Political Parties and Elections Bill

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Political Parties and Elections Bill

38
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 19B
Section 146

Investigatory powers of Commission
5
Power to require disclosure
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 the treasurer or another officer of an organisation to
which this paragraph applies, or has been at any time in
25
the period of five years ending with the day on which the
notice is given; or
(b)
is an individual to whom this paragraph applies.
      (3)
A disclosure notice is a notice requiring the person to whom it is
given—
30
(a)
to produce, for inspection by the Commission or a person
authorised by the Commission, any documents which—
(i)
relate to the income and expenditure of the
organisation or individual in question, and
(ii)
are reasonably required by the Commission for the
35
purposes of carrying out their functions;

or

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
39

(b)
to provide the Commission, or a person authorised by the
Commission, with any information or explanation which
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
5
it within such reasonable time as is specified in the notice.
Powers of entry and inspection
2     (1)
This paragraph applies to the following organisations and
individuals—
(a)
a registered party or, in the case of a registered party with
10
accounting units—
(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);
15
(d)
a members association (within the meaning of Schedule 7).
      (2)
A person authorised by the Commission may, for the purposes of
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
20
paragraph applies, and
(b)
having entered the premises, inspect any documents
relating to the income and expenditure of the organisation
or individual.
      (3)
This paragraph is subject to paragraph 3(6).
25
Powers in relation to suspected offences or contraventions
3     (1)
This paragraph applies where the Commission have reasonable
grounds to suspect that—
(a)
a person has committed an offence under this Act, or
(b)
a person has contravened (otherwise than by committing
30
an offence) any restriction or other requirement imposed
by or by virtue of this Act.

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
35
organisation to which, or an individual to whom, paragraph 1
applies)—
(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
40
suspected offence or contravention;
(b)
to provide the Commission, or a person authorised by the
Commission, with any information or explanation that
they reasonably require for those purposes.

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
40

      (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.
      (4)
A person authorised by the Commission (“the investigator”) may
require—
5
(a)
the person mentioned in sub-paragraph (1), if that person
is an individual, or
(b)
an individual who the investigator reasonably believes has
relevant information,

to attend before the investigator at a specified time and place and
10
answer any questions that the investigator reasonably considers to
be relevant.
      (5)
In sub-paragraph (4) “relevant” means relevant to an investigation
by the Commission of the suspected offence or contravention.
      (6)
The power conferred by paragraph 2 may not be used to enter
15
premises and inspect documents for the purposes of an
investigation by the Commission of the suspected offence or
contravention.
Court order for delivery of documents or provision of information etc
4     (1)
This paragraph applies where the Commission have given a notice
20
under paragraph 3 requiring documents to be produced.
      (2)
The High Court or (in Scotland) the Court of Session may make a
document-disclosure order against a person (“the respondent”) if
satisfied on an application by the Commission that—
(a)
there are reasonable grounds to suspect that a person
25
(whether or not the respondent) has committed an offence
under this Act or has contravened (otherwise than by
committing an offence) any restriction or other
requirement imposed by or by virtue of this Act, and
(b)
there are documents referred to in the notice under
30
paragraph 3 which—
(i)
have not been produced as required by the notice
(either within the time specified in the notice for
compliance or subsequently),
(ii)
are reasonably required by the Commission for the
35
purposes of investigating the offence or
contravention referred to in paragraph (a), and
(iii)
are in the custody or under the control of the
respondent.
      (3)
A document-disclosure order is an order requiring the respondent
40
to deliver to the Commission, within such time as is specified in
the order, such documents falling within sub-paragraph (2)(b) as
are identified in the order (either specifically or by reference to any
category or description of document).
      (4)
For the purposes of sub-paragraph (2)(b)(iii) a document is under
45
a person’s control if it is in the person’s possession or if the person
has a right to possession of it.

