Political Parties and Elections Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Political Parties and Elections Bill

16
Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

Schedules
Schedule 1
Section 2

Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
“Schedule 19A
Section 146

Investigatory powers of Commission
5
Powers in relation to registered parties and others
1     (1)
This paragraph applies to the following organisations and
individuals—
(a)
a registered party or, in the case of a registered party with
accounting units—
10
(i)
the central organisation of the party;
(ii)
an accounting unit of the party;
(b)
a recognised third party (within the meaning of Part 6);
(c)
a permitted participant (within the meaning of Part 7);
(d)
a regulated donee (within the meaning of Schedule 7);
15
(e)
a regulated participant (within the meaning of Schedule
7A);
(f)
a candidate at an election (other than a local government
election in Scotland);
(g)
the election agent for such a candidate;
20
(h)
an organisation or individual formerly falling within any
of paragraphs (a) to (g).
      (2)
The Commission may give a disclosure notice to a person who—
(a)
is or has been the treasurer or another officer of an
organisation to which this paragraph applies, or
25
(b)
is an individual to whom this paragraph applies.
      (3)
A disclosure notice is a notice requiring the person to whom it is
given—
(a)
to produce, for inspection by the Commission or a person
authorised by the Commission, any documents which—
30
(i)
relate to the income and expenditure of the
organisation or individual in question, and
(ii)
are reasonably required by the Commission for the
purposes of carrying out their functions;

or
35
(b)
to provide the Commission, or a person authorised by the
Commission, with any information or explanation which

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
17

relates to that income and expenditure and is reasonably
required by the Commission for those purposes.
      (4)
A person to whom a disclosure notice is given shall comply with
it within such reasonable time as is specified in the notice.
      (5)
A person authorised by the Commission may, for the purposes of
5
the carrying out by the Commission of their functions—
(a)
at any reasonable time enter premises occupied by an
organisation to which, or an individual to whom, this
paragraph applies, and
(b)
having entered the premises, inspect any documents
10
relating to the income and expenditure of the organisation
or individual.

This is subject to paragraph 2(6).
Powers in relation to suspected offences or contraventions
2     (1)
This paragraph applies where the Commission have reasonable
15
grounds to suspect that—
(a)
a person has committed an offence under this Act, or
(b)
a person has contravened (otherwise than by committing
an offence) any restriction or other requirement imposed
by or by virtue of this Act.
20

In this paragraph “the suspected offence or contravention” means
the offence or contravention referred to above.
      (2)
The Commission may by notice require any person (including an
organisation to which, or an individual to whom, paragraph 1
applies)—
25
(a)
to produce, for inspection by the Commission or a person
authorised by the Commission, any documents that they
reasonably require for the purposes of investigating the
suspected offence or contravention;
(b)
to provide the Commission, or a person authorised by the
30
Commission, with any information or explanation that
they reasonably require for those purposes.
      (3)
A person to whom a notice is given under sub-paragraph (2) shall
comply with it within such reasonable time as is specified in the
notice.
35
      (4)
A person authorised by the Commission (“the investigator”) may
require—
(a)
the person mentioned in sub-paragraph (1), if that person
is an individual, or
(b)
an individual who the investigator reasonably believes has
40
relevant information,

to attend before the investigator at a specified time and place and
answer any questions that the investigator reasonably considers to
be relevant.
      (5)
In sub-paragraph (4) “relevant” means relevant to an investigation
45
by the Commission of the suspected offence or contravention.

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
18

      (6)
The power conferred by paragraph 1(5) may not be used to enter
premises and inspect documents for the purposes of an
investigation by the Commission of the suspected offence or
contravention.
Powers of entry and search etc by warrant
5
3     (1)
A justice of the peace may issue a warrant under this paragraph if
satisfied, on information on oath given by or on behalf of the
Commission, that there are reasonable grounds for believing
that—
(a)
a person has committed an offence under this Act, or
10
(b)
a person has contravened (otherwise than by committing
an offence) any restriction or other requirement imposed
by or by virtue of this Act,

