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64 | Page 63, line 22, leave out “member of the House of Commons” and insert “holder |
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| of a relevant elective office unless he is not a member of a registered party and is |
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| |
| (a) | a member of the Scottish Parliament, or |
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| (b) | a member of a local authority in Scotland.” |
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65 | Page 63, line 25, leave out “member of the House of Commons” and insert “holder |
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| of the relevant elective office” |
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66 | Page 63, line 30, leave out “member of the House of Commons” and insert “holder |
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| of a relevant elective office” |
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67 | Page 63, line 31, leave out “House of Commons” and insert “relevant body” |
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68 | Page 63, line 32, leave out “member” and insert “holder of the office” |
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69 | Page 63, line 38, at end insert— |
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| “ (3) | In sub-paragraph (1)(a) a relevant body is— |
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| (a) | if the holder of a relevant elective office is a member of a body |
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| mentioned in paragraphs (a) to (f) of paragraph 1(8), that body; |
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| (b) | if the holder of a relevant elective office is the Mayor of London, |
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| |
| (c) | if the holder of a relevant elective office is an elected mayor |
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| within the meaning of Part 2 of the Local Government Act 2000, |
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| the local authority of which he is the mayor.”” |
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70 | Page 63, line 40, leave out “members of the House of Commons” and insert “the |
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| holders of a relevant elective office” |
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71 | Page 64, line 2, leave out “members” and insert “holders of relevant elective office” |
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72 | Page 64, line 2, at end insert— |
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| “(5) | In subsection (4) references to the holder of a relevant elective office must |
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| be construed in accordance with Schedule 7 to the 2000 Act.” |
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73 | Insert the following new Clause— |
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| (1) | After Part 4 of the 2000 Act insert— |
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| |
| Regulation of loans and related transactions |
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| 71F | Regulated transactions |
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| (1) | In this Part, a reference to a regulated transaction must be construed |
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| in accordance with this section. |
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| (2) | An agreement between a registered party and another person by |
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| which the other person makes a loan of money to the party is a |
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| |
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| |
| | |
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| (3) | An agreement between a registered party and another person by |
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| which the other person provides a credit facility to the party is a |
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| |
| |
| (a) | a registered party and another person (A) enter into a |
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| regulated transaction of a description mentioned in |
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| subsection (2) or (3) or a transaction under which any |
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| property, services or facilities are provided for the use or |
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| benefit of the party (including the services of any person), |
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| |
| (b) | A also enters into an arrangement whereby another person |
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| (B) gives any form of security (whether real or personal) for |
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| a sum owed to A by the party under the transaction |
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| mentioned in paragraph (a), |
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| | the arrangement is a regulated transaction. |
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| (5) | An agreement or arrangement is also a regulated transaction if— |
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| (a) | the terms of the agreement or arrangement as first entered |
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| into do not constitute a regulated transaction by virtue of |
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| subsection (2), (3) or (4), but |
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| (b) | the terms are subsequently varied in such a way that the |
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| agreement or arrangement becomes a regulated transaction. |
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| (6) | References in subsections (2) and (3) to a registered party include |
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| references to an officer, member, trustee or agent of the party if he |
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| makes the agreement as such. |
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| (7) | References in subsection (4) to a registered party include references |
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| to an officer, member, trustee or agent of the party if the property, |
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| services or facilities are provided to him, or the sum is owed by him, |
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| |
| (8) | Except so far as the contrary intention appears, references to a |
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| registered party in the context of— |
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| (a) | the making of a loan to a registered party, |
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| (b) | the provision of a credit facility to a registered party, or |
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| (c) | a sum being owed by a registered party, |
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| | must, in the case of a party with accounting units, be construed as |
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| references to the central organisation of the party or any of its |
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| |
| (9) | A reference to a connected transaction is a reference to the |
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| transaction mentioned in subsection (4)(b). |
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| (10) | In this section a reference to anything being done by or in relation |
