06193.26-32

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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71S
Submission of transaction reports to Commission

(1)
A transaction report under section 71M must be delivered to the

Commission by the treasurer of the party in question within the

period of 30 days beginning with the end of the reporting period to

which it relates.

(2)
A transaction report under section 71Q must be delivered to the

Commission by the treasurer of the party in question—

(a)
within the period of 7 days beginning with the end of the

reporting period to which it relates, or

(b)
if that is not possible in the case of any party to which

section 71Q applies by virtue of section 64(5) (as applied by

section 71R), within the period of 7 days beginning with the

first day on which the party has a candidate at the election

in question.

(3)
If a transaction report under section 71M or 71Q states that the

registered party has seen evidence of such description as is

prescribed by the Secretary of State in regulations that an

individual participant has an anonymous entry in the electoral

register (within the meaning of the Representation of the People Act

1983), the report must be accompanied by a copy of the evidence.

(4)
The treasurer of a registered party commits an offence if he fails to

comply with the requirements of subsection (1) or (2) in relation to

a transaction report.

(5)
The treasurer of a registered party also commits an offence if he

delivers a transaction report to the Commission which does not

comply with any requirements of this Part as regards the recording

of transactions, or changes to transactions, in such a report.

(6)
Where a person is charged with an offence under this section, it

shall be a defence to prove that he took all reasonable steps, and

exercised all due diligence, to ensure that any such requirements

were complied with in relation to transactions entered into by the

party, or changes to transactions made, during the relevant

reporting period.

(7)
Where the court is satisfied, on an application made by the

Commission, that any failure to comply with any such

requirements in relation to—

(a)
any transaction entered into by a registered party, or

(b)
any change made to a transaction to which the registered

party is a party,


was attributable to an intention on the part of any person to conceal

the existence or true value of the transaction, the court may make

such order as it thinks fit to restore (so far as is possible) the parties

to the transaction to the position they would have been in if the

transaction had not been entered into.

(8)
An order under subsection (7) may in particular—

(a)
where the transaction is a loan or credit facility, require that

any amount owed by the registered party be repaid (and

that no further sums be advanced under it);

(b)
where any form of security is given for a sum owed under

the transaction, or the transaction is an arrangement by

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which any form of security is given, require that the security

be discharged.

(9)
The reference in subsection (2) to a party having a candidate at an

election must be construed in accordance with section 64(9).

71T
Declaration by treasurer in transaction report

(1)
Each transaction report under section 71M or 71Q must, when

delivered to the Commission, be accompanied by a declaration

made by the treasurer which complies with subsection (2), (3) or (4).

(2)
In the case of a report under section 71M (other than one making a

nil return), the declaration must state that, to the best of the

treasurer’s knowledge and belief—

(a)
all the transactions recorded in the report were entered into

by the party with authorised participants,

(b)
during the reporting period no transaction has been entered

into by the party which is required to be recorded in the

report but is not so recorded,

(c)
during the reporting period no change has been made to a

regulated transaction which is required to be recorded in

the report but is not so recorded, and

(d)
during the reporting period the party has not entered into

any regulated transaction with a person or body other than

an authorised participant.

(3)
For the purposes of subsection (2) a return under section 71M

makes a nil return if it contains such a statement as is mentioned in

subsection (9) of that section and a statement as is mentioned in

subsection (4) of section 71N; and in the case of such a report the

declaration must state that, to the best of the treasurer’s knowledge

and belief—

(a)
those statements are accurate, and

(b)
during the reporting period the party has not entered into

any regulated transaction with a person or body other than

an authorised participant.

(4)
In the case of a report under section 71Q, the declaration must state

that, to the best of the treasurer’s knowledge and belief—

(a)
no transaction has been entered into by the party, or (if

section 71Q(3)(b) applies) by its central organisation, during

the reporting period which is required to be recorded in the

report but is not so recorded, and

(b)
no change has been made to a regulated transaction during

the reporting period which is required to be recorded in the

report but is not so recorded.

(5)
A person commits an offence if he knowingly or recklessly makes a

false declaration under this section.

71U
Weekly donation reports in connection with elections other than

general elections

(1)
The Secretary of State may, after consulting the Commission and all

registered parties, by order make provision for—

(a)
sections 71Q and 71R, together with Schedule 6A,

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(b)
sections 71S and 71T, and

(c)
section 147 so far as applying in relation to section 71S(1) or

(2),


to apply in relation to the specified election period in the case of one

or more relevant elections with such modifications as are specified

in the order.

(2)
In this section “specified election period” and “relevant election”

have the meanings given in section 67.

