoming aware of the inaccuracy, deliver a notice (“a notice of alteration”)
to the petition officer—

(a) indicating that the accreditation notice has become inaccurate, and

(b) containing a corrected version of the accreditation notice.

(3) References in sub-paragraphs (1) and (2) to an accreditation notice include a
50corrected version of an accreditation notice.

(4) The accredited campaigner commits an offence if the accredited campaigner
fails to deliver a notice of alteration in accordance with sub-paragraph (2).

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

(a) 55in England and Wales, to a fine,

(b) in Scotland, to a fine not exceeding level 5 on the standard scale,

(c) in Northern Ireland, to a fine not exceeding level 5 on the standard
scale.

(6) Where a notice of alteration names a new individual who is to exercise the
5functions conferred by or by virtue of this Act on the responsible person in
relation to the accredited campaigner, it must be accompanied by a
statement, signed by that individual, confirming that he or she is willing to
exercise those functions.

(7) Sub-paragraph (6) does not apply where the new individual named in the
10notice of alteration is the accredited campaigner.

(8) In this paragraph “the compliance period” means the period during which
any provision of —

(a) this Schedule (apart from this paragraph),

(b) Schedule 4 (control of donations to accredited campaigners),

(c) 15Schedule 5 (recall petition returns), or

(d) any order under section 62 of the Electoral Administration Act 2006
(loans),

remains to be complied with on the part of the accredited campaigner.

(9) In sub-paragraph (5)(a), the reference to a fine is to be read as a reference to
20a fine not exceeding level 5 on the standard scale in relation to an offence
committed before section 85(1) of the Legal Aid, Sentencing and Punishment
of Offenders Act 2012 comes into force.

The responsible person

21 (1) If the accredited campaigner is a registered party but is not a minor party,
25the responsible person in relation to the accredited campaigner is the
treasurer of the party.

(2) In any other case, the responsible person in relation to the accredited
campaigner is—

(a) the individual named in the accreditation notice as the person who is
30to exercise the functions conferred by or by virtue of this Act on the
responsible person in relation to the accredited campaigner, or

(b) if a notice of alteration has been delivered which names a new
individual who is to exercise those functions, the individual named
in that notice.

(3) 35But where the individual named as mentioned in sub-paragraph (2)(a) or (b)
is not the accredited campaigner, that named individual is the responsible
person in relation to the accredited campaigner only if—

(a) in a case within sub-paragraph (2)(a), the accreditation notice is
accompanied by the statement required by paragraph 17(1)(c), or

(b) 40in a case within sub-paragraph (2)(b), the notice of alteration is
accompanied by the statement required by paragraph 20(6).

Duty of petition officer to publish information about accredited campaigners

22 (1) The petition officer must, as soon as reasonably practicable after receiving an
accreditation notice under paragraph 17 or a corrected version of an

accreditation notice under paragraph 20, make the information contained in
it available to the public in any way the officer thinks fit.

(2) But the petition officer must not make available to the public the home
address of an accredited campaigner who is an individual.

5Part 6 Final provisions

Power to alter meaning of “petition expense”

23 (1) The Minister may by regulations amend paragraph 14 or 15.

(2) Before making regulations under this paragraph the Minister must consult
10the Electoral Commission.

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

Power to alter certain financial limits

24 (1) The Minister may by regulations amend any of the following provisions so
15as to substitute a different amount for the amount for the time being
mentioned in the provision—

(a) paragraph 2(1) (limit on petition expenditure for person other than
an accredited campaigner);

(b) paragraph 3(1) (limit on petition expenditure for accredited
20campaigner);

(c) paragraph 6(9) (amount at or below which notional petition expense
is to be disregarded);

(d) paragraph 9(2) (amount at or above which petition expense of
accredited campaigner must be supported by invoice or receipt).

(2) 25Before making regulations under this paragraph the Minister must consult
the Electoral Commission.

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

(4) Sub-paragraphs (2) and (3) do not apply where the Minister considers that
30the substitution is expedient in consequence of changes in the value of
money.

Corrupt and illegal practices

25 (1) An offence that is a corrupt practice under this Schedule is treated—

(a) for the purposes of section 168 of the Representation of the People
35Act 1983 (mode of prosecution and penalty for corrupt practices) as
a corrupt practice,

(b) for the purposes of section 173 of that Act (incapacities on conviction
of corrupt or illegal practice) as a corrupt practice,

(c) for the purposes of section 173A of that Act (incapacity to hold public
40or judicial office in Scotland) as a corrupt practice,

(d) for the purposes of section 178 of that Act (prosecution of offences
committed outside the United Kingdom) as an offence under that
Act,

(e) for the purposes of section 179 of that Act (offences by associations)
5as a corrupt practice, and

(f) for the purposes of section 112 of the Electoral Law Act (Northern
Ireland) 1962 (c. 14 (N.I.)) (incapacities on conviction of corrupt or
illegal practice) as a corrupt practice.

(2) An offence that is an illegal practice under this Schedule is treated—

(a) 10for the purposes of section 169 of the Representation of the People
Act 1983 (mode of prosecution and penalty for illegal practices) as an
illegal practice,

(b) for the purposes of section 173 of that Act (incapacities on conviction
of corrupt or illegal practice) as an illegal practice,

(c) 15for the purposes of section 178 of that Act (prosecution of offences
committed outside the United Kingdom) as an offence under that
Act,

(d) for the purposes of section 179 of that Act (offences by associations)
as an illegal practice, and

(e) 20for the purposes of section 112 of the Electoral Law Act (Northern
Ireland) 1962 (c. 14 (N.I.)) (incapacities on conviction of corrupt or
illegal practice) as an illegal practice.

Application of defined terms in PPERA 2000

26 (1) In this Schedule, the following expressions have the same meaning as in
25PPERA 2000: “business”; “market value”; “minor party”; “property”;
“registered party”; “treasurer” (see section 160(1) of that Act).

(2) In the case of references to the treasurer of a registered party, see section
25(7) of that Act (which is inserted by paragraph 4(3) of Schedule 6 to this
Act).

Section 16

30SCHEDULE 4 Control of donations to accredited campaigners

Part 1 Introduction and interpretation

Operation of Schedule and meaning of “accredited campaigner” and “relevant donation” etc

1 (1) 35This Schedule has effect for controlling relevant donations to accredited
campaigners who—

(a) are not registered parties, or

(b) are registered parties but are minor parties.

(2) In this Schedule, “accredited campaigner” has the same meaning as in
40Schedule 3 (see Part 5 of that Schedule) but does not include an accredited
campaigner that is a registered party unless it is a minor party.