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| to a party or a person includes a reference to its being done directly |
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| or indirectly through a third person. |
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| (11) | A credit facility is an agreement whereby a registered party is |
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| enabled to receive from time to time from another party to the |
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| agreement a loan of money not exceeding such amount (taking |
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| account of any repayments made by the registered party) as is |
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| specified in or determined in accordance with the agreement. |
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| (12) | An agreement or arrangement is not a regulated transaction— |
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| |
| | |
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| (a) | to the extent that in accordance with any enactment a |
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| payment made in pursuance of the agreement or |
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| arrangement falls to be included in a return as to election |
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| expenses in respect of a candidate or candidates at a |
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| |
| (b) | if its value is not more than £200. |
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| (13) | The Secretary of State may, by order, specify circumstances or any |
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| description of circumstances in which an agreement or |
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| arrangement falling within any of subsections (2) to (5) is not a |
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| |
| 71G | Valuation of regulated transaction |
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| (1) | The value of a regulated transaction which is a loan is the value of |
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| the total amount to be lent under the loan agreement. |
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| (2) | The value of a regulated transaction which is a credit facility is the |
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| maximum amount which may be borrowed under the agreement |
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| |
| (3) | The value of a regulated transaction which is an arrangement by |
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| which any form of security is given is the contingent liability under |
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| |
| (4) | For the purposes of subsections (1) and (2), no account is to be taken |
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| of the effect of any provision contained in a loan agreement or an |
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| agreement for a credit facility at the time it is entered into which |
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| enables outstanding interest to be added to any sum for the time |
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| being owed in respect of the loan or credit facility, whether or not |
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| any such interest has been so added. |
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| 71H | Authorised participants |
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| (1) | A registered party must not— |
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| (a) | be a party to a regulated transaction to which any of the |
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| other parties is not an authorised participant; |
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| (b) | derive a benefit in consequence of a connected transaction if |
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| any of the parties to that transaction is not an authorised |
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| |
| (2) | This section does not apply to a regulated transaction if it was |
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| entered into before the commencement of section (Regulation of |
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| loans etc) of the Electoral Administration Act 2006. |
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| (3) | In this Part, an authorised participant is a person who is a |
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| permissible donor within the meaning of section 54(2). |
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| (4) | The Secretary of State may, by order, specify circumstances or any |
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| description of circumstances in which a person who is not a |
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| permissible donor is to be treated as an authorised participant. |
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| 71I | Regulated transaction involving unauthorised participant |
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| (1) | This section applies if a registered party is a party to a regulated |
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| transaction in which another participant is not an authorised |
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| |
| (2) | The transaction is void. |
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| (3) | Despite subsection (2)— |
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| |
| | |
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| (a) | any money received by the registered party by virtue of the |
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| transaction must be repaid by the treasurer of the party to |
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| the person from whom it was received, along with interest |
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| at such rate as is determined in accordance with an order |
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| made by the Secretary of State; |
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| (b) | that person is entitled to recover the money, along with such |
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| |
| |
| (a) | the money is not (for whatever reason) repaid as mentioned |
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| |
| (b) | the person entitled to recover the money refuses or fails to |
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| |
| | the Commission may apply to the court to make such order as it |
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| thinks fit to restore (so far as is possible) the parties to the |
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| transaction to the position they would have been in if the |
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| transaction had not been entered into. |
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| (5) | An order under subsection (4) may in particular— |
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| (a) | where the transaction is a loan or credit facility, require that |
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| any amount owed by the registered party be repaid (and |
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| that no further sums be advanced under it); |
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| (b) | where any form of security is given for a sum owed under |
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| the transaction, require that security to be discharged. |
