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

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Financial limits
General restriction on referendum expenses.     112. - (1) The total referendum expenses incurred by or on behalf of any individual or body during the referendum period in the case of a particular referendum to which this Part applies must not exceed £10,000 unless the individual or body is a permitted participant.
 
      (2) Where-
 
 
    (a) during the referendum period any referendum expenses are incurred by or on behalf of any individual in excess of the limit imposed by subsection (1), and
 
    (b) he is not a permitted participant,
  he is guilty of an offence if he knew, or ought reasonably to have known, that the expenses were being incurred in excess of that limit.
 
      (3) Where-
 
 
    (a) during the referendum period any referendum expenses are incurred by or on behalf of any body in excess of the limit imposed by subsection (1), and
 
    (b) the body is not a permitted participant,
  any person who authorised the expenses to be incurred by or on behalf of the body is guilty of an offence if he knew, or ought reasonably to have known, that the expenses would be incurred in excess of that limit.
 
      (4) Where subsection (3)(a) and (b) apply, the body in question is also guilty of an offence.
 
Special restrictions on referendum expenses by permitted participants.     113. - (1) Schedule 13 has effect for imposing, in connection with a referendum to which this Part applies, limits on referendum expenses incurred by or on behalf of permitted participants during the referendum period in the case of that referendum.
 
      (2) Where any referendum expenses are incurred by or on behalf of a permitted participant during any such period in excess of any limit imposed by Schedule 13, then-
 
 
    (a) if the permitted participant is a registered party falling within section 100(1)(a)-
 
      (i) the treasurer or any deputy treasurer of the party is guilty of an offence if he authorised any expenses to be incurred by or on behalf of the party and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and
 
      (ii) the party is also guilty of an offence;
 
    (b) if the permitted participant is an individual falling within 100(1)(b), that individual is guilty of an offence if he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit;
 
    (c) if the permitted participant is a company falling within 100(1)(b)-
 
      (i) the responsible person is guilty of an offence if he authorised any expenses to be incurred by or on behalf of the company and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and
 
      (ii) the company is also guilty of an offence;
 
    (d) if the permitted participant is an unincorporated association falling within section 100(1)(b)-
 
      (i) the responsible person is guilty of an offence if he authorised any expenses to be incurred by or on behalf of the association and he knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, and
 
      (ii) the association is also guilty of an offence.
      (3) It shall be a defence for a permitted participant or other person charged with an offence under subsection (2) to show-
 
 
    (a) that any code of practice for the time being issued under paragraph 6 of Schedule 12 was complied with in determining the items and amounts of referendum expenses to be entered in the relevant return under section 115, and
 
    (b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.
 
Donations to permitted participants
Control of donations to permitted participants.     114. Schedule 14 has effect for controlling donations to permitted participants other than registered parties.
 
 
Returns
Returns as to referendum expenses.     115. - (1) Where-
 
 
    (a) any referendum expenses are incurred by or on behalf of a permitted participant during any referendum period (within the meaning of section 98), and
 
    (b) that period ends,
  the responsible officer shall make a return under this section in respect of the referendum expenses incurred by or on behalf of the permitted participant during that period.
 
      (2) A return under this section must specify the referendum to which the expenditure relates and must contain-
 
 
    (a) a statement of all payments made in respect of referendum expenses incurred by or on behalf of the permitted participant during the referendum period in question;
 
    (b) a statement of all disputed claims (within the meaning of section 111);
 
    (c) a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to a court under section 110(4); and
 
    (d) except where the permitted participant is a registered party, a statement of relevant donations received in respect of the referendum which complies with the requirements of paragraphs 9 and 10 of Schedule 14.
      (3) A return under this section must be accompanied by-
 
 
    (a) all invoices and receipts relating to the payments mentioned in subsection (2)(a); and
 
    (b) in the case of any referendum expenses treated as incurred by virtue of section 107, any declaration falling to be made with respect to those expenses in accordance with subsection (3) of that section.
      (4) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
 
      (5) In this section "relevant donations" has the same meaning as in Schedule 14.
 
Auditor's report on return.     116. - (1) Where during any referendum period the referendum expenses incurred by or on behalf of a permitted participant exceed £250,000, a report must be prepared by a qualified auditor on the return prepared under section 115 in respect of those expenses.
 
      (2) The following provisions, namely-
 
 
    (a) section 39(6) and (7), and
 
    (b) section 40,
  shall apply in relation to the appointment of an auditor to prepare a report under subsection (1) or (as the case may be) an auditor so appointed as they apply in relation to the appointment of an auditor to carry out an audit under section 39 or (as the case may be) an auditor so appointed.
 
 
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