Political Parties Elections and Referendums Bill

Political Parties Elections and Referendums Bill - continued	House of Commons
PART V, CONTROL OF CAMPAIGN EXPENDITURE - continued
General restrictions relating to campaign expenditure - continued

back to previous text


Restriction on making claims in respect of campaign expenditure.	70. - (1) A claim for payment in respect of campaign expenditure incurred by or on behalf of a registered party shall not be payable if the claim is not sent, together with the relevant invoice, to-
	(a) the treasurer or a deputy treasurer of the party, or
	(b) any other person authorised under section 68 to incur the expenditure,
	within the period of 21 days beginning with the date on which the expenditure was incurred.
	(2) Any claim sent in accordance with subsection (1) shall be paid within the period of 30 days beginning with the date mentioned in that subsection.
	(3) A person commits an offence if-
	(a) he pays any claim which by virtue of subsection (1) is not payable, or
	(b) he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
	(4) In the case of any claim to which subsection (1) applies-
	(a) the person making the claim, or
	(b) the person with whose authority the expenditure in question was incurred,
	may apply to the High Court or a county court or, in Scotland, to the Court of Session or the sheriff for leave for the claim to be paid although sent in after the end of the period mentioned in that subsection; and the court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
	(5) Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.
	(6) The jurisdiction conferred by subsection (4) 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 subsection may be appealed to the Court of Session.
	(7) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (4) as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
	(8) Where, in the case of any campaign expenditure, the period allowed under subsection (1) or (2) would (apart from this subsection) end on-
	(a) a Saturday or Sunday or Christmas Eve, Christmas Day, Maundy Thursday or Good Friday,
	(b) a bank holiday, or
	(c) a day appointed for public thanksgiving or mourning,
	the period instead ends on the first day following that day which is not one of those days.
	(9) In subsection (8)(b) "bank holiday" means a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in the part of the United Kingdom-
	(a) in which the person providing the property, services or facilities to which the expenditure relates conducts his business; or
	(b) (if he conducts his business in more than one part of the United Kingdom) in which is situated the office from which dealings relating to the expenditure were conducted.
Disputed claims.	71. - (1) This section applies where-
	(a) a claim for payment in respect of campaign expenditure incurred by or on behalf of a registered party is sent to-
	(i) the treasurer of the party, or
	(ii) any other person with whose authority it is alleged that the expenditure was incurred,
	within the period allowed under section 70(1); and
	(b) the treasurer or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 70(2);
	and the claim is referred to in this section as "the disputed claim".
	(2) The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 70(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
	(3) Where in proceedings in Scotland the defender admits liability but disputes the amount of the claim, the amount due shall be determined in such manner and in accordance with such procedure as is prescribed by Act of Sederunt.
	(4) Subsections (4) to (7) of section 70 shall apply in relation to an application made by the person mentioned in subsection (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim sent in after the period allowed under section 70(1).
	Financial limits
Limits on campaign expenditure.	72. - (1) This section applies to-
	(a) any parliamentary general election,
	(b) any general election to the European Parliament,
	(c) any general election to the Scottish Parliament,
	(d) any ordinary election to the National Assembly for Wales, and
	(e) any general election to the Northern Ireland Assembly.
	(2) Schedule 8 has effect for imposing, in connection with such elections, limits on campaign expenditure incurred by or on behalf of registered parties in England, Scotland, Wales or Northern Ireland during the periods specified in that Schedule.
	(3) A limit imposed by that Schedule applies in relation to a registered party if-
	(a) one or more candidates stand for election in the party's name, or
	(b) the party itself stands for election,
	at the election, or elections, in relation to which the limit is imposed.
	(4) Where, during the period in relation to which any such limit applies in relation to a registered party, any campaign expenditure is incurred by or on behalf of the party in excess of any limit imposed by Schedule 8-
	(a) the treasurer or any deputy treasurer of the party is guilty of an offence if-
	(i) he authorised any campaign expenditure to be incurred by or on behalf of the party, and
	(ii) he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit; and
	(b) the party is also guilty of an offence.
	(5) It shall be a defence for any person or registered party charged with an offence under subsection (4) to show-
	(a) that any code of practice for the time being issued under paragraph 6 of Schedule 7 was complied with in determining the items and amounts of campaign expenditure to be entered in the relevant return under section 73, and
	(b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.
	Returns
Returns as to campaign expenditure.	73. - (1) For the purposes of this section-
	(a) "the relevant campaign period", in relation to any limit imposed by Schedule 8, is the period in relation to which the limit is so imposed; and
