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| 71S | Submission of transaction reports to Commission |
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| (1) | A transaction report under section 71M must be delivered to the |
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| Commission by the treasurer of the party in question within the |
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| period of 30 days beginning with the end of the reporting period to |
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| (2) | A transaction report under section 71Q must be delivered to the |
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| Commission by the treasurer of the party in question— |
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| (a) | within the period of 7 days beginning with the end of the |
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| reporting period to which it relates, or |
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| (b) | if that is not possible in the case of any party to which |
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| section 71Q applies by virtue of section 64(5) (as applied by |
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| section 71R), within the period of 7 days beginning with the |
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| first day on which the party has a candidate at the election |
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| (3) | If a transaction report under section 71M or 71Q states that the |
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| registered party has seen evidence of such description as is |
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| prescribed by the Secretary of State in regulations that an |
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| individual participant has an anonymous entry in the electoral |
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| register (within the meaning of the Representation of the People Act |
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| 1983), the report must be accompanied by a copy of the evidence. |
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| (4) | The treasurer of a registered party commits an offence if he fails to |
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| comply with the requirements of subsection (1) or (2) in relation to |
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| (5) | The treasurer of a registered party also commits an offence if he |
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| delivers a transaction report to the Commission which does not |
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| comply with any requirements of this Part as regards the recording |
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| of transactions, or changes to transactions, in such a report. |
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| (6) | Where a person is charged with an offence under this section, it |
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| shall be a defence to prove that he took all reasonable steps, and |
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| exercised all due diligence, to ensure that any such requirements |
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| were complied with in relation to transactions entered into by the |
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| party, or changes to transactions made, during the relevant |
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| (7) | Where the court is satisfied, on an application made by the |
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| Commission, that any failure to comply with any such |
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| requirements in relation to— |
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| (a) | any transaction entered into by a registered party, or |
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| (b) | any change made to a transaction to which the registered |
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| | was attributable to an intention on the part of any person to conceal |
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| the existence or true value of the transaction, the court may make |
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| such order as it thinks fit to restore (so far as is possible) the parties |
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| to the 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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| (8) | An order under subsection (7) 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, or the transaction is an arrangement by |
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| which any form of security is given, require that the security |
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| (9) | The reference in subsection (2) to a party having a candidate at an |
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| election must be construed in accordance with section 64(9). |
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| 71T | Declaration by treasurer in transaction report |
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| (1) | Each transaction report under section 71M or 71Q must, when |
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| delivered to the Commission, be accompanied by a declaration |
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| made by the treasurer which complies with subsection (2), (3) or (4). |
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| (2) | In the case of a report under section 71M (other than one making a |
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| nil return), the declaration must state that, to the best of the |
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| treasurer’s knowledge and belief— |
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| (a) | all the transactions recorded in the report were entered into |
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| by the party with authorised participants, |
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| (b) | during the reporting period no transaction has been entered |
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| into by the party which is required to be recorded in the |
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| report but is not so recorded, |
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| (c) | during the reporting period no change has been made to a |
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| regulated transaction which is required to be recorded in |
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| the report but is not so recorded, and |
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| (d) | during the reporting period the party has not entered into |
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| any regulated transaction with a person or body other than |
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| an authorised participant. |
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| (3) | For the purposes of subsection (2) a return under section 71M |
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| makes a nil return if it contains such a statement as is mentioned in |
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| subsection (9) of that section and a statement as is mentioned in |
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| subsection (4) of section 71N; and in the case of such a report the |
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| declaration must state that, to the best of the treasurer’s knowledge |
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| (a) | those statements are accurate, and |
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| (b) | during the reporting period the party has not entered into |
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| any regulated transaction with a person or body other than |
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| an authorised participant. |
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| (4) | In the case of a report under section 71Q, the declaration must state |
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| that, to the best of the treasurer’s knowledge and belief— |
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| (a) | no transaction has been entered into by the party, or (if |
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| section 71Q(3)(b) applies) by its central organisation, during |
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| the reporting period which is required to be recorded in the |
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| report but is not so recorded, and |
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| (b) | no change has been made to a regulated transaction during |
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| the reporting period which is required to be recorded in the |
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| report but is not so recorded. |
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| (5) | A person commits an offence if he knowingly or recklessly makes a |
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| false declaration under this section. |
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| 71U | Weekly donation reports in connection with elections other than |
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| (1) | The Secretary of State may, after consulting the Commission and all |
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| registered parties, by order make provision for— |
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| (a) | sections 71Q and 71R, together with Schedule 6A, |
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| (b) | sections 71S and 71T, and |
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| (c) | section 147 so far as applying in relation to section 71S(1) or |
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| | to apply in relation to the specified election period in the case of one |
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| or more relevant elections with such modifications as are specified |
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| (2) | In this section “specified election period” and “relevant election” |
