Political Parties Elections and Referendums Bill

Political Parties Elections and Referendums Bill - continued	House of Commons
PART VI, CONTROLS RELATING TO THIRD PARTY NATIONAL ELECTION CAMPAIGNS - continued

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	CHAPTER II
	FINANCIAL CONTROLS
	General restrictions relating to controlled expenditure by recognised third parties
Restriction on incurring controlled expenditure.	83. - (1) No amount of controlled expenditure shall be incurred by or on behalf of a recognised third party unless it is incurred with the authority of-
	(a) the responsible person; or
	(b) a person authorised in writing by the responsible person.
	(2) A person commits an offence if he incurs any expenses in contravention of subsection (1).
Restriction on payments in respect of controlled expenditure.	84. - (1) No payment (of whatever nature) may be made in respect of any controlled expenditure incurred or to be incurred by or on behalf of a recognised third party unless it is made by-
	(a) the responsible person, or
	(b) a person authorised in writing by the responsible person.
	(2) Any payment made in respect of any such expenditure by a person within paragraph (a) or (b) of subsection (1) must be supported by an invoice and a receipt unless it is less than £100.
	(3) Where a person within paragraph (b) of subsection (1) makes a payment to which subsection (2) applies, he must-
	(a) deliver to the responsible person-
	(i) notification that he has made the payment, and
	(ii) the supporting invoice,
	as soon as possible after making the payment, and
	(b) deliver to the responsible person a receipt for the payment as soon as possible after receiving the receipt.
	(4) A person commits an offence if-
	(a) he makes any payment in contravention of subsection (1), or
	(b) without reasonable excuse, he contravenes subsection (3).
Restriction on making claims in respect of controlled expenditure.	85. - (1) A claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party shall not be payable if the claim is not sent, together with the relevant invoice, to-
	(a) the responsible person, or
	(b) any other person authorised under section 83 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) Subsections (6) to (9) of section 70 shall apply for the purposes of this section as if-
	(a) any reference to subsection (1), (2) or (4) of that section were a reference to subsection (1), (2) or (4) above; and
	(b) any reference to campaign expenditure were a reference to controlled expenditure.
Disputed claims.	86. - (1) This section applies where-
	(a) a claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party is sent to-
	(i) the responsible person, or
	(ii) any other person with whose authority it is alleged that the expenditure was incurred,
	within the period allowed under section 85(1); and
	(b) the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 85(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 85(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 controlled expenditure by third parties.	87. - (1) Schedule 9 has effect for imposing, in connection with relevant elections falling within section 72(1), limits on controlled expenditure incurred by or on behalf of recognised third parties in England, Scotland, Wales or Northern Ireland during the periods specified in that Schedule.
	(2) Where during a regulated period any controlled expenditure is incurred in a relevant part of the United Kingdom by or on behalf of a recognised third party in excess of the limit imposed by Schedule 9 in relation to that period and part of the United Kingdom, then-
	(a) if the third party is not an individual-
	(i) the responsible person is guilty of an offence if he authorised the expenditure to be incurred by or on behalf of the third party and he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and
	(ii) the third party is also guilty of an offence;
	(b) if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.
	(3) Subsection (4) applies where-
	(a) during a regulated period any controlled expenditure is incurred in a relevant part of the United Kingdom by or on behalf of a third party in excess of the limit for that part of the United Kingdom mentioned in subsection (5), and
	(b) the third party is not a recognised third party.
	(4) In such a case-
	(a) if the third party is not an individual-
	(i) any person who authorised the expenditure to be incurred by or on behalf of the third party is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and
	(ii) the third party is also guilty of an offence;
	(b) if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.
	(5) The limits referred to in subsection (3) are as follows-
	(a) £10,000 for England; and
	(b) £5,000 for each of Scotland, Wales and Northern Ireland.
	(6) For the purposes of this section and sections 89 and 90-
	(a) a "regulated period" is a period in relation to which any limit is imposed by Schedule 9; and
	(b) a part of the United Kingdom is a "relevant part" if any limit imposed by Schedule 9 applies to controlled expenditure which (within the meaning of that Schedule) is incurred in that part.
	Donations to recognised third parties
Control of donations to recognised third parties.	88. Schedule 10 has effect for controlling donations to recognised third parties other than registered parties.

Prepared 21 December 1999