	(b) a part of the United Kingdom is a "relevant" part, in relation to any limit imposed by Schedule 8, if the limit applies to campaign expenditure which (within the meaning of that Schedule) is incurred in that part.
	(2) Where-
	(a) any limit imposed by Schedule 8 applies to campaign expenditure incurred by or on behalf of a registered party during the relevant campaign period, and
	(b) that period ends,
	the treasurer of the party shall prepare a return under this section in respect of campaign expenditure incurred by or on behalf of the party during that period in any relevant part or parts of the United Kingdom.
	(3) A return under this section must specify the poll for the election to which section 72 applies (or, as the case may be, the polls for the elections to which that section applies) that took place during the relevant campaign period, and must contain-
	(a) a statement of all payments made in respect of campaign expenditure incurred by or on behalf of the party during the relevant campaign period in the relevant part or parts of the United Kingdom;
	(b) a statement of all disputed claims (within the meaning of section 71) of which the treasurer is aware; and
	(c) a statement of all the unpaid claims (if any) of which the treasurer is aware in respect of which an application has been made, or is about to be made, to a court under section 70(4).
	(4) A return under this section must be accompanied by-
	(a) all invoices and receipts relating to the payments mentioned in subsection (3)(a); and
	(b) in the case of any campaign expenditure treated as incurred by the party by virtue of section 66(1), any declaration falling to be made with respect to that expenditure in accordance with section 66(4).
	(5) Where, however, any payments or claims falling to be dealt with in a return by virtue of subsection (3) have already been dealt with in an earlier return under this section-
	(a) it shall be sufficient for the later return to deal with those payments or claims by specifying overall amounts in respect of them; and
	(b) the requirement imposed by subsection (4) does not apply to any invoices, receipts or declarations which accompanied the earlier return and are specified as such in the later return.
	(6) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
Auditor's report on return.	74. - (1) Where during a relevant campaign period the campaign expenditure incurred by or on behalf of a registered party in the relevant part or parts of the United Kingdom exceeds £250,000, a report must be prepared by a qualified auditor on the return prepared under section 73 in respect of that expenditure.
	(2) The following provisions, namely-
	(a) section 38(6) and (7), and
	(b) section 39,
	shall apply in relation to the appointment of an auditor to prepare a report under subsection (1) or (as the case may be) an auditor so appointed as they apply in relation to an auditor appointed to carry out an audit under section 38 or (as the case may be) an auditor so appointed.
	(3) Subsection (1) of section 73 applies for the purposes of this section as it applies for the purposes of section 73.
Submission of returns to the Commission.	75. - (1) Where-
	(a) any return falls to be prepared under section 73, and
	(b) an auditor's report on it falls to be prepared under section 74(1),
	the treasurer of the party shall deliver the return to the Commission, together with a copy of the auditor's report, within six months of the end of the relevant campaign period.
	(2) In the case of any other return falling to be prepared under section 73, the treasurer of the party shall deliver the return to the Commission within three months of the end of the relevant campaign period.
	(3) Where, after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 70(4) for any claim to be paid, the treasurer of the party in question shall, within seven days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave.
	(4) The treasurer of a registered party commits an offence if he-
	(a) fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies;
	(b) delivers a return which does not comply with the requirements of section 73(3) or (4); or
	(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
Declaration by treasurer as to return under section 73.	76. - (1) Each return under section 73 must, when delivered to the Commission, be accompanied by a declaration which complies with subsection (2) and is signed by the treasurer.
	(2) The declaration must state-
	(a) that the treasurer has examined the return in question;
	(b) that to the best of his knowledge and belief-
	(i) it is a complete and correct return as required by law, and
	(ii) all expenses shown in it as paid have been paid by him or a deputy treasurer of the party or a person authorised under section 69; and
	(c) that he understands that no campaign expenditure relating to the relevant campaign period which is not included in the return may be defrayed except in pursuance of a court order.
	(3) A person commits an offence if-
	(a) he knowingly or recklessly makes a false declaration under this section; or
	(b) subsection (1) is contravened at a time when he is treasurer of the registered party to which the return relates.
Public inspection of returns under section 73.	77. - (1) Where the Commission receive any return under section 73, they shall-
	(a) as soon as reasonably practicable after receiving the return, make a copy of the return, and of any documents accompanying it, available for public inspection; and
	(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.
	(2) At the end of the period of two years beginning with the date when any return or other document mentioned in subsection (1) is received by the Commission-
	(a) they may cause the return or other document to be destroyed; but
	(b) if requested to do so by the treasurer of the party concerned, they shall arrange for the return or other document to be returned to the treasurer.

Prepared 21 December 1999