Companies Act 1985

F1 347A Introductory provisions. E+W+S

(1) This Part has effect for controlling—

(a) contributions and other donations made by companies to registered parties and other EU political organisations; and

(b) EU political expenditure incurred by companies.

(2) The following provisions have effect for the purposes of this Part, but subsections (4) and (7) have effect subject to section 347B.

(3) “Director” includes shadow director.

(4) “Donation”, in relation to an organisation, means anything that would constitute a donation for the purposes of Part IV of the Political Parties, Elections and Referendums Act 2000 in accordance with sections 50 to 52 of that Act (references in those sections to a registered party being read as applying equally to an organisation which is not such a party); and—

(a) subsections (3) to (8) of section 50 of that Act shall apply, with any necessary modifications, for the purpose of determining whether something is a donation to an organisation for the purposes of this Part as they apply for the purpose of determining whether something is a donation to a registered party for the purposes of Part IV of that Act; and

(b) section 53 of that Act shall similarly apply for the purpose of determining, for the purposes of this Part, the value of any donation.

(5) “EU political expenditure”, in relation to a company, means any expenditure incurred by the company—

(a) in respect of the preparation, publication or dissemination of any advertising or any other promotional or publicity material—

(i) of whatever nature, and

(ii) however published or otherwise disseminated,

which, at the time of publication or dissemination, is capable of being reasonably regarded as intended to affect public support for any EU political organisation, or

(b) in respect of any activities on the part of the company such as are mentioned in subsection (7)(b) or (c).

(6) “EU political organisation” means—

(a) a registered party; or

(b) any other organisation to which subsection (7) applies.

(7) This subsection applies to an organisation if—

(a) it is a political party which carries on, or proposes to carry on, activities for the purpose of or in connection with the participation of the party in any election or elections to public office held in a member State other than the United Kingdom;

(b) it carries on, or proposes to carry on, activities which are capable of being reasonably regarded as intended to affect public support for—

(i) any registered party,

(ii) any other political party within paragraph (a), or

(iii) independent candidates at any election or elections of the kind mentioned in that paragraph; or

(c) it carries on, or proposes to carry on, activities which are capable of being reasonably regarded as intended to influence voters in relation to any national or regional referendum held under the law of any member State.

(8) “Organisation” includes any body corporate and any combination of persons or other unincorporated association.

(9) “Registered party” means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000.

(10) “The relevant time”, in relation to any donation or expenditure made or incurred by a company or subsidiary undertaking, means—

(a) the time when the donation or expenditure is made or incurred; or

(b) if earlier, the time when any contract is entered into by the company or undertaking in pursuance of which the donation or expenditure is made or incurred.

(11) “Subsidiary undertaking” has the same meaning as in Part VII.

Textual Amendments

F1 Pt. XA (ss. 347A-347K) inserted (16.2.2001) by 2000 c. 41, s. 139, Sch. 19 (with s. 156(6), Sch. 3 para. 12); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)