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| have the meanings given in section 67. |
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| 71V | Register of recordable transactions |
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| (1) | The Commission must maintain a register of all transactions (and |
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| all changes) reported to them under this Part. |
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| (2) | The register must be maintained by the Commission in such form |
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| as they may determine and must contain the following details in the |
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| case of each such transaction— |
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| (a) | the value of the transaction; |
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| (b) | (subject to subsection (3)) such other details as have been |
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| given in relation to the transaction in pursuance of any of |
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| paragraphs 2 to 7 of Schedule 6A; |
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| (c) | the relevant date for the transaction within the meaning of |
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| paragraph 8 of that Schedule. |
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| (3) | The details required by virtue of subsection (2) do not include, in |
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| the case of any transaction entered into by an authorised participant |
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| who is an individual, the individual’s address. |
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| (a) | any transaction or transactions is or are reported to the |
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| Commission under this Part, or |
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| (b) | any change or changes is or are so reported to them, |
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| | they must cause the details mentioned in subsection (2) to be |
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| entered or, as the case may be, changed in the register in respect of |
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| the transaction or transactions as soon as is reasonably practicable. |
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| 71W | Proceedings under sections 71I and 71S |
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| (1) | This section has effect in relation to proceedings on applications |
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| under sections 71I(4) and 71S(7). |
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| (a) | in England and Wales, the county court; |
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| (b) | in Scotland, the sheriff, and the proceedings are civil |
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| (c) | in Northern Ireland, the county court. |
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| (3) | The standard of proof is that applicable to civil proceedings. |
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| (4) | An order may be made whether or not proceedings are brought |
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| against any person for an offence under section 71L, 71S or 71T. |
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| (5) | An appeal against an order made by the sheriff may be made to the |
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| (6) | Rules of court may make provision— |
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| (a) | with respect to applications or appeals from proceedings on |
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| (b) | for the giving of notice of such applications or appeals to |
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| (c) | for the joinder, or in Scotland sisting, of such persons as |
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| (d) | generally with respect to procedure in such applications or |
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| (7) | Subsection (6) does not affect any existing power to make rules. |
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| 71X | Construction of Part 4A |
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| “authorised participant” must be construed in accordance |
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| “connected transaction” has the meaning given by section |
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| “credit facility” has the meaning given by section 71F(11); |
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| “regulated transaction” must be construed in accordance with |
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| (2) | For the purposes of any provision relating to the reporting of |
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| transactions, anything required to be done by a registered party in |
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| consequence of its being a party to a regulated transaction must also |
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| be done by it, if it is a party to a transaction of a description |
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| mentioned in section 71F(4)(a), as if it were a party to the connected |
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| (2) | In section 147 of that Act (civil penalty for failure to deliver documents etc), |
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| after subsection (1)(c) insert— |
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| “(ca) | the requirements of section 71S(1) or (2) are not complied |
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| with in relation to any transaction report relating to a |
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| (3) | In section 149 of that Act (inspection of Commission’s registers etc), after |
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| subsection (1)(b) insert— |
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| (4) | In section 156(4) of that Act (provision about subordinate legislation)— |
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| (a) | after paragraph (d) insert— |
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| (b) | after paragraph (h) insert— |
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| “(ha) | paragraph 9 of Schedule 6A,”. |
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| (5) | After Schedule 6 to that Act (details to be given in donation reports) |
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| Details to be given in transaction reports |
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| (a) | “quarterly report” means a report required to be |
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| prepared by virtue of section 71M; |
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| (b) | “weekly report” means a report required to be prepared |
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| by virtue of section 71Q; |
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| | and “recordable transaction”, in relation to a quarterly or weekly |
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| report, means a transaction required to be recorded in that |
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| (2) | References in this Schedule to a registered party must, in the case |
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| of a party with accounting units, be read as references to the |
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| central organisation of the party. |
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| Identity of authorised participants: quarterly reports |
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| 2 (1) | In relation to each recordable transaction, a quarterly report must |
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| give the following information about each authorised participant |
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| (other than the registered party deriving the benefit of the |
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| transaction) that is required by any of sub-paragraphs (2) to (10). |
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| (2) | In the case of an individual the report must give his full name |
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| (a) | if his address is, at the date the transaction is entered into, |
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| shown in an electoral register (within the meaning of |
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| section 54), that address, and |
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| (b) | otherwise, his home address (whether in the United |
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| (3) | Sub-paragraph (2) applies in the case of an individual who has an |
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| anonymous entry in an electoral register (within the meaning of |
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| the Representation of the People Act 1983) as if for paragraphs (a) |
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| and (b) there were substituted “state that the registered party has |
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| seen evidence of such description as is prescribed by the |
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| Secretary of State in regulations that the individual has an |
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| anonymous entry in an electoral register (within the meaning of |
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| the Representation of the People Act 1983)”. |
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| (4) | In the case of a company falling within section 54(2)(b) the report |
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| (a) | the company’s registered name, |
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| (b) | the address of its registered office, and |
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| (c) | the number with which it is registered. |