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| (6) | In the case of a regulated transaction where a party other than a |
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| |
| (a) | at the time the registered party enters into the transaction, is |
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| an authorised participant, but |
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| (b) | subsequently, for whatever reason, ceases to be an |
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| |
| | the transaction is void and subsections (3) to (5) apply with effect |
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| from the time when the other party ceased to be an authorised |
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| |
| (7) | This section does not apply to a regulated transaction if it was |
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| entered into before the commencement of section (Regulation of |
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| loans etc) of the Electoral Administration Act 2006. |
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| 71J | Guarantees and securities: unauthorised participants |
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| (1) | This section applies if— |
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| (a) | a registered party and another person (A) enter into a |
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| transaction of a description mentioned in section 71F(4)(a), |
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| (b) | A is party to a regulated transaction of a description |
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| mentioned in section 71F(4)(b) (“the connected transaction”) |
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| with another person (B), and |
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| (c) | B is not an authorised participant. |
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| (2) | Section 71I(2) to (5) applies to the transaction mentioned in |
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| |
| (3) | The connected transaction is void. |
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| (4) | Subsection (5) applies if (but only if) A is unable to recover from the |
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| party the whole of the money mentioned in section 71I(3)(a) (as |
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| |
| | |
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| applied by subsection (2) above), along with such interest as is there |
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| |
| (5) | Despite subsection (3), A is entitled to recover from B any part of |
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| that money (and such interest) that is not recovered from the party. |
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| (6) | Subsection (5) does not entitle A to recover more than the |
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| contingent liability under the security provided by virtue of the |
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| |
| (7) | In the case of a connected transaction where B— |
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| (a) | at the time A enters into the transaction, is an authorised |
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| |
| (b) | subsequently, for whatever reason, ceases to be an |
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| |
| | subsections (2) to (6) apply with effect from the time when B ceased |
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| to be an authorised participant. |
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| (8) | This section does not apply to a regulated transaction if it was |
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| entered into before the commencement of section (Regulation of |
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| loans etc) of the Electoral Administration Act 2006. |
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| (9) | If the transaction mentioned in section 71F(4)(a) is not a regulated |
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| transaction of a description mentioned in section 71F(2) or (3), |
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| references in this section and section 71I(2) to (5) (as applied by |
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| subsection (2) above) to the repayment or recovery of money must |
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| be construed as references to (as the case may be)— |
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| (a) | the return or recovery of any property provided under the |
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| |
| (b) | to the extent that such property is incapable of being |
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| returned or recovered or its market value has diminished |
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| since the time the transaction was entered into, the |
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| repayment or recovery of the market value at that time, or |
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| (c) | the market value (at that time) of any facilities or services |
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| provided under the transaction. |
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| 71K | Transfer to unauthorised participant invalid |
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| If an authorised participant purports to transfer his interest in a |
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| regulated transaction to a person who is not an authorised |
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| participant the purported transfer is of no effect. |
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| 71L | Offences relating to regulated transactions |
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| (1) | A registered party commits an offence if— |
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| (a) | it enters into a regulated transaction of a description |
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| mentioned in section 71F(2) or (3) in which another |
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| participant is not an authorised participant, and |
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| (b) | an officer of the party knew or ought reasonably to have |
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| known of the matters mentioned in paragraph (a). |
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| (2) | A person commits an offence if— |
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| (a) | he is the treasurer of a registered party, |
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| (b) | the party enters into a regulated transaction of a description |
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| mentioned in section 71F(2) or (3) in which another |
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| participant is not an authorised participant, and |
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| (c) | he knew or ought reasonably to have known of the matters |
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| mentioned in paragraph (b). |
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|
|
| |
| | |
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| (3) | A registered party commits an offence if— |
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| (a) | it enters into a regulated transaction of a description |
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| mentioned in section 71F(2) or (3) in which another |
