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Political Parties, Elections and Referendums Act 2000

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[F1SCHEDULE 6AU.K.Details to be given in transaction reports

This Atodlen has no associated Nodiadau Esboniadol

Textual Amendments

F1Sch. 6A inserted (11.9.2006 for E.W.S. for specified purposes, 1.1.2007 for N.I. for specified purposes, 1.7.2008 for N.I. for specified purposes, 15.9.2014 for N.I. in so far as not already in force) by Electoral Administration Act 2006 (c. 22), ss. 61(5), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2006/3412, art. 4 (subject to art. 6, Sch. 2); S.I. 2008/1656, art. 2 (subject to art. 3, Sch.); S.I. 2014/1809, art. 2

PreliminaryU.K.

1(1)In this Schedule—U.K.

(a)“quarterly report” means a report required to be prepared by virtue of section 71M;

(b)“weekly report” means a report required to be prepared by virtue of section 71Q;

and “recordable transaction”, in relation to a quarterly or weekly report, means a transaction required to be recorded in that report.

(2)References in this Schedule to a registered party must, in the case of a party with accounting units, be read as references to the central organisation of the party.

Prospective

[F2Declaration as to whether residence etc condition satisfiedU.K.

Textual Amendments

F2Sch. 6A para. 1A and preceding cross-heading inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 11(3), 43

1AU.K.In relation to each recordable transaction in the case of which a declaration under section 71HZA has been given, a quarterly report must either—

(a)state that no reason was found to think that the declaration was incorrect, or

(b)give details of any respects in which the declaration was found or suspected to be incorrect.]

Identity of authorised participants: quarterly reportsU.K.

2(1)In relation to each recordable transaction [F3(other than one to which paragraph 2A applies)], a quarterly report must give the following information about each authorised participant (other than the registered party deriving the benefit of the transaction) that is required by any of sub-paragraphs (2) to (10).U.K.

(2)In the case of an individual the report must give his full name and—

(a)if his address is, at the date the transaction is entered into, shown in an electoral register (within the meaning of section 54) [F4or the Gibraltar register], that address, and

(b)otherwise, his home address (whether in the United Kingdom or elsewhere).

(3)Sub-paragraph (2) applies in the case of an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983 [F5or corresponding provisions forming part of the law of Gibraltar]) as if for paragraphs (a) and (b) there were substituted “ state that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) ”.

(4)In the case of a company falling within section 54(2)(b) [F6or section 54(2A)(b)] the report must give—

(a)the company's registered name,

(b)the address of its registered office, and

(c)the number with which it is registered.

(5)In the case of a registered party the report must give—

(a)the party's registered name, and

(b)the address of its registered headquarters.

(6)In the case of trade union falling within section 54(2)(d) [F7or section 54(2A)(d)] the report must give—

(a)the name of the union, and

(b)the address of its head or main office,

as shown in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 [F8or as registered in accordance with the Trade Unions and Trade Disputes Act].

(7)In the case of a building society within the meaning of the Building Societies Act 1986 F9... the report must give—

(a)the name of the society, and

(b)the address of its principal office.

(8)In the case of a F10... partnership falling within section 54(2)(f) [F11or section 54(2A)(f)] the report must give—

(a)the partnership's registered name, and

(b)the address of its registered office.

(9)In the case of a friendly or other registered society falling within section 54(2)(g) the report must give—

(a)the name of the society, and

(b)the address of its registered office.

(10)In the case of an unincorporated association falling within section 54(2)(h) [F12or section 54(2A)(g)] the report must give—

(a)the name of the association, and

(b)the address of its main office in the United Kingdom [F13or Gibraltar, as the case may be].

Textual Amendments

Modifications etc. (not altering text)

[F142AU.K.(1) In relation to each recordable transaction that is an Irish transaction a quarterly report must comply with the following requirements of this paragraph in relation to each authorised participant (other than the registered party deriving the benefit of the transaction).