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| (5) | In the case of a registered party the report must give— |
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| (a) | the party’s registered name, and |
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| (b) | the address of its registered headquarters. |
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| (6) | In the case of trade union falling within section 54(2)(d) the |
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| (a) | the name of the union, and |
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| (b) | the address of its head or main office, |
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| | as shown in the list kept under the Trade Union and Labour |
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| Relations (Consolidation) Act 1992 or the Industrial Relations |
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| (Northern Ireland) Order 1992. |
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| (7) | In the case of a building society within the meaning of the |
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| Building Societies Act 1986 the report must give— |
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| (a) | the name of the society, and |
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| (b) | the address of its principal office. |
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| (8) | In the case of a limited liability partnership falling within section |
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| 54(2)(f) the report must give— |
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| (a) | the partnership’s registered name, and |
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| (b) | the address of its registered office. |
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| (9) | In the case of a friendly or other registered society falling within |
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| section 54(2)(g) the report must give— |
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| (a) | the name of the society, and |
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| (b) | the address of its registered office. |
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| (10) | In the case of an unincorporated association falling within |
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| section 54(2)(h) the report must give— |
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| (a) | the name of the association, and |
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| (b) | the address of its main office in the United Kingdom. |
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| Identity of authorised participants: weekly reports |
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| 3 (1) | In relation to each recordable transaction, a weekly report must |
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| give all such details of the name and address of each authorised |
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| participant (other than the registered party deriving the benefit |
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| from the transaction) as are for the time being known to the |
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| (2) | In the case of a participant who is an individual having an |
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| anonymous entry in an electoral register (within the meaning of |
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| the Representation of the People Act 1983) instead of giving |
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| details of the address of the individual the party must state that |
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| it has seen evidence of such description as is prescribed by the |
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| Secretary of State in regulations that the individual has such an |
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| Identity of unauthorised participants |
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| 4 | In relation to each recordable transaction to which a person who |
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| is not an authorised participant is a party, a quarterly or weekly |
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| (a) | the name and address of the person; |
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| (b) | the date when, and the manner in which, the transaction |
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| was dealt with in accordance with subsections (3) to (5) of |
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| section 71I or those subsections as applied by section |
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| 5 (1) | In relation to each recordable transaction a report must give the |
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| following details about the transaction. |
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| (2) | A quarterly or weekly report must give the nature of the |
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| transaction (that is to say, whether it is a loan, a credit facility or |
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| an arrangement by which any form of security is given). |
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| (3) | A quarterly or weekly report must give the value of the |
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| 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 |
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| specified, a statement to that effect. |
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| (4) | A quarterly or weekly report must give the relevant date for the |
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| transaction (determined in accordance with paragraph 8). |
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| (5) | If the requirement to record the transaction arises only because |
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| the value of the transaction has, for the purposes of section |
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| 71M(4) or (6), been aggregated with the value of any relevant |
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| donation or donations (within the meaning of section 62), a |
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| quarterly report must contain a statement to that effect. |
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| (6) | A quarterly report must— |
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| (a) | state whether the transaction was entered into by the |
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| registered party or any accounting unit of the party, or |
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| (b) | in the case of a transaction to which section 71M(12) |
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| applies, indicate that it is a transaction which falls to be |
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| treated as made to the party by virtue of that provision. |
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| 6 (1) | In relation to each recordable transaction of a description |
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| mentioned in section 71F(2) or (3), a quarterly or weekly report |
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| must give the following details about the transaction. |
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| (2) | The report must give— |
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| (a) | the date when the loan is to be repaid or the facility is to |
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| end (or a statement that the loan or facility is indefinite), |
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| (b) | where that date is to be determined under the agreement, |
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| a statement of how it is to be so determined. |
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| (3) | The report must give— |
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| (a) | the rate of interest payable on the loan or on sums |
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| advanced under the facility (or a statement that no |
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| (b) | where that rate is to be determined under the agreement, |
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| a statement of how it is to be so determined. |
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| (4) | The report must state whether the agreement contains a |
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| provision which enables outstanding interest to be added to any |
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| sum for the time being owed in respect of the loan or credit |
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| (5) | The report must state whether any form of security is given in |
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| respect of the loan or the sums advanced under the facility. |
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| 7 (1) | In relation to each recordable transaction of a description |
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| mentioned in section 71F(4)(b), a quarterly or weekly report must |
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| give the following details about the transaction. |
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| (a) | if the transaction mentioned in section 71F(4)(a) is a |
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| regulated transaction, identify that transaction by |
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| reference to the transaction report in which it is recorded; |
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| (b) | in any other case, give a description of the principal |
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| features of that transaction. |
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| (3) | Where the security given consists in or includes rights over any |
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| property, the report must state the nature of that property. |
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