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| participant is not an authorised participant, |
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| (b) | no officer of the party knew or ought reasonably to have |
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| known that the other participant is not an authorised |
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| |
| (c) | as soon as practicable after knowledge of the matters |
|
| mentioned in paragraph (a) comes to the treasurer of the |
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| party he fails to take all reasonable steps to repay any |
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| money which the party has received by virtue of the |
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| |
| (4) | A person who is the treasurer of a registered party commits an |
|
| |
| (a) | the party enters into a regulated transaction of a description |
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| mentioned in section 71F(2) or (3) in which another |
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| participant is not an authorised participant, |
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| (b) | subsection (2)(c) does not apply to him, and |
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| (c) | as soon as practicable after knowledge of the matters |
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| mentioned in paragraph (a) comes to him he fails to take all |
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| reasonable steps to repay any money which the party has |
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| received by virtue of the transaction. |
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| (5) | A registered party commits an offence if— |
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| (a) | it benefits from or falls to benefit in consequence of a |
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| connected transaction to which any of the parties is not an |
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| authorised participant, and |
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| (b) | an officer of the party knew or ought reasonably to have |
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| known of the matters mentioned in paragraph (a). |
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| (6) | A person commits an offence if— |
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| (a) | he is the treasurer of a registered party, |
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| (b) | the party benefits from or falls to benefit in consequence of |
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| a connected transaction to which any of the parties is not an |
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| authorised participant, and |
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| (c) | he knew or ought reasonably to have known of the matters |
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| mentioned in paragraph (b). |
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| (7) | A registered party commits an offence if— |
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| (a) | it is a party to a transaction of a description mentioned in |
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| |
| (b) | it benefits from or falls to benefit in consequence of a |
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| connected transaction to which any of the parties is not an |
|
| |
| (c) | no officer of the party knew or ought reasonably to have |
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| known of the matters mentioned in paragraphs (a) and (b), |
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| |
| (d) | as soon as practicable after knowledge of the matters |
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| mentioned in paragraphs (a) and (b) comes to the treasurer |
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| of the party he fails to take all reasonable steps to pay to any |
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| person who has provided the party with any benefit in |
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| consequence of the connected transaction the value of the |
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| |
|
|
| |
| | |
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| (8) | A person who is the treasurer of a registered party commits an |
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| |
| (a) | the party is a party to a transaction of a description |
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| mentioned in section 71F(4)(a), |
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| (b) | the party benefits from or falls to benefit in consequence of |
|
| a connected transaction to which any of the parties is not an |
|
| |
| (c) | subsection (6)(c) does not apply to him, and |
|
| (d) | as soon as practicable after knowledge of the matters |
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| mentioned in paragraphs (a) and (b) comes to him he fails to |
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| take all reasonable steps to pay to any person who has |
|
| provided the party with any benefit in consequence of the |
|
| connected transaction the value of the benefit. |
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| (9) | A person commits an offence if he— |
|
| (a) | knowingly enters into, or |
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| (b) | knowingly does any act in furtherance of, |
|
| | any arrangement which facilitates or is likely to facilitate, whether |
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| by means of concealment or disguise or otherwise, the participation |
|
| by a registered party in a regulated transaction with a person other |
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| than an authorised participant. |
|
| (10) | It is a defence for a person charged with an offence under |
|
| subsection (2) to prove that he took all reasonable steps to prevent |
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| the registered party entering the transaction. |
|
| (11) | It is a defence for a person charged with an offence under |
|
| subsection (6) to prove that he took all reasonable steps to prevent |
|
| the registered party benefiting in consequence of the connected |
|
| |
| (12) | A reference to a registered party entering into a regulated |
|
| transaction includes a reference to any circumstances in which the |
|
| terms of a regulated transaction are varied so as to increase the |
|
| amount of money to which the party is entitled in consequence of |
|
| |
| (13) | A reference to a registered party entering into a transaction in |
|
| which another participant is not an authorised participant includes |
|
| a reference to any circumstances in which another party to the |
|
| transaction who is an authorised participant ceases (for whatever |
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| reason) to be an authorised participant. |
|
| (14) | This section does not apply to a transaction which is entered into |
|
| before the commencement of section (Regulation of loans etc) of the |
|
| Electoral Administration Act 2006. |
|
| 71M | Quarterly reports of regulated transactions |
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| (1) | The treasurer of a registered party must, in the case of each year, |
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| prepare a report under this subsection in respect of each of the |
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| |
| |
| |
| |
| |
|