(2)“Irish transaction” means a transaction which is entered into in reliance on section 71Z1(1)(a) or (b) (extension of categories of authorised participants in relation to Northern Ireland participants).

(3)The report must record the fact that the transaction is an Irish transaction.

(4)In the case of a participant who is an Irish citizen the report must also—

(a)give the participant's full name, and

(b)be accompanied by one of the following documents—

(i)a copy of the participant's Irish passport certified by the Department of Foreign Affairs of Ireland;

(ii)a copy of the participant's certificate of nationality certified by the Department of Foreign Affairs of Ireland; or

(iii)a copy of the participant's certificate of naturalisation certified by the Department of Foreign Affairs of Ireland.

(5)In the case of a participant who is a company the report must also give—

(a)the company's registered name;

(b)the address of its registered office; and

(c)the number with which it is registered.

(6)In the case of a participant who is a political party the report must also give—

(a)the party's registered name; and

(b)the address of its registered headquarters.

(7)In the case of a participant who is a trade union the report must also give—

(a)the name of the trade union; and

(b)the address of its head or main office.

(8)In the case of a participant who is a building society the report must also give—

(a)the name of the society; and

(b)the address of its principal office.

(9)In the case of a participant who is a limited liability partnership the report must also give—

(a)the partnership's registered name; and

(b)the address of its registered office.

(10)In the case of a participant who is a friendly society [F15, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969,] the report must also give—

(a)the name of the society; and

(b)the address of its registered office.

(11)In the case of a participant who is an unincorporated association the report must also—

(a)give the name of the association;

(b)give the address of its main office in Ireland; and

(c)be accompanied by a statement made by a firm of solicitors currently practising in Ireland confirming the name and address of the association and the fact that it is an unincorporated association.]

Textual Amendments

F15Words in Sch. 6A para. 2A(10) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 78 (with Sch. 5)

Identity of authorised participants: weekly reportsU.K.

3(1)In relation to each recordable transaction, a weekly report must give all such details of the name and address of each authorised participant (other than the registered party deriving the benefit from the transaction) as are for the time being known to the party.U.K.

(2)In the case of a participant who is an individual having an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983 [F16or corresponding provisions forming part of the law of Gibraltar]) instead of giving details of the address of the individual the party must state that it has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an entry.

[F17(3)This paragraph does not apply in relation to a recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)).]

Textual Amendments

[F183A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)), a weekly report must—

(a)give all such details of the name of each authorised participant who is a party to the transaction (other than the registered party deriving the benefit from the transaction) as are for the time being known to the registered party; and

(b)record the fact that the transaction is an Irish transaction.]

Textual Amendments

Identity of unauthorised participantsU.K.

4[F19(1)]In relation to each recordable transaction to which a person who is not an authorised participant is a party, a quarterly or weekly report must give—U.K.

(a)the name and address of the person;

(b)the date when, and the manner in which, the transaction was dealt with in accordance with subsections (3) to (5) of section 71I or those subsections as applied by section 71I(6) or 71J(2).

[F20(2)This paragraph does not apply in relation to a recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)).]

Textual Amendments

[F214A In relation to each recordable transaction that is an Irish transaction (within the meaning given by paragraph 2A(2)) to which a person who is not an authorised participant is a party, a quarterly or weekly report must—

(a)give the name of the person;

(b)record the fact that the transaction is an Irish transaction; and

(c)give the date when, and the manner in which, the transaction was dealt with in accordance with subsections (3) to (5) of section 71I or those subsections as applied by section 71I(6) or 71J(2).]

Textual Amendments

Details of transactionU.K.

5(1)In relation to each recordable transaction a report must give the following details about the transaction.U.K.

(2)A quarterly or weekly report must give the nature of the transaction (that is to say, whether it is a loan, a credit facility or an arrangement by which any form of security is given).

(3)A quarterly or weekly report must give the value of the transaction (determined in accordance with section 71G) or, in the case of a credit facility or security to which no limit is specified, a statement to that effect.

(4)A quarterly or weekly report must give the relevant date for the transaction (determined in accordance with paragraph 8).

