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Returns |
| Returns as to controlled expenditure. |
89. - (1) Where-
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(a) during any regulated period any controlled expenditure is incurred by or on behalf of a recognised third party in any relevant part or parts of the United Kingdom, and |
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the responsible person shall prepare a return under this section in respect of the controlled expenditure incurred by or on behalf of the third party during that period in that part or those parts of the United Kingdom.
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(2) A return under this section must specify the poll for the relevant election (or, as the case may be, the polls for the relevant elections) that took place during the regulated period in question, and must contain-
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(a) a statement of all payments made in respect of controlled expenditure incurred by or on behalf of the third party during that period in the relevant part or parts of the United Kingdom; |
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(b) a statement of all disputed claims (within the meaning of section 86) of which the responsible person is aware; |
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(c) a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to a court under section 85(4); and |
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(d) except where the third party is a registered party, a statement of relevant donations received by the third party in respect of the relevant election or elections which complies with the requirements of paragraphs 9 and 10 of Schedule 10. |
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(3) A return under this section must be accompanied by-
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(a) all invoices and receipts relating to the payments mentioned in subsection (2)(a); and |
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(b) in the case of any controlled expenditure treated as incurred by the third party by virtue of section 79, any declaration falling to be made with respect to that expenditure in accordance with section 79(4). |
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(4) Where, however, any payments or claims falling to be dealt with in a return by virtue of subsection (2) have already been dealt with in an earlier return under this section-
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(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 |
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(b) the requirement imposed by subsection (3) does not apply to any invoices, receipts or declarations which accompanied the earlier return and are specified as such in the later return. |
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(5) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
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(6) In this section "relevant donation" has the same meaning as in Schedule 10; and section 87(6) applies for the purposes of this section.
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| Auditor's report on return. |
90. - (1) Where during any regulated period the controlled expenditure incurred by or on behalf of a recognised third 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 89 in respect of that expenditure.
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(2) The following provisions, namely-
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(a) section 38(6) and (7), and |
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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 the appointment of an auditor to carry out an audit under section 38 or (as the case may be) an auditor so appointed.
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(3) Section 87(6) applies for the purposes of this section.
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| Submission of returns to the Commission. |
91. - (1) Where-
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(a) any return falls to be prepared under section 89 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and |
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(b) an auditor's report on it falls to be prepared under section 90(1), |
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the responsible person shall deliver the return to the Commission, together with a copy of the auditor's report, within six months of the end of that period.
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(2) In the case of any other return falling to be prepared under section 89 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, the responsible person shall deliver the return to the Commission within three months of the end of that period.
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(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 85(4) for any claim to be paid, the responsible person 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.
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(4) The responsible person in the case of a recognised third party commits an offence if he-
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(a) fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies; or |
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(b) delivers a return which does not comply with the requirements of section 89(2) or (3); or |
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(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection. |
| Declaration by responsible person as to return under section 89. |
92. - (1) Each return prepared under section 89 in respect of controlled expenditure incurred by or on behalf of a recognised third party must, when delivered to the Commission, be accompanied by a declaration which complies with subsections (2) and (3) and is signed by the responsible person.
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(2) The declaration must state-
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(a) that the responsible person has examined the return in question; |
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(b) that to the best of his knowledge and belief- |
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(i) it is a complete and correct return as required by law, and
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(ii) all expenses shown in it as paid have been paid by him or a person authorised by him; and
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(c) that he understands that no controlled expenditure relating to the relevant campaign period which is not included in the return may be defrayed except in pursuance of a court order. |
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(3) The declaration must also state, in the case of a recognised third party other than a registered party, that-
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(a) all relevant donations recorded in the return as having been accepted by the third party are from permissible donors, and |
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(b) no other relevant donations have been accepted by the third party in respect of the relevant election or elections which took place during the regulated period. |
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(4) A person commits an offence if-
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(a) he knowingly or recklessly makes a false declaration under this section; or |
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(b) subsection (1) is contravened at a time when he is the responsible person in the case of the recognised third party to which the return relates. |
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(5) In this section "relevant donation" has the same meaning as in Schedule 10.
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| Public inspection of returns under section 89. |
93. - (1) Where the Commission receive any return under section 89, they shall-
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(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 |
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(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them. |
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(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-
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(a) they may cause the return or other document to be destroyed; but |
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(b) if requested to do so by the responsible person in the case of the third party concerned, they shall arrange for the return or other document to be returned to that person. |