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
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      (5)
A person who fails to comply with a document-disclosure order
may not, in respect of that failure, be both punished for contempt
of court and convicted of an offence under paragraph 13(1).
5     (1)
This paragraph applies where the Commission have given a notice
under paragraph 3 requiring any information or explanation to be
5
provided.
      (2)
The High Court or (in Scotland) the Court of Session may make an
information-disclosure order against a person (“the respondent”)
if satisfied on an application by the Commission that—
(a)
there are reasonable grounds to suspect that a person
10
(whether or not the respondent) has committed an offence
under this Act or has contravened (otherwise than by
committing an offence) any restriction or other
requirement imposed by or by virtue of this Act, and
(b)
there is any information or explanation referred to in the
15
notice under paragraph 3 which—
(i)
has not been provided as required by the notice
(either within the time specified in the notice for
compliance or subsequently),
(ii)
is reasonably required by the Commission for the
20
purposes of investigating the offence or
contravention referred to in paragraph (a), and
(iii)
the respondent is able to provide.
      (3)
An information-disclosure order is an order requiring the
respondent to provide to the Commission, within such time as is
25
specified in the order, such information or explanation falling
within sub-paragraph (2)(b) as is identified in the order.
      (4)
A person who fails to comply with an information-disclosure
order may not, in respect of that failure, be both punished for
contempt of court and convicted of an offence under paragraph
30
14(1).
Retention of documents delivered under paragraph 4
6     (1)
The Commission may retain any documents delivered to them in
compliance with an order under paragraph 4 for a period of three
months (or for longer if any of following sub-paragraphs applies).
35

In this paragraph “the documents” and “the three-month period”
mean the documents and the period mentioned above.
      (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
40
conclusion of those proceedings.
      (3)
If within the three-month period the Commission serve a notice
under paragraph 2(1) of Schedule 19C 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
45
retained—
(a)
until liability for the penalty is discharged as mentioned in
paragraph 2(2) of that Schedule (if it is);

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Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
42

(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).
      (4)
If within the three-month period the Commission serve a notice
5
under paragraph 6(1) of Schedule 19C 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—
(a)
until the Commission decide not to impose a discretionary
10
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—
(a)
a notice is served imposing a fixed monetary penalty on
15
any person under paragraph 2(4) of Schedule 19C and the
documents are relevant to the decision to impose the
penalty, or
(b)
a notice is served imposing a discretionary requirement on
any person under paragraph 6(5) of that Schedule and the
20
documents are relevant to the decision to impose the
requirement,

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.
25
      (6)
If within the three-month period—
(a)
a stop notice is served on any person under paragraph 10
of Schedule 19C, and
(b)
the documents are relevant to the decision to serve the
notice,
30

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.
      (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))—
35
(a)
the Commission, having served a stop notice on any
person under paragraph 10 of Schedule 19C, decide not to
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
40
certificate,

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.
Power to make copies and records
45
7
The Commission or a person authorised by the Commission—
(a)
may make copies of, or make records of any information
contained in—

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
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(i)
any documents produced or inspected under this
Schedule;
(ii)
any documents delivered to them in compliance
with an order under paragraph 4;
(b)
may make copies or records of any information or
5
explanation provided under this Schedule.
Authorisation to be in writing
8
An authorisation of a person by the Commission under this
Schedule must be in writing.
Evidence of authority to enter premises etc
10
9
A person exercising a power under paragraph 2 in relation to any
premises shall produce evidence of the person’s authorisation if
required to do so by or on behalf of the owner, occupier or person
in charge of the premises.
Meaning of “documents”
15
10
In this Schedule “documents” includes any books or records.
Documents in electronic form
11    (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
20
to require a copy of the documents to be made available for
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
25
that the inspector reasonably requires to enable the
inspector—
(i)
to inspect and make copies of the documents in
legible form or to make records of information
contained in them, or
30
(ii)
to inspect and check the operation of any
computer, and any associated apparatus or
material, that is or has been in use in connection
with the keeping of the documents.
      (2)
Paragraph 7(a) applies in relation to any copy made available as
35
mentioned in sub-paragraph (1)(a) above.
Legal professional privilege
12
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
40
Scotland, to confidentiality of communications) could be
maintained in legal proceedings.

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
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Admissibility of statements
13    (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
requirements governing the admissibility of evidence in the
5
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
Commission and P are parties—
10
(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
Commission in cross-examination of P,
15

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 14(3);
(b)
an offence under section 5 of the Perjury Act 1911 (false
20
statements made otherwise than on oath);
(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
25
Ireland) Order 1979 (false statements made otherwise than
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
19C other than powers in relation to an offence under paragraph
30
14(3) below.
Offences
14    (1)
A person who fails, without reasonable excuse, to comply with
any requirement imposed under or by virtue of this Schedule
commits an offence.
35
      (2)
A person who intentionally obstructs a person authorised by or by
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
40
virtue of this Schedule commits an offence.
Guidance by Commission
15    (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);
45