Political Parties and Elections Bill

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Political Parties and Elections Bill

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
61

      (2)
Provision made by virtue of sub-paragraph (1)(b) may in
particular include provision conferring on the court to which the
appeal is made—
(a)
power to withdraw the requirement or notice;
(b)
power to confirm the requirement or notice;
5
(c)
power to take such steps as the Commission could take in
relation to the act or omission giving rise to the
requirement or notice;
(d)
power to remit the decision whether to confirm the
requirement or notice, or any matter relating to that
10
decision, to the Commission;
(e)
power to award costs or (in the case of a court in Scotland)
expenses.
Part 6
General and supplemental
15
Combination of sanctions
22    (1)
The Commission may not serve on a person a notice under
paragraph 2(1) (notice of proposed fixed monetary penalty) in
relation to any act or omission in relation to which—
(a)
a discretionary requirement has been imposed on that
20
person, or
(b)
a stop notice has been served on that person.
      (2)
The Commission may not serve on a person a notice under
paragraph 6(1) (notice of proposed discretionary requirement), or
serve a stop notice on a person, in relation to any act or omission
25
in relation to which—
(a)
a fixed monetary penalty has been imposed on that person,
or
(b)
the person’s liability for a fixed monetary penalty has been
discharged as mentioned in paragraph 2(2).
30
Use of statements made compulsorily
23    (1)
The Commission must not take into account a statement made by
a person in compliance with a requirement imposed under
Schedule 19B in deciding whether—
(a)
to impose a fixed monetary penalty on the person;
35
(b)
to impose a discretionary requirement on the person;
(c)
to serve a stop notice on the person.
      (2)
Sub-paragraph (1)(a) or (b) does not apply to a penalty or
requirement imposed in respect of an offence under paragraph
14(3) of Schedule 19B (providing false information in purported
40
compliance with a requirement under that Schedule).

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
62

Unincorporated associations
24
Any amount that is payable under this Schedule by an
unincorporated association shall be paid out of the funds of the
association.
Guidance as to enforcement
5
25    (1)
The Commission shall prepare and publish guidance as to—
(a)
the sanctions (including criminal sanctions) that may be
imposed on a person who—
(i)
commits an offence under this Act, or
(ii)
contravenes a restriction or requirement that is
10
prescribed for the purposes of paragraph 1, 5, 10 or
15;
(b)
the action that the Commission may take in relation to such
a person (whether by virtue of this Schedule or otherwise);
(c)
the circumstances in which the Commission are likely to
15
take any such action.
      (2)
The guidance must include guidance about the Commission’s use
of the power to impose a fixed monetary penalty, with
information as to—
(a)
the circumstances in which such a penalty may not be
20
imposed;
(b)
the amount of such a penalty;
(c)
how liability for such a penalty may be discharged and the
effect of discharge;
(d)
rights to make representations and objections and rights of
25
appeal in relation to such a penalty.
      (3)
The guidance must include guidance about the Commission’s use
of the power to impose a discretionary requirement, with
information as to—
(a)
the circumstances in which such a requirement may not be
30
imposed;
(b)
rights to make representations and objections and rights of
appeal in relation to such a requirement;
(c)
in the case of a variable monetary penalty, the matters
likely to be taken into account by the Commission in
35
determining the amount of the penalty (including, where
relevant, any discounts for voluntary reporting of non-
compliance).
      (4)
The guidance must include guidance about the Commission’s use
of the power to serve a stop notice, with information as to—
40
(a)
the circumstances in which such a notice may not be
served;
(b)
rights of appeal in relation to such a notice.
      (5)
The guidance must include guidance about the Commission’s use
of the power to accept an enforcement undertaking.
45

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
63

      (6)
Where appropriate, the Commission shall revise guidance
published under this paragraph and publish the revised guidance.
      (7)
The Commission shall consult such persons as they consider
appropriate before publishing guidance or revised guidance
under this paragraph.
5
      (8)
The Commission shall have regard to the guidance or revised
guidance published under this paragraph in exercising their
functions.
Payment of penalties etc into Consolidated Fund
26
Where, in pursuance of any provision contained in or made under
10
this Schedule, the Commission receive—
(a)
a fixed monetary penalty, a variable monetary penalty or a
non-compliance penalty,
(b)
any interest or other financial penalty for late payment of
such a penalty, or
15
(c)
a sum paid as mentioned in paragraph 2(2) (in discharge of
liability for a fixed monetary penalty),