71V
Register of recordable transactions

(1)
The Commission must maintain a register of all transactions (and

all changes) reported to them under this Part.

(2)
The register must be maintained by the Commission in such form

as they may determine and must contain the following details in the

case of each such transaction—

(a)
the value of the transaction;

(b)
(subject to subsection (3)) such other details as have been

given in relation to the transaction in pursuance of any of

paragraphs 2 to 7 of Schedule 6A;

(c)
the relevant date for the transaction within the meaning of

paragraph 8 of that Schedule.

(3)
The details required by virtue of subsection (2) do not include, in

the case of any transaction entered into by an authorised participant

who is an individual, the individual’s address.

(4)
Where—

(a)
any transaction or transactions is or are reported to the

Commission under this Part, or

(b)
any change or changes is or are so reported to them,


they must cause the details mentioned in subsection (2) to be

entered or, as the case may be, changed in the register in respect of

the transaction or transactions as soon as is reasonably practicable.

71W
Proceedings under sections 71I and 71S

(1)
This section has effect in relation to proceedings on applications

under sections 71I(4) and 71S(7).

(2)
The court is—

(a)
in England and Wales, the county court;

(b)
in Scotland, the sheriff, and the proceedings are civil

proceedings;

(c)
in Northern Ireland, the county court.

(3)
The standard of proof is that applicable to civil proceedings.

(4)
An order may be made whether or not proceedings are brought

against any person for an offence under section 71L, 71S or 71T.

(5)
An appeal against an order made by the sheriff may be made to the

Court of Session.

(6)
Rules of court may make provision—

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(a)
with respect to applications or appeals from proceedings on

such applications;

(b)
for the giving of notice of such applications or appeals to

persons affected;

(c)
for the joinder, or in Scotland sisting, of such persons as

parties;

(d)
generally with respect to procedure in such applications or

appeals.

(7)
Subsection (6) does not affect any existing power to make rules.

71X
Construction of Part 4A

(1)
In this Part—

“authorised participant” must be construed in accordance

with section 71H;

“connected transaction” has the meaning given by section

71F(9);

“credit facility” has the meaning given by section 71F(11);

“regulated transaction” must be construed in accordance with

section 71F.

(2)
For the purposes of any provision relating to the reporting of

transactions, anything required to be done by a registered party in

consequence of its being a party to a regulated transaction must also

be done by it, if it is a party to a transaction of a description

mentioned in section 71F(4)(a), as if it were a party to the connected

transaction.”

(2)
In section 147 of that Act (civil penalty for failure to deliver documents etc),

after subsection (1)(c) insert—

“(ca)
the requirements of section 71S(1) or (2) are not complied

with in relation to any transaction report relating to a

registered party;”.

(3)
In section 149 of that Act (inspection of Commission’s registers etc), after

subsection (1)(b) insert—

“(ba)
section 71V;”.

(4)
In section 156(4) of that Act (provision about subordinate legislation)—

(a)
after paragraph (d) insert—

“(da)
section 71F(13),

(db)
section 71H(4),

(dc)
section 71U(1),”;

(b)
after paragraph (h) insert—

“(ha)
paragraph 9 of Schedule 6A,”.

(5)
After Schedule 6 to that Act (details to be given in donation reports)

insert—

“Schedule 6A

Details to be given in transaction reports

Preliminary

1    (1)
In this Schedule—

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(a)
“quarterly report” means a report required to be

prepared by virtue of section 71M;

(b)
“weekly report” means a report required to be prepared

by virtue of section 71Q;


and “recordable transaction”, in relation to a quarterly or weekly

report, means a transaction required to be recorded in that

report.

      (2)
References in this Schedule to a registered party must, in the case

of a party with accounting units, be read as references to the

central organisation of the party.

Identity of authorised participants: quarterly reports

2    (1)
In relation to each recordable transaction, a quarterly report must

give the following information about each authorised participant

(other than the registered party deriving the benefit of the

transaction) that is required by any of sub-paragraphs (2) to (10).

      (2)
In the case of an individual the report must give his full name

and—

(a)
if his address is, at the date the transaction is entered into,

shown in an electoral register (within the meaning of

section 54), that address, and

(b)
otherwise, his home address (whether in the United

Kingdom or elsewhere).

      (3)
Sub-paragraph (2) applies in the case of an individual who has an

anonymous entry in an electoral register (within the meaning of

the Representation of the People Act 1983) as if for paragraphs (a)

and (b) there were substituted “state that the registered party has

seen evidence of such description as is prescribed by the

Secretary of State in regulations that the individual has an

anonymous entry in an electoral register (within the meaning of

the Representation of the People Act 1983)”.

