Political Parties, Elections and Referendums Bill - continued        House of Lords

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  PART V
  CONTROL OF CAMPAIGN EXPENDITURE
 
Preliminary
Campaign expenditure.     67. - (1) The following provisions have effect for the purposes of this Part.
 
      (2) "Campaign expenditure", in relation to a registered party, means (subject to subsection (7)) expenses incurred by or on behalf of the party which are either-
 
 
    (a) expenses falling within Part I of Schedule 7 and so incurred for election purposes; or
 
    (b) expenses falling within Part II of that Schedule which, in accordance with that Part of that Schedule, are to be treated as incurred for such purposes.
      (3) "Election campaign", in relation to a registered party, means a campaign conducted by the party for election purposes.
 
      (4) "For election purposes", in relation to a registered party, means with a view to promoting or procuring the election-
 
 
    (a) of existing or future candidates standing in the name of the party at any relevant election or any section of such candidates, or
 
    (b) of the party itself (in the case of such an election for which registered parties may be nominated),
  or in connection with generally enhancing the electoral prospects of such candidates, or the party itself, in relation to such elections.
 
      (5) In subsection (4) the reference to promoting or procuring the election (or generally enhancing the electoral prospects) of any such candidates as are mentioned in paragraph (a) of that subsection, or of the party itself,-
 
 
    (a) includes doing so by prejudicing the electoral prospects of any other candidates at the election or (as the case may be) of any other registered party, but
 
    (b) (subject to subsection (8)) does not include promoting or procuring the election of, or otherwise enhancing in any way the electoral prospects of, any particular candidate.
      (6) "Relevant election" has the same meaning as in Part II.
 
      (7) "Campaign expenditure" does not include-
 
 
    (a) anything which (in accordance with any enactment) falls to be returned as election expenses by a candidate at a particular election; or
 
    (b) anything which (in accordance with section 81(6) to (11) of the Representation of the People Act 1983) falls to be returned as election expenses by candidates at an election of the London members of the London Assembly.
      (8) In the case of a relevant election for which registered parties may be nominated (other than an election of the London members of the London Assembly) expenses incurred for the benefit of any particular candidate or candidates on any list of candidates submitted by the registered party in connection with that election shall be regarded as incurred with a view to promoting or procuring the election of the party itself.
 
      (9) In this section any reference to expenses incurred by or on behalf of a registered party includes expenses incurred by or on behalf of any accounting unit of the party.
 
Notional campaign expenditure.     68. - (1) Where-
 
 
    (a) any property, services or facilities is or are provided for the use or benefit of a registered party either-
 
      (i) free of charge, or
 
      (ii) at a discount of more than 10 per cent. of the market value of the property or (as the case may be) the commercial rate for its use or for the provision of the services or facilities; and
 
    (b) had its market value or that rate been payable by or on behalf of the party, the expenses incurred in that connection by or on behalf of the party would have constituted an amount of campaign expenditure for the purposes of this Part,
  then (subject to subsection (6)) an amount of campaign expenditure determined in accordance with this section, shall be treated for those purposes as incurred by the party, unless that amount is less than £200.
 
      (2) The amount mentioned in subsection (1) is-
 
 
    (a) where the property, services or facilities is or are provided free of charge, the market value of the property or, as the case may be, the commercial rate for its use or the provision of the services or facilities, or
 
    (b) where the property, services or facilities is or are provided at a discount, the difference between-
 
      (i) the market value or, as the case may be, the commercial rate there mentioned, and
 
      (ii) the amount of expenses actually incurred by or on behalf of the registered party in respect of the property, services or facilities.
      (3) Where the services of an employee are made available by his employer for the use and benefit of a registered party, then for the purposes of this section the amount which is to be taken as constituting the commercial rate for the provision of those services shall be the amount of the remuneration or allowances payable to the employee by his employer in respect of the period for which his services are made available (but shall not include any amount in respect of contributions or other payments for which the employer is liable in respect of the employee).
 
