Political Parties elections and Referendums Bill - continued        House of Commons

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SCHEDULE 13
 
  LIMITS ON REFERENDUM EXPENSES BY PERMITTED PARTICIPANTS
 
Preliminary
     1. In this Schedule "permitted participant", in relation to a referendum to which this Part applies, has the meaning given by section 98(1).
 
 
Limits on referendums held throughout United Kingdom
     2. - (1) This paragraph imposes limits in relation to a referendum falling within section 95(1)(a).
 
      (2) The limit on referendum expenses incurred by or on behalf of a permitted participant during the referendum period in the case of such a referendum is-
 
 
    (a) £5 million in the case of a person or body designated under section 101;
 
    (b) in the case of a registered party falling within section 98(1)(a) but not designated under section 101-
 
      (i) £5 million, if the party's relevant percentage exceeds 30 per cent.,
 
      (ii) £4 million, if the party's relevant percentage is more than 20 per cent. but not more than 30 per cent.,
 
      (iii) £3 million, if the party's relevant percentage is more than 10 per cent. but not more than 20 per cent.,
 
      (iv) £2 million, if the party's relevant percentage is more than 5 per cent. but not more than 10 per cent.,
 
      (ii) £500,000, if the party's relevant percentage is not more than 5 per cent. or if it has no relevant percentage; and
 
    (c) £500,000 for an individual, company or unincorporated association falling within section 98(1)(b) but not designated under section 101.
      (3) For the purposes of this paragraph-
 
 
    (a) a registered party has a relevant percentage in relation to a referendum to which this paragraph applies if, at the last parliamentary general election taking place before the referendum, votes were cast for one or more candidates at the election authorised to use the party's registered name; and
 
    (b) the amount of its relevant percentage is equal to the percentage of the total number of votes cast for all candidates at that election which is represented by the total number of votes cast for the candidate or candidates mentioned in paragraph (a).
      (4) Where at any such general election a candidate was authorised to use the registered name of more than one registered party, then for the purposes of sub-paragraph (3)(b) as it applies in relation to each of those parties, the number of votes cast for the candidate shall be taken to be the total number cast for him divided by the number of parties.
 
      (5) In this paragraph any reference to a parliamentary general election is to one taking place after the passing of this Act.
 
 
Limits on referendums held in particular parts of United Kingdom
     3. - (1) This paragraph imposes limits in relation to a referendum to which this Part applies, other than one falling within section 95(1)(a).
 
      (2) The limit on referendum expenses incurred by or on behalf of a permitted participant during the referendum period in the case of such a referendum is such amount as the Secretary of State may by order prescribe.
 
      (3) Different amounts may be so prescribed for different referendums or different categories of permitted participants.
 
      (4) Before making an order under this paragraph the Secretary of State shall seek, and have regard to, the views of the Commission.
 
      (5) Where the Secretary of State proposes to make such an order otherwise than in accordance with the views of the Commission, he shall on laying a draft of a statutory instrument containing the order before each House of Parliament also lay before each House a statement of his reasons for departing from the views of the Commission.
 
 
 

 
 
 
SCHEDULE 14
 
  CONTROL OF DONATIONS TO PERMITTED PARTICIPANTS
  PART I
 
  INTRODUCTORY
 
Operation and interpretation of Schedule
     1 - (1) This Schedule has effect for controlling donations to permitted participants other than registered parties.
 
      (2) The following provisions have effect for the purposes of this Schedule.
 
      (3) In accordance with sub-paragraph (1) "permitted participant" does not include a permitted participant which is a registered party.
 
      (4) "Relevant donation", in relation to a permitted participant at a referendum, means a donation which is made at any time to a permitted participant for the purpose of meeting referendum expenses.
 
      (5) "Donation" shall be construed in accordance with paragraphs 2 and 3.
 
 
Donations: general rules
     2. - (1) "Donation", in relation to a permitted participant, means (subject to paragraph 3)-
 
 
    (a) any gift to the permitted participant of money or other property;
 
    (b) any money spent (otherwise than by the permitted participant or a person authorised to act on its or his behalf) in paying any expenses incurred directly or indirectly by the permitted participant;
 
    (c) any money lent to the permitted participant otherwise than on commercial terms;
 
    (d) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the permitted participant (including the services of any person);
 
    (e) the provision of any sponsorship in relation to the permitted participant;
 
    (f) in the case of a permitted participant other than an individual, any subscription or other fee paid for affiliation to, or membership of, the permitted participant.
      (2) Any money or other property which is transferred to a permitted participant for a consideration which is less than the value of the money or (as the case may be) the market value of the property shall be regarded as constituting a gift to the permitted participant.
 
      (3) Anything given or transferred to any officer, member or agent of a permitted participant in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the permitted participant (and references to donations received by a permitted participant accordingly include donations so given or transferred).
 
      (4) In this paragraph-
 
 
    (a) any reference to anything being given or transferred to a permitted participant or any other person is a reference to its being given or transferred either directly or indirectly through any third person;
 
    (b) "gift" includes bequest.
 
Payments etc. not to be regarded as donations
     3. - (1) None of the following shall be regarded as a donation-
 
 
    (a) any grant provided out of public funds, other than a grant provided to a designated organisation by virtue of section 103(2);
 
    (b) the provision of any rights conferred on a designated organisation (or persons authorised by a designated organisation) by virtue of section 103(4) and Schedule 11;
 
    (c) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge; or
 
    (d) any interest accruing to a permitted participant in respect of any donation which is dealt with by the permitted participant in accordance with section 49(2)(a) or (b) (as applied by paragraph 6).
      (2) Any donation whose value (as determined in accordance with paragraph 4) is less than £200 shall be disregarded.
 
 
Value of donations
     4. - (1) The value of any donation falling within paragraph 2(1)(a) shall be taken to be the market value of the property in question.
 
      (2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation shall be taken to be the difference between-
 
 
    (a) the value of the money, or the market value of the property, in question, and
 
    (b) the consideration provided by or on behalf of the permitted participant.
      (3) The value of any donation falling within paragraph 2(1)(c) or (d) shall be taken to be the amount representing the difference between-
 
 
    (a) the actual cost (if any) to the permitted participant, and
 
    (b) the cost that would have been incurred by the permitted participant had the loan been made, or the property, services or facilities been provided, on commercial terms.
      (4) The value of any donation falling within paragraph 2(1)(e) shall be taken to be the value in monetary terms of the benefit conferred by the sponsorship in question on the donee; and any such value conferred on the sponsor shall be disregarded.
 
      (5) Where a donation such as is mentioned in sub-paragraph (3) or (4) confers an enduring benefit on the donee over a particular period, the value of the donation-
 
 
    (a) shall be determined at the time when it is made, but
 
    (b) shall be so determined by reference to the total benefit accruing to the donee over that period.
 
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Prepared 18 February 2000