House of Lords portcullis
House of Lords
Session 2008 - 09
Internet Publications
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”.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2009
Revised 18 June 2009