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

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  PART VI
  CONTROLS RELATING TO THIRD PARTY NATIONAL ELECTION CAMPAIGNS
  CHAPTER I
  PRELIMINARY
 
Controlled expenditure by third parties
Controlled expenditure by third parties.     80. - (1) The following provisions have effect for the purposes of this Part.
 
      (2) "Controlled expenditure", in relation to a third party, means (subject to section 82) expenses incurred by or on behalf of the third party in connection with the production and publication of material-
 
 
    (a) addressed to the public at large, or any section of the public, and
 
    (b) designed to promote or procure the election, at any relevant election, of-
 
      (i) candidates standing in the name of a particular registered party,
 
      (ii) candidates who hold (or do not hold) particular opinions or advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates, or
 
      (iii) (in the case of an election for which registered parties may be nominated) a particular registered party or registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties.
      (3) Any reference to material designed to promote or procure the election of candidates or any registered party or parties at any relevant election includes a reference to material which can reasonably be regarded as intended to enhance the electoral prospects of those candidates or the party or parties at any such election, whether-
 
 
    (a) by increasing electoral support for the candidates or the party or parties, or
 
    (b) by prejudicing electoral support for other candidates or (as the case may be) any other registered party at the election;
  and for the purpose of determining whether material is so designed (including whether it falls within paragraph (a) or (b) above) it is immaterial that it does not contain the names of any candidates or (as the case may be) the name of any registered party.
 
      (4) "Recognised third party" means a third party for the time being recognised under section 83 for the purposes of this Part.
 
      (5) "Relevant election" has the same meaning as in Part II.
 
      (6) "Responsible person", in relation to a recognised third party, means-
 
 
    (a) the person or officer for the time being notified to the Commission by the third party in accordance with section 83(2)(b)(iv) or (c)(iii); or
 
    (b) where the third party is an individual, that individual.
      (7) "Third party", in relation to any relevant election, means-
 
 
    (a) any person or body other than a registered party; or
 
    (b) any registered party to whom no limit imposed by Schedule 8 applies in relation to the election by virtue of section 74(3).
Notional controlled expenditure.     81. - (1) Where-
 
 
    (a) any property, services or facilities is or are provided for the use or benefit of a third 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) of 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 third party, the expenses incurred in that connection by or on behalf of the third party would have constituted an amount of controlled expenditure for the purposes of this Part,
  an amount of controlled expenditure, determined in accordance with this section, shall be treated for those purposes as incurred by that third 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 third 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 third 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 and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).
 
      (4) Where-
 
 
    (a) an amount of controlled expenditure is treated as incurred by the third party under this section, and
 
    (b) the third party is required to include that expenditure in a return under section 91,
  the responsible person 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).
 
Expenditure by third parties which is not controlled expenditure.     82. - (1) No amount of controlled expenditure shall be regarded as incurred by a third party by virtue of section 80 or 81 in respect of-
 
 
    (a) any of the matters mentioned in subsection (2); or
 
    (b) any property, services or facilities to the extent that the property, services or facilities is or are used (otherwise than by the third party) in circumstances in which-
 
      (i) an amount of campaign expenditure is to be regarded as incurred by or on behalf of a registered party for the purposes of Part V, or
 
      (ii) an amount of election expenses is to be regarded as incurred by or on behalf of a candidate for the purposes of any enactment,
 
    in respect of that use.
      (2) The matters mentioned in subsection (1)(a) are-
 
 
    (a) the publication of any matter relating to an election, other than an advertisement, in-
 
      (i) a newspaper or periodical,
 
      (ii) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or
 
      (iii) a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996;
 
    (b) any reasonable personal expenses incurred by an individual in travelling or in providing for his accommodation or other personal needs; and
 
    (c) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
 
Recognised third parties
Third parties recognised for the purposes of this Part.     83. - (1) A third party is recognised for the purposes of this Part if-
 
 
    (a) the third party has given the Commission a notification under this subsection which complies with subsection (3), and
 
    (b) that notification is for the time being in force.
      (2) A third party may only give a notification under subsection (1) if-
 
 
    (a) an individual,
 
    (b) a company falling within section 49(2)(b), or
 
    (c) an unincorporated association of such a description as is mentioned in section 49(2)(f).
      (3) A notification under subsection (1) must-
 
 
    (a) if given by an individual, state-
 
      (i) his full name, and
 
      (ii) his home address in the United Kingdom,
 
    and be signed by him;
 
    (b) if given by a company, state-
 
      (i) the company's registered name,
 
      (ii) the address of its registered office,
 
      (iii) the number with which it is registered, and
 
      (iv) the name of the person or officer who will be responsible for compliance on the part of the company with the provisions of Chapter II,
 
    and be signed by the company secretary;
 
    (c) if given by an unincorporated association, state-
 
      (i) the name of the association,
 
      (ii) the address of an office of the association in the United Kingdom, and
 
      (iii) the name of the person or officer who will be responsible for compliance on the part of the association with the provisions of Chapter II,
 
    and be signed by the person who acts as secretary to the association.
      (4) Subject to the following provisions of this section, a notification under subsection (1) ("the original notification")-
 
 
    (a) shall be in force as from the relevant notification date, but
 
    (b) shall, subject to subsection (5), lapse at the end of the period of three months beginning with any anniversary of that date unless the third party notifies the Commission that the third party wishes the original notification to continue in force.
      (5) Where-
 
 
    (a) the original notification would apart from this subsection lapse under subsection (4)(b) at the end of any such period of three months as is mentioned in that provision, but
 
    (b) the end of that period falls within any regulated period at the end of which a return will fall to be prepared under section 91 in respect of controlled expenditure incurred by or on behalf of the third party during the regulated period,
  the original notification shall be treated, for all purposes connected with controlled expenditure so incurred during the regulated period, as lapsing at the end of that period instead.
 
      (6) A notification under subsection (4)(b) ("the renewal notification") must either-
 
 
    (a) confirm that all the statements contained in the original notification, as it has effect for the time being, are accurate; or
 
    (b) indicate that any statement contained in that notification, as it so has effect, is replaced by some other statement conforming with subsection (3).
      (7) A notification under subsection (4)(b) must be received by the Commission during the period beginning one month before the relevant anniversary for the purposes of that provision and ending three months after it.
 
      (8) A third party may, at any time after giving the original notification, give the Commission a notification ("a notification of alteration") indicating that any statement contained in the original notification, as it has effect for the time being, is replaced by some other statement-
 
 
    (a) contained in the notification of alteration, and
 
    (b) conforming with subsection (3).
      (9) In this section "the relevant notification date" means, in relation to a notification under subsection (1) or (4)(b), the date on which the notification is received by the Commission.
 
Register of notifications for purposes of section 83.     84. - (1) The Commission shall maintain a register of all notifications given to them under section 83(1) which are for the time being in force.
 
      (2) The register shall be maintained by the Commission in such form as they may determine and shall contain, in the case of each such notification, all the information contained in the notification as it has effect for the time being in accordance with section 83.
 
      (3) Where any notification is given to the Commission under section 83, they shall cause all the information contained in the notification, or (as the case may be) any new information contained in it, to be entered in the register as soon as is reasonably practicable.
 
      (4) The information to be entered in the register in respect of a third party who is an individual shall, however, not include his home address.
 
 
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