and that there are on any premises documents to which sub-
paragraph (2) applies.
15
      (2)
This sub-paragraph applies to—
(a)
documents which a person has been required to produce
under paragraph 2(2) but which have not been produced
in compliance with the requirement;
(b)
any other documents relevant to an investigation by the
20
Commission of the offence or contravention mentioned in
sub-paragraph (1).
      (3)
A warrant under this paragraph authorises a constable, together
with any other person named in it and any other constables—
(a)
to enter the premises specified in the information, using
25
such force as is reasonably necessary for the purpose;
(b)
to search the premises and take possession of any
documents that appear to be ones to which sub-paragraph
(2) applies, or to take, in relation to any such documents,
any other steps that may appear to be necessary for
30
preserving them or preventing interference with them;
(c)
to require any person named in the warrant to provide an
explanation of any such documents or to state where they
may be found.
      (4)
A warrant under this paragraph continues in force until the end of
35
the period of one month beginning with the day on which it is
issued.
      (5)
In the application of this paragraph to Scotland—
(a)
a reference to a justice of the peace is to be read as a
reference to a justice of the peace or a sheriff;
40
(b)
a reference to information on oath is to be read as a
reference to evidence on oath.
Authorisation of application for warrant under paragraph 3
4     (1)
An application for a warrant under paragraph 3 may not be made
without the written authorisation of—
45
(a)
the chief executive of the Commission, or

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
19

(b)
where the office of chief executive is vacant or the chief
executive is absent or unable to act, a member of the staff
of the Commission who has previously been designated by
the chief executive for the purposes of this paragraph and
whose designation is still in force.
5
      (2)
A person may be designated under sub-paragraph (1)(b) only if
the chief executive considers the person to be suitable having
regard to the person’s experience and level of seniority as a
member of the staff of the Commission.
Retention of documents taken under paragraph 3
10
5     (1)
Any documents of which possession is taken under paragraph 3
may be retained for a period of three months (or for longer if any
of following sub-paragraphs applies).

In this paragraph “the documents” and “the three-month period”
mean the documents and the period mentioned above.
15
      (2)
If within the three-month period proceedings to which the
documents are relevant are commenced against any person for
any criminal offence, the documents may be retained until the
conclusion of those proceedings.
      (3)
If within the three-month period the Commission serve a notice
20
under paragraph 2(1) of Schedule 19B of a proposal to impose a
fixed monetary penalty on any person and the documents are
relevant to the decision to serve the notice, the documents may be
retained—
(a)
until liability for the penalty is discharged as mentioned in
25
paragraph 2(2) of that Schedule (if it is);
(b)
until the Commission decide not to impose a fixed
monetary penalty (if that is what they decide);
(c)
until the end of the period given by sub-paragraph (5) (if
they do impose a fixed monetary penalty).
30
      (4)
If within the three-month period the Commission serve a notice
under paragraph 6(1) of Schedule 19B of a proposal to impose a
discretionary requirement on any person and the documents are
relevant to the decision to serve the notice, the documents may be
retained—
35
(a)
until the Commission decide not to impose a discretionary
requirement (if that is what they decide);
(b)
until the end of the period given by sub-paragraph (5) (if
they do impose a discretionary requirement).
      (5)
If within the three-month period—
40
(a)
a notice is served imposing a fixed monetary penalty on
any person under paragraph 2(4) of Schedule 19B and the
documents are relevant to the decision to impose the
penalty, or
(b)
a notice is served imposing a discretionary requirement on
45
any person under paragraph 6(5) of that Schedule and the
documents are relevant to the decision to impose the
requirement,

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
20


the documents may be retained until the end of the period allowed
for bringing an appeal against that decision or (if an appeal is
brought) until the conclusion of proceedings on the appeal.
      (6)
If within the three-month period—
(a)
a stop notice is served on any person under paragraph 10
5
of Schedule 19B, and
(b)
the documents are relevant to the decision to serve the
notice,

the documents may be retained until the end of the period allowed
for bringing an appeal against that decision or (if an appeal is
10
brought) until the conclusion of proceedings on the appeal.
      (7)
If within the three-month period or the period given by sub-
paragraph (6) (or, if applicable, by sub-paragraph (4) or (5)(b))—
(a)
the Commission, having served a stop notice on any
person under paragraph 10 of Schedule 19B, decide not to
15
issue a completion certificate under paragraph 12 of that
Schedule in relation to the stop notice, and
(b)
the documents are relevant to the decision not to issue the
certificate,

the documents may be retained until the end of the period allowed
20
for bringing an appeal against that decision or (if an appeal is
brought) until the conclusion of proceedings on the appeal.
Power to make copies and records
6
The Commission or a person authorised by the Commission—
(a)
may make copies of, or make records of any information
25
contained in—
(i)
any documents produced or inspected under this
Schedule;
(ii)
any documents in relation to which the powers
mentioned in paragraph 3(3)(b) are exercisable;
30
(b)
may make copies or records of any information or
explanation provided under this Schedule.
Authorisation to be in writing
7
An authorisation of a person by the Commission under this
Schedule must be in writing.
35
Evidence of authority to enter premises etc
8
A person exercising in relation to any premises a power under—
(a)
paragraph 1(5), or
(b)
a warrant issued under paragraph 3,

shall produce evidence of the person’s authorisation or warrant if
40
required to do so by or on behalf of the owner, occupier or person
in charge of the premises.
Meaning of “documents”
9
In this Schedule “documents” includes any books or records.

