Political Parties, Elections and Referendums Act 2000

Returns U.K.

80 Returns as to campaign expenditure. U.K.

(1) For the purposes of this section—

(a) “the relevant campaign period”, in relation to any limit imposed by Schedule 9, is the period in relation to which the limit is so imposed; and

(b) a part of the United Kingdom is a “relevant” part, in relation to any limit imposed by Schedule 9, if the limit applies to campaign expenditure which (within the meaning of that Schedule) is incurred in that part.

(2) Where—

(a) any limit imposed by Schedule 9 applies to campaign expenditure incurred by or on behalf of a registered party during the relevant campaign period, and

(b) that period ends,

the treasurer of the party shall prepare a return under this section in respect of campaign expenditure incurred by or on behalf of the party during that period in any relevant part or parts of the United Kingdom.

(3) A return under this section must specify the poll for the relevant election (or, as the case may be, the polls for the relevant elections) that took place during the relevant campaign period, and must contain—

(a) a statement of all payments made in respect of campaign expenditure incurred by or on behalf of the party during the relevant campaign period in the relevant part or parts of the United Kingdom;

(b) a statement of all disputed claims (within the meaning of section 78) of which the treasurer is aware; and

(c) a statement of all the unpaid claims (if any) of which the treasurer is aware in respect of which an application has been made, or is about to be made, to a court under section 77(4).

(4) A return under this section must be accompanied by—

(a) all invoices or receipts relating to the payments mentioned in subsection (3)(a); and

(b) in the case of any campaign expenditure treated as incurred by the party by virtue of section 73, any declaration falling to be made with respect to that expenditure in accordance with section 73(6).

(5) Where, however, any payments or claims falling to be dealt with in a return by virtue of subsection (3) have already been dealt with in an earlier return under this section—

(a) it shall be sufficient for the later return to deal with those payments or claims by specifying overall amounts in respect of them; and

(b) the requirement imposed by subsection (4) does not apply to any invoices, receipts or declarations which accompanied the earlier return and are specified as such in the later return.

(6) The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.

Commencement Information

I1 S. 80 wholly in force at 16.2.2001; s. 80 partly in force at Royal Assent, see s. 163(3); s. 80 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

81 Auditor’s report on return. U.K.

(1) Where during a relevant campaign period the campaign expenditure incurred by or on behalf of a registered party in the relevant part or parts of the United Kingdom exceeds £250,000, a report must be prepared by a qualified auditor on the return prepared under section 80 in respect of that expenditure.

(2) The following provisions, namely—

(a) section 43(6) and (7), and

(b) section 44,

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 43 or (as the case may be) an auditor so appointed.

(3) Subsection (1) of section 80 applies for the purposes of this section as it applies for the purposes of section 80.

Commencement Information

I2 S. 81 wholly in force at 16.2.2001; s. 81 not in force at Royal Assent, see s. 163(2); s. 81 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

82 Delivery of returns to the Commission. U.K.

(1) Where—

(a) any return falls to be prepared under section 80, and

(b) an auditor’s report on it falls to be prepared under section 81(1),

the treasurer of the party shall deliver the return to the Commission, together with a copy of the auditor’s report, within six months of the end of the relevant campaign period.

(2) In the case of any other return falling to be prepared under section 80, the treasurer of the party shall deliver the return to the Commission within three months of the end of the relevant campaign period.

(3) Where, after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 77(4) for any claim to be paid, the treasurer of the party in question shall, within seven days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave.

(4) The treasurer of a registered party commits an offence if, without reasonable excuse, he—

(a) fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies;

(b) delivers a return which does not comply with the requirements of section 80(3) or (4); or

(c) fails to comply with the requirements of subsection (3) in relation to a return under that subsection.

Commencement Information

I3 S. 82 wholly in force at 16.2.2001; s. 82 not in force at Royal Assent, see s. 163(2); s. 82 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

83 Declaration by treasurer as to return under section 80. U.K.

(1) Each return under section 80 must, when delivered to the Commission, be accompanied by a declaration which complies with subsection (2) and is signed by the treasurer.

(2) The declaration must state—

(a) that the treasurer has examined the return in question; and

(b) that to the best of his knowledge and belief—

(i) it is a complete and correct return as required by law, and

(ii) all expenses shown in it as paid have been paid by him or a deputy treasurer of the party or a person authorised under section 76.

(3) A person commits an offence if—

(a) he knowingly or recklessly makes a false declaration under this section; or

(b) subsection (1) is contravened at a time when he is treasurer of the registered party to which the return relates.

Commencement Information

I4 S. 83 wholly in force at 16.2.2001; s. 83 not in force at Royal Assent, see s. 163(2); s. 83 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

84 Public inspection of returns under section 80. U.K.

(1) Where the Commission receive any return under section 80, they shall—

(a) as soon as reasonably practicable after receiving the return, make a copy of the return, and of any documents accompanying it, available for public inspection; and

(b) keep any such copy available for public inspection for the period for which the return or other document is kept by them.

(2) At the end of the period of two years beginning with the date when any return or other document mentioned in subsection (1) is received by the Commission—

(a) they may cause the return or other document to be destroyed; but

(b) if requested to do so by the treasurer of the party concerned, they shall arrange for the return or other document to be returned to the treasurer.

Commencement Information

I5 S. 84 wholly in force at 16.2.2001; s. 84 not in force at Royal Assent, see s. 163(2); s. 84 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)