(5)If the requirement to record the transaction arises only because the value of the transaction has, for the purposes of section 71M(4) or (7), been aggregated with the value of any relevant donation or donations (within the meaning of section 62), a quarterly report must contain a statement to that effect.

(6)A quarterly report must—

(a)state whether the transaction was entered into by the registered party or any accounting unit of the party, or

(b)in the case of a transaction to which section 71M(12) applies, indicate that it is a transaction which falls to be treated as made to the party by virtue of that provision.

Modifications etc. (not altering text)

C2Sch. 6A para. 5 modified (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, sch. 3 para. 58(2)(3)(a)(b)

6(1)In relation to each recordable transaction of a description mentioned in section 71F(2) or (3), a quarterly or weekly report must give the following details about the transaction.U.K.

(2)The report must give—

(a)the date when the loan is to be repaid or the facility is to end (or a statement that the loan or facility is indefinite), or

(b)where that date is to be determined under the agreement, a statement of how it is to be so determined.

(3)The report must give—

(a)the rate of interest payable on the loan or on sums advanced under the facility (or a statement that no interest is payable), or

(b)where that rate is to be determined under the agreement, a statement of how it is to be so determined.

(4)The report must state whether the agreement contains a provision which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility.

(5)The report must state whether any form of security is given in respect of the loan or the sums advanced under the facility.

7(1)In relation to each recordable transaction of a description mentioned in section 71F(4)(b), a quarterly or weekly report must give the following details about the transaction.U.K.

(2)The report must—

(a)if the transaction mentioned in section 71F(4)(a) is a regulated transaction, identify that transaction by reference to the transaction report in which it is recorded;

(b)in any other case, give a description of the principal features of that transaction.

(3)Where the security given consists in or includes rights over any property, the report must state the nature of that property.

(4)The report must—

(a)if the person giving the security receives from the registered party any consideration for giving the security, give a statement of that consideration;

(b)in any other case, state that no such consideration is received.

8(1)For the purposes of paragraph 5(4) as it applies to a quarterly report, [F22but subject to sub-paragraphs (1A) and (1B),] the relevant date for a transaction is—U.K.

(a)if the transaction is within section 71M(4)(a) or (7)(a), the date when the transaction was entered into by the party or the accounting unit;

(b)if the transaction is within section 71M(4)(b) or (7)(b), the date when the party or the accounting unit entered into the transaction which caused the aggregate amount in question to be more than the limit specified in that provision.

[F23(1A)For the purposes of paragraph 5(4) as it applies to a quarterly report in respect of a period beginning on or after 1 January 2018, the relevant date for a transaction to which this sub-paragraph applies is the date on which the transaction was entered into.

(1B)Sub-paragraph (1A) applies to a transaction which—

(a)is entered into by a Northern Ireland participant, or an accounting unit of a Northern Ireland participant, before 1 July 2017, and

(b)is within section 71M(9).

(1C)In this Schedule, “Northern Ireland participant” means a party registered in the Northern Ireland register.]

(2)For the purposes of paragraph 5(4) as it applies to a weekly report, the relevant date for a transaction is the date when the transaction was entered into by the party or its central organisation as mentioned in section 71Q(3).

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 6A para. 8(1) modified (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, sch. 3 para. 58(2)(3)(c)

[F248A(1)This paragraph applies where information about a change of a kind mentioned in section 71Z4(A3)(a) to a transaction to which a Northern Ireland participant, or an accounting unit of a Northern Ireland participant, is a party is supplied in a quarterly report in respect of a period beginning on or after 1 January 2018.U.K.

(2)The report must state the date on which the change took effect.

(3)Where the transaction was entered into before 1 January 2014, the report must state that fact.]

Textual Amendments

Other detailsU.K.

9(1)The Secretary of State may by order amend paragraphs 2 to 7 so as to vary the details which a quarterly or weekly report must give about a transaction.U.K.

(2)The Secretary of State must not make an order under sub-paragraph (1) unless he first consults the Commission.]

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