      (4)
In the case of a company falling within section 54(2)(b) the report

must give—

(a)
the company’s registered name,

(b)
the address of its registered office, and

(c)
the number with which it is registered.

      (5)
In the case of a registered party the report must give—

(a)
the party’s registered name, and

(b)
the address of its registered headquarters.

      (6)
In the case of trade union falling within section 54(2)(d) the

report must give—

(a)
the name of the union, and

(b)
the address of its head or main office,


as shown in the list kept under the Trade Union and Labour

Relations (Consolidation) Act 1992 or the Industrial Relations

(Northern Ireland) Order 1992.

      (7)
In the case of a building society within the meaning of the

Building Societies Act 1986 the report must give—

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(a)
the name of the society, and

(b)
the address of its principal office.

      (8)
In the case of a limited liability partnership falling within section

54(2)(f) the report must give—

(a)
the partnership’s registered name, and

(b)
the address of its registered office.

      (9)
In the case of a friendly or other registered society falling within

section 54(2)(g) the report must give—

(a)
the name of the society, and

(b)
the address of its registered office.

    (10)
In the case of an unincorporated association falling within

section 54(2)(h) the report must give—

(a)
the name of the association, and

(b)
the address of its main office in the United Kingdom.

Identity of authorised participants: weekly reports

3    (1)
In relation to each recordable transaction, a weekly report must

give all such details of the name and address of each authorised

participant (other than the registered party deriving the benefit

from the transaction) as are for the time being known to the

party.

      (2)
In the case of a participant who is an individual having an

anonymous entry in an electoral register (within the meaning of

the Representation of the People Act 1983) instead of giving

details of the address of the individual the party must state that

it has seen evidence of such description as is prescribed by the

Secretary of State in regulations that the individual has such an

entry.

Identity of unauthorised participants

4
In relation to each recordable transaction to which a person who

is not an authorised participant is a party, a quarterly or weekly

report must give—

(a)
the name and address of the person;

(b)
the date when, and the manner in which, the transaction

was dealt with in accordance with subsections (3) to (5) of

section 71I or those subsections as applied by section

71I(6) or 71J(2).

Details of transaction

5    (1)
In relation to each recordable transaction a report must give the

following details about the transaction.

      (2)
A quarterly or weekly report must give the nature of the

transaction (that is to say, whether it is a loan, a credit facility or

an arrangement by which any form of security is given).

      (3)
A quarterly or weekly report must give the value of the

transaction (determined in accordance with section 71G) or, in

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the case of a credit facility or security to which no limit is

specified, a statement to that effect.

      (4)
A quarterly or weekly report must give the relevant date for the

transaction (determined in accordance with paragraph 8).

      (5)
If the requirement to record the transaction arises only because

the value of the transaction has, for the purposes of section

71M(4) or (6), been aggregated with the value of any relevant

donation or donations (within the meaning of section 62), a

quarterly report must contain a statement to that effect.

      (6)
A quarterly report must—

(a)
state whether the transaction was entered into by the

registered party or any accounting unit of the party, or

(b)
in the case of a transaction to which section 71M(12)

applies, indicate that it is a transaction which falls to be

treated as made to the party by virtue of that provision.

6    (1)
In relation to each recordable transaction of a description

mentioned in section 71F(2) or (3), a quarterly or weekly report

must give the following details about the transaction.

      (2)
The report must give—

(a)
the date when the loan is to be repaid or the facility is to

end (or a statement that the loan or facility is indefinite),

or

(b)
where that date is to be determined under the agreement,

a statement of how it is to be so determined.

      (3)
The report must give—

(a)
the rate of interest payable on the loan or on sums

advanced under the facility (or a statement that no

interest is payable), or

(b)
where that rate is to be determined under the agreement,

a statement of how it is to be so determined.

      (4)
The report must state whether the agreement contains a

provision which enables outstanding interest to be added to any

sum for the time being owed in respect of the loan or credit

facility.

      (5)
The report must state whether any form of security is given in

respect of the loan or the sums advanced under the facility.

7    (1)
In relation to each recordable transaction of a description

mentioned in section 71F(4)(b), a quarterly or weekly report must

give the following details about the transaction.

      (2)
The report must—

(a)
if the transaction mentioned in section 71F(4)(a) is a

regulated transaction, identify that transaction by

reference to the transaction report in which it is recorded;

(b)
in any other case, give a description of the principal

features of that transaction.

      (3)
Where the security given consists in or includes rights over any

property, the report must state the nature of that property.