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

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SCHEDULE 5
 
  ACCOUNTING UNITS: APPLICATION OF ACCOUNTING REQUIREMENTS
 
Introductory
     1. - (1) This Schedule provides for the application of sections 39 to 46 in a case where a registered party is a party with accounting units.
 
      (2) For the purposes of this Schedule all or any of the following are financial matters relating to a party or (as the case may be) an accounting unit, namely-
 
 
    (a) its transactions and financial position; and
 
    (b) its assets and liabilities.
      (3) For the purposes of this Schedule, and any provision as applied by this Schedule, an accounting unit's financial year is the same as that of the party.
 
      (4) In this Schedule "treasurer", in relation to an accounting unit, means the person specified in the Great Britain or Northern Ireland register as the unit's treasurer.
 
      (5) If any question arises under this Schedule as to whether, in relation to any matter, anything falls to be done by the treasurer of a party or by the treasurer of an accounting unit, it shall be determined by the Commission.
 
 
Accounting records
     2. - (1) Section 39-
 
 
    (a) shall not impose any duty on the treasurer of the party in relation to any financial matters relating to any accounting unit; but
 
    (b) shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the keeping and preservation of proper accounting records with respect to financial matters relating to the unit.
      (2) In its application in relation to an accounting unit, section 39(5) shall be read as if the reference to the last treasurer of the party were to the last treasurer of the unit.
 
 
Annual statements of accounts
     3. - (1) Section 40-
 
 
    (a) shall not impose any duty on the treasurer of the party in relation to any financial matter relating to any accounting unit; but
 
    (b) shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the preparation, in respect of each financial year, of a statement of accounts relating to financial matters relating to the unit.
      (2) In its application in relation to any such statement of accounts, section 40(2)(b) shall be read as requiring approval-
 
 
    (a) by the management committee of the unit, if there is one; and
 
    (b) otherwise by an officer of the unit other than its treasurer.
      (3) In its application in relation to a party with accounting units or (as the case may be) to any accounting unit, section 40(4)(a) shall be read as if the reference to the gross income or total expenditure of the party were-
 
 
    (a) to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or
 
    (b) to the gross income or total expenditure of the unit,
       as the case may be.
 
 
Annual audits
     4. - (1) Section 41 shall apply in relation to any accounting unit and its treasurer as it applies in relation to the party and its treasurer.
 
      (2) In its application in relation to the party or (as the case may be) to any accounting unit, section 41(1) or (2) shall be read as if the reference to the gross income or total expenditure of the party were-
 
 
    (a) to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or
 
    (b) to the gross income or total expenditure of the unit,
       as the case may be.
 
 
Supplementary provisions about auditors
     5. - (1) Section 42 shall apply in relation to any accounting unit and the treasurer, or any other officer, of any such unit as it applies in relation to the party and the treasurer, or any other officer, of the party.
 
      (2) In sub-paragraph (1) any reference to a treasurer or other officer includes a former treasurer or other officer.
 
 
Submission of statements of accounts etc. to Commission
     6. - (1) In the case of any accounting unit whose gross income or total expenditure in a financial year exceeds £25,000, section 43 shall (except so far as it relates to any notification under section 30) apply in relation to the accounting unit and the treasurer of the unit as it applies in relation to the party and the treasurer of the party.
 
      (2) If the Commission in the case of any other accounting unit at any time so require by notice in relation to any financial year, the treasurer of the unit shall no later than the relevant date send the Commission-
 
 
    (a) the statement of accounts prepared for that year in accordance with paragraph 3 above, and
 
    (b) if the unit's accounts for that year have been audited in accordance with paragraph 4 above, a copy of the auditor's report.
      (3) In sub-paragraph (2) "the relevant date" means-
 
 
    (a) if the unit's accounts for the financial year are not required to be audited in accordance with paragraph 4 above, the end of the period of three months from the end of that year or (if later) the end of the period of 30 days beginning with the day when the requirement under sub-paragraph (2) is imposed;
 
    (b) if the unit's accounts for that year are required to be so audited, the end of the period of six months from the end of that year or (if later) the end of the period of three months beginning with the date when the requirement under sub-paragraph (2) is imposed.
      (4) If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this paragraph for sending a unit's documents within sub-paragraph (2) for any financial year, by notice extend that period by a further period specified in the notice.
 
      (5) Any reference to section 43 in any of sections 44 to 46 (as they apply in accordance with this Schedule) shall be read as including a reference to sub-paragraph (2) above.
 
 
Public inspection of parties' statements of accounts
     7. Section 44 shall apply in relation to any statement of accounts received by the Commission from an accounting unit as it applies in relation to a statement of accounts received by them from the party.
 
 
Criminal penalty for failure to submit proper statement of accounts etc.
     8. - (1) Subject to sub-paragraph (2), section 45 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.
 
      (2) In a case where paragraph 6(2) applies-
 
 
    (a) subsection (4) of section 45 shall not apply, and
 
    (b) the relevant period for the purposes of that section (as it applies in accordance with sub-paragraph (1) above) shall instead be the period allowed by paragraph 6(2) and (3) for sending the statement of accounts or auditor's report to the Commission or, if that period has been extended under paragraph 6(4), that period as so extended.
 
Revision of statement of accounts
     9. - (1) Subject to sub-paragraph (2), section 46 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.
 
      (2) In its application in relation to any such unit-
 
 
    (a) section 46(7) shall have effect with the omission of the reference to the registered leader of the party; and
 
    (b) section 46(8) shall accordingly have effect with the omission of paragraphs (a) and (b) and all references to the registered leader of the party.
 
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