they shall pay it into the Consolidated Fund.
Reports on use of civil sanctions
27    (1)
Each report by the Commission under paragraph 20 of Schedule 1
20
shall contain information about the use made by the Commission
of their powers under this Schedule during the year in question.
      (2)
The report shall, in particular, specify—
(a)
the cases in which a fixed monetary penalty or
discretionary requirement was imposed or a stop notice
25
served (other than cases in which the penalty, requirement
or notice was overturned on appeal);
(b)
the cases in which liability for a fixed monetary penalty
was discharged as mentioned in paragraph 2(2);
(c)
the cases in which an enforcement undertaking was
30
accepted.
      (3)
This paragraph does not require the Commission to include in a
report any information that, in their opinion, it would be
inappropriate to include on the ground that to do so—
(a)
would or might be unlawful, or
35
(b)
might adversely affect any current investigation or
proceedings.
Disclosure of information
28    (1)
Information held by or on behalf of—
(a)
the Crown Prosecution Service,
40
(b)
a member of a police force in England and Wales,
(c)
a Procurator Fiscal,
(d)
a constable of a police force in Scotland,
(e)
the Public Prosecution Service for Northern Ireland, or

Political Parties and Elections Bill
Schedule 2 — Civil sanctions: Schedule to be inserted into the 2000 Act
64

(f)
a member of the Police Service of Northern Ireland,

may be disclosed to the Commission for the purpose of the
exercise by the Commission of any powers conferred on them
under or by virtue of this Schedule.
      (2)
It is immaterial for the purposes of sub-paragraph (1) whether the
5
information was obtained before or after the coming into effect of
this Schedule.
      (3)
A disclosure under this paragraph is not to be taken to breach any
restriction on the disclosure of information (however imposed).
      (4)
Nothing in this paragraph authorises the making of a disclosure in
10
contravention of—
(a)
the Data Protection Act 1998, or
(b)
Part 1 of the Regulation of Investigatory Powers Act 2000.
      (5)
This paragraph does not affect a power to disclose that exists apart
from this paragraph.
15
Part 7
Interpretation
Interpretation of Schedule
29
In this Schedule—
“completion certificate” has the meaning given in paragraph
20
12(1);
“discretionary requirement” has the meaning given in
paragraph 5(5);
“enforcement undertaking” has the meaning given in
paragraph 15(1)(b);
25
“fixed monetary penalty” has the meaning given in
paragraph 1(5);
“non-compliance penalty” has the meaning given in
paragraph 9(1);
“non-monetary discretionary requirement” has the meaning
30
given in paragraph 5(7);
“permitted participant” has the meaning given in section
105(1);
“prescribed” means prescribed in a supplementary order;
“recognised third party” has the meaning given in section
35
85(5);
“responsible person”—
(a)
in relation to a recognised third party, has the
meaning given in section 85(7);
(b)
in relation to a permitted participant, has the meaning
40
given in section 105(2);
“stop notice” has the meaning given in paragraph 10(1);
“supplementary order” has the meaning given in paragraph
16(1);

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
65

“variable monetary penalty” has the meaning given in
paragraph 5(7).”
Schedule 3
Section 9

Declaration as to source of donation
Schedule 7 to the 2000 Act (control of donations to individuals and members associations)
5
1     (1)
In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting
donations from impermissible donors), after paragraph (a) of sub-paragraph
(1) there is inserted—
“(aa)
in the case of a donation of an amount exceeding £7,500, the
donee has not been given a declaration as required by
10
paragraph 6A, or”.
      (2)
After paragraph 6 of that Schedule there is inserted—
“Declaration as to source of donation
6A    (1)
Where a person (P) causes an amount exceeding £7,500 to be
received by a regulated donee by way of a donation, a written
15
declaration must be given to the donee—
(a)
by P, if P is an individual, or
(b)
if not, by an individual authorised by P to make the
declaration,

stating, to the best of the individual’s knowledge and belief,
20
whether or not sub-paragraph (2) applies to the donation.
      (2)
This sub-paragraph applies to the donation if—
(a)
a person other than P has provided, or is expected to
provide, money or any other benefit to P with a view to, or
otherwise in connection with, the making of the donation,
25
and
(b)
the money, or the value of the benefit, is more than £7,500.
      (3)
Where a declaration under this section contains a statement to the
effect that sub-paragraph (2) applies to the donation, it must
also—
30
(a)
state whether or not, in the opinion of the person making
the declaration—
(i)
sub-paragraph (2) of paragraph 6 applies to the
donation;
(ii)
sub-paragraph (4) of that paragraph applies to it;
35
(b)
if the person’s opinion is that neither of those sub-
paragraphs applies to the donation, give the person’s
reasons for that opinion.
      (4)
The declaration must also state the full name and address of the
person by whom it is made and, where sub-paragraph (1)(b)
40
applies—
(a)
state that the person is authorised by P to make the
declaration;

