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

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  CHAPTER II
  FINANCIAL CONTROLS
 
Referendum expenses
Referendum expenses.     106. - (1) The following provisions have effect for the purposes of this Part.
 
      (2) "Referendum expenses", in relation to a referendum to which this Part applies, means expenses incurred by or on behalf of any individual or body which are either-
 
 
    (a) expenses falling within Part I of Schedule 12 and incurred for referendum 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) "For referendum purposes" means-
 
 
    (a) in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to any question asked in the referendum, or
 
    (b) otherwise in connection with promoting or procuring any such outcome.
      (4) "Referendum campaign" means a campaign such as is mentioned in subsection (3)(a); and "campaign organiser", in relation to referendum expenses, means the individual or body by whom or on whose behalf the expenses are incurred.
 
Notional referendum expenses.     107. - (1) Where-
 
 
    (a) any property, services or facilities is or are provided for the use or benefit of any individual or body 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 that individual or body, the expenses incurred in that connection by or on behalf of the individual or body would have constituted an amount of referendum expenses for the purposes of this Part,
  then (subject to subsection (5)) an amount of referendum expenses, determined in accordance with this section, shall be treated for those purposes as incurred by that individual or body, 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 that individual or body 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 an individual or body, 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 referendum expenses is treated as incurred by an individual or body under this section, and
 
    (b) that individual or body is a permitted participant,
  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).
 
      (6) No amount of referendum expenses shall be regarded as incurred by virtue of subsection (1) in respect of-
 
 
    (a) the transmission by a broadcaster of a referendum campaign broadcast (within the meaning of section 122);
 
    (b) the provision of any rights conferred on a designated organisation (or persons authorised by such an organisation) by virtue of section 105(4) and Schedule 11; or
 
    (c) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.
 
General restrictions relating to referendum expenses incurred by permitted participants
Restriction on incurring referendum expenses.     108. - (1) No amount of referendum expenses shall be incurred by or on behalf of a permitted participant unless it is incurred with the authority of-
 
 
    (a) the responsible person; or
 
    (b) a person authorised in writing by the responsible person.
      (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 referendum expenses.     109. - (1) No payment (of whatever nature) may be made in respect of any referendum expenses incurred or to be incurred by or on behalf of a permitted participant unless it is made by-
 
 
    (a) the responsible person, or
 
    (b) a person authorised in writing by the responsible person.
      (2) Any payment made in respect of any such expenses by a person within paragraph (a) or (b) 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) of subsection (1) makes a payment to which subsection (2) applies, he must-
 
 
    (a) deliver to the responsible person-
 
      (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 responsible person 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).
Restriction on making claims in respect of referendum expenses.     110. - (1) A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant shall not be payable if the claim is not sent, together with the relevant invoice, to-
 
 
    (a) the responsible person, or
 
    (b) any other person authorised under section 108 to incur the expenses,
  within the period of 21 days beginning with the date on which the expenses were incurred.
 
      (2) Any claim sent in accordance with subsection (1) shall be paid within the period of 42 days beginning with the date mentioned in that subsection.
 
      (3) A person commits an offence if, without reasonable excuse-
 
 
    (a) he pays any claim which by virtue of subsection (1) is not payable, or
 
    (b) he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
      (4) In the case of any claim to which subsection (1) applies-
 
 
    (a) the person making the claim, or
 
    (b) the person with whose authority the expenses in question were incurred,
  may apply to the High Court or a county court or, in Scotland, to the Court of Session or the sheriff for leave for the claim to be paid although sent in after the end of the period mentioned in that subsection; and the court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
 
      (5) Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.
 
      (6) Subsections (6) to (9) of section 72 shall apply for the purposes of this section as if-
 
 
    (a) any reference to subsection (1), (2) or (4) of that section were a reference to subsection (1), (2) or (4) above; and
 
    (b) any reference to campaign expenditure were a reference to referendum expenses.
Disputed claims.     111. - (1) This section applies where-
 
 
    (a) a claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant is sent to-
 
      (i) the responsible person, or
 
      (ii) any other person with whose authority it is alleged that the expenditure was incurred,
 
    within the period allowed under section 110(1); and
 
    (b) the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 110(2);
  and the claim is referred to in this section as "the disputed claim".
 
      (2) The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 110(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
 
      (3) Where in proceedings in Scotland the defender admits liability but disputes the amount of the claim, the amount due shall be determined in such manner and in accordance with such procedure as is prescribed by Act of Sederunt.
 
      (4) Subsections (4) to (7) of section 72 shall apply in relation to an application made by the person mentioned in subsection (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim sent in after the period allowed under section 72(1).
 
 
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