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
21

Documents in electronic form
10    (1)
In the case of documents kept in electronic form—
(a)
a power of the Commission under this Schedule to require
documents to be produced for inspection includes power
to require a copy of the documents to be made available for
5
inspection in legible form;
(b)
a power of a person (“the inspector”) under this Schedule
to inspect documents includes power to require any
person on the premises in question to give any assistance
that the inspector reasonably requires to enable the
10
inspector—
(i)
to inspect and make copies of the documents in
legible form or to make records of information
contained in them, or
(ii)
to inspect and check the operation of any
15
computer, and any associated apparatus or
material, that is or has been in use in connection
with the keeping of the documents.
      (2)
Paragraph 6(a) applies in relation to any copy made available as
mentioned in sub-paragraph (1)(a) above.
20
Legal professional privilege
11
Nothing in this Schedule requires a person to produce or provide,
or authorises a person to inspect or take possession of, anything in
respect of which a claim to legal professional privilege (in
Scotland, to confidentiality of communications) could be
25
maintained in legal proceedings.
Admissibility of statements
12    (1)
A statement made by a person (“P”) in compliance with a
requirement imposed under this Schedule is admissible in
evidence in any proceedings (as long as it also complies with any
30
requirements governing the admissibility of evidence in the
circumstances in question).
      (2)
But in criminal proceedings in which P is charged with an offence
other than one to which sub-paragraph (3) applies or in
proceedings within sub-paragraph (4) to which both the
35
Commission and P are parties—
(a)
no evidence relating to the statement is admissible against
P, and
(b)
no question relating to the statement may be asked on
behalf of the prosecution or (as the case may be) the
40
Commission in cross-examination of P,

unless evidence relating to it is adduced, or a question relating to
it is asked, in the proceedings by or on behalf of P.
      (3)
This sub-paragraph applies to—
(a)
an offence under paragraph 13(3);
45
(b)
an offence under section 5 of the Perjury Act 1911 (false
statements made otherwise than on oath);

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
22

(c)
an offence under section 44(2) of the Criminal Law
(Consolidation) (Scotland) Act 1995 (false statements made
otherwise than on oath);
(d)
an offence under Article 10 of the Perjury (Northern
Ireland) Order 1979 (false statements made otherwise than
5
on oath).
      (4)
Proceedings are within this sub-paragraph if they arise out of the
exercise by the Commission of any of their powers under Schedule
19B other than powers in relation to an offence under paragraph
13(3) below.
10
Offences
13    (1)
A person who fails, without reasonable excuse, to comply with
any requirement imposed under or by virtue of this Schedule
commits an offence.
      (2)
A person who intentionally obstructs a person authorised by or by
15
virtue of this Schedule in the carrying out of that person’s
functions under the authorisation commits an offence.
      (3)
A person who knowingly or recklessly provides false information
in purported compliance with a requirement imposed under or by
virtue of this Schedule commits an offence.
20
Guidance by Commission
14    (1)
The Commission shall prepare and publish guidance as to—
(a)
the circumstances in which the Commission are likely to
give a notice under paragraph 1 or 2(2);
(b)
the consequences (including criminal sanctions) that may
25
result from a failure to comply with such a notice;
(c)
the circumstances in which the Commission are likely to
exercise their power under paragraph 1(5);
(d)
the procedures to be followed in connection with
questioning under paragraph 2(4);
30
(e)
the circumstances in which the Commission are likely to
apply for a warrant under paragraph 3;
(f)
the principles and practices to be applied in connection
with taking possession of, or taking other steps in relation
to, documents that appear to be ones to which paragraph
35
3(2) applies;
(g)
the principles and practices to be applied in connection
with the exercise of powers under paragraphs 5 and 6;
(h)
any other matters concerning the exercise of powers under
this Schedule about which the Commission consider that
40
guidance would be useful.
      (2)
Where appropriate, the Commission shall revise guidance
published under this paragraph and publish the revised guidance.
      (3)
The Commission shall consult such persons as they consider
appropriate before publishing guidance or revised guidance
45
under this paragraph.