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
66

(b)
describe the person’s role or position in relation to P.
      (5)
A person who knowingly or recklessly makes a false declaration
under this paragraph commits an offence.
      (6)
Regulations made by the Secretary of State may make provision as
to how the value of a benefit is to be calculated for the purposes of
5
sub-paragraph (2).”
2     (1)
Paragraph 10 of that Schedule (donation reports: donations from
permissible donors) is amended as follows.
      (2)
In the heading, at the end there is inserted “etc.”.
      (3)
In sub-paragraph (1), for the words from “each controlled donation” to the
10
end there is substituted “each controlled donation which is a recordable
donation and either—
(a)
has been accepted by the donee, or
(b)
has not been accepted by the donee but is a donation in the
case of which a declaration under paragraph 6A has been
15
given.”
      (4)
In sub-paragraph (4)(a), for “by virtue of paragraphs 2, 2A and 4” there is
substituted “, by virtue of paragraphs 1A, 2, 2A and 4”.
      (5)
In sub-paragraph (5)—
(a)
for “paragraphs 2, 2A and 4” there is substituted “paragraphs 1A, 2,
20
2A and 4”;
(b)
after paragraph (a) there is inserted—
“(aa)
any reference to section 54A shall be read as a
reference to paragraph 6A above;”.
3     (1)
Paragraph 11 of that Schedule (donation reports: donations from
25
impermissible or unidentifiable donors) is amended as follows.
      (2)
In the heading, at the end there is inserted “or without required declaration”.
      (3)
In sub-paragraph (1)(a), for “paragraph 6(1)(a) or (b)” there is substituted
“paragraph 6(1)(a), (aa) or (b)”.
      (4)
In sub-paragraph (1)(b), for “section 56(2)(a) or (b)” there is substituted
30
“section 56(2)(a), (aa) or (b)”.
      (5)
In sub-paragraph (3), for “paragraph 6(1)(a)” there is substituted “paragraph
6(1)(a) or (aa)”.
      (6)
In sub-paragraph (3)(a), after “the donor” there is inserted “or the person
appearing to be the donor”.
35
      (7)
In sub-paragraph (3)(c), for “section 56(2)(a)” there is substituted “section
56(2)(a) or (aa)”.
Schedule 11 to the 2000 Act (control of donations to recognised third parties)
4     (1)
In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting
donations from impermissible donors), after paragraph (a) of sub-paragraph
40

Political Parties and Elections Bill
Schedule 3 — Declaration as to source of donation
67

(1) there is inserted—
“(aa)
in the case of a donation of an amount exceeding £7,500, the
recognised third party has not been given a declaration as
required by paragraph 6A; or”.
      (2)
After paragraph 6 of that Schedule there is inserted—
5
“Declaration as to source of donation
6A    (1)
Where a person (P) causes an amount exceeding £7,500 to be
received by a recognised third party by way of a donation, a
written declaration must be given to the recognised third party—
(a)
by P, if P is an individual, or
10
(b)
if not, by an individual authorised by P to make the
declaration,

stating, to the best of the individual’s knowledge and belief,
whether or not sub-paragraph (2) applies to the donation.
      (2)
This sub-paragraph applies to the donation if—
15
(a)
a person other than P has provided, or is expected to
provide, money or any other benefit to P with a view to, or
otherwise in connection with, the making of the donation,
and
(b)
the money, or the value of the benefit, is more than £7,500.
20
      (3)
Where a declaration under this section contains a statement to the
effect that sub-paragraph (2) applies to the donation, it must
also—
(a)
state whether or not, in the opinion of the person making
the declaration—
25
(i)
sub-paragraph (4) of paragraph 6 applies to the
donation;
(ii)
sub-paragraph (6) of that paragraph applies to it;
(b)
if the person’s opinion is that neither of those sub-
paragraphs applies to the donation, give the person’s
30
reasons for that opinion.
      (4)
The declaration must also state the full name and address of the
person by whom it is made and, where sub-paragraph (1)(b)
applies—
(a)
state that the person is authorised by P to make the
35
declaration;
(b)
describe the person’s role or position in relation to P.
      (5)
A person who knowingly or recklessly makes a false declaration
under this paragraph commits an offence.
      (6)
Regulations made by the Secretary of State may make provision as
40
to how the value of a benefit is to be calculated for the purposes of
sub-paragraph (2).”
5     (1)
In paragraph 9 of that Schedule (statement of relevant donations), for
“paragraphs 10 and 11” there is substituted “paragraphs 9A to 11”.