      (4) Where-
 
 
    (a) an amount of campaign expenditure is treated as incurred by a party under this section, and
 
    (b) that expenditure falls to be included in a return under section 75,
  the treasurer or a deputy treasurer of the party appointed under section 69 shall make a declaration of the value or (as the case may be) the difference mentioned in subsection (2).
 
      (5) A person commits an offence if he knowingly or recklessly makes a false declaration under subsection (4).
 
      (6) No amount of campaign expenditure shall be regarded as incurred by virtue of subsection (1) in respect of-
 
 
    (a) the transmission by a broadcaster of a party political broadcast;
 
    (b) any facilities provided in accordance with any right conferred on candidates or a party at an election by any enactment; or
 
    (c) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
      (7) In this section any reference to anything provided for the use or benefit of a registered party includes anything provided for the use or benefit of any accounting unit of the party.
 
Officers of registered party with responsibility for campaign expenditure.     69. - (1) The treasurer of a registered party may appoint, on such terms as he may determine, one or more deputy treasurers of the party for the purposes of this Part, but not more than 12 persons may hold such appointments at the same time.
 
      (2) The appointment of a person as deputy treasurer of a party is effective for those purposes once the treasurer has given the Commission a notification of the appointment which-
 
 
    (a) contains the name of the person so appointed and the address of his office; and
 
    (b) is accompanied by a declaration of acceptance of office signed by that person.
      (3) A person is not, however, eligible to be appointed as deputy treasurer of a registered party if, at any time within the last five years, he has been convicted of any offence under this Act or of any other offence committed in connection with a relevant election within the meaning of Part II or a referendum within the meaning of Part VII.
 
      (4) A person commits an offence if he accepts the office of deputy treasurer of a registered party when, by virtue of subsection (3), he is not eligible to be so appointed.
 
      (5) The treasurer of a registered party must notify the Commission as soon as possible if-
 
 
    (a) he has terminated the appointment of any of the deputy treasurers of the party for any reason;
 
    (b) a deputy treasurer dies; or
 
    (c) any change occurs in the address of the office of any deputy treasurer.
      (6) The name of any deputy treasurer of a registered party and the address of his office, as notified to the Commission in accordance with this section, shall be included in the party's entry in the register of political parties.
 
      (7) For the purposes of this Part-
 
 
    (a) the address of the treasurer of a registered party shall be regarded as being the registered address of the party; and
 
    (b) the address of any deputy treasurer of such a party shall be regarded as being the address for the time being registered in relation to him in accordance with subsection (6).
 
General restrictions relating to campaign expenditure
Restriction on incurring campaign expenditure.     70. - (1) No campaign expenditure shall be incurred by or on behalf of a registered party unless it is incurred with the authority of-
 
 
    (a) the treasurer of the party,
 
    (b) a deputy treasurer of the party, or
 
    (c) a person authorised in writing by the treasurer or a deputy treasurer.
      (2) A person commits an offence if, without reasonable excuse, he incurs any expenses in contravention of subsection (1).
 
Restriction on payments in respect of campaign expenditure.     71. - (1) No payment (of whatever nature) may be made in respect of any campaign expenditure incurred or to be incurred by or on behalf of a registered party unless it is made by-
 
 
    (a) the treasurer of the party,
 
    (b) a deputy treasurer of the party, or
 
    (c) a person authorised in writing by the treasurer or a deputy treasurer.
      (2) Any payment made in respect of any such expenditure by a person within any of paragraphs (a) to (c) of subsection (1) must be supported by an invoice and a receipt unless it is less than £100.
 
      (3) Where a person within paragraph (b) or (c) of subsection (1) makes a payment to which subsection (2) applies, he must-
 
 
    (a) deliver to the treasurer-
 
      (i) notification that he has made the payment, and
 
      (ii) the supporting invoice,
 
    as soon as possible after making the payment, and
 
    (b) deliver to the treasurer a receipt for the payment as soon as possible after receiving the receipt.
      (4) A person commits an offence if, without reasonable excuse-
 
 
    (a) he makes any payment in contravention of subsection (1), or
 
    (b) he contravenes subsection (3).
 
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