Part VI Controls relating to third party national election campaigns
Chapter I Preliminary
Recognised third parties
88 Third parties recognised for the purposes of this Part.
(1)
A third party is recognised for the purposes of this Part if—
(a)
the third party has given the Commission a notification under this subsection which complies with subsection (3), and
(b)
that notification is for the time being in force.
(2)
A third party may only give a notification under subsection (1) if the third party is—
(a)
an individual resident in the United Kingdom or registered in an electoral register (as defined by section 54(8)) F1who is not the responsible person in relation to another third party,
F2(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
a body falling within any of paragraphs (b) and (d) to (h) of section 54(2).
F3(ca)
a body incorporated by Royal Charter which does not fall within any of those paragraphs of section 54(2),
(cb)
a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or within the meaning of the Charities Act (Northern Ireland) 2008,
(cc)
a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), F4or
(cd)
a partnership constituted under the law of Scotland which carries on business in the United Kingdom,
F5(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
A notification under subsection (1) must—
(a)
if given by an individual, state—
(i)
his full name, and
(ii)
his home address in the United Kingdom, or (if he has no such address in the United Kingdom) his home address elsewhere,
F6(iii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and be signed by him;
F7(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
if given by a body falling within any of paragraphs (b) and (d) to (h) of section 54(2) F8... , state—
(i)
all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (10) of paragraph 2 of Schedule 6 to be given in respect of such a body as the donor of a recordable donation,
F9(ia)
in the case of a body falling within any of paragraphs (b) and (d) to (h) of section 54(2), the names of the relevant participators in relation to the body (see subsection (3B)), and
(ii)
the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter II,
and be signed by the body’s secretary or a person who acts in a similar capacity in relation to the body.
F10(d)
if given by a body falling within any of paragraphs (ca) to (cd) of subsection (2), state—
(i)
the relevant details in relation to the body (see subsection (3C)), and
(ii)
the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter 2,
and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.
F11(3A)
A notification given by a third party does not comply with the requirement in subsection F12(3)(c)(ii) or (d)(ii) (to state the name of the person who will be responsible for compliance) if the person whose name is stated is—
(a)
the responsible person in relation to another third party,
(b)
an individual who gives a notification under subsection (1) at the same time, or
(c)
the person whose name is stated, in purported compliance with the requirement in subsection (3)(b)(iii) F13, (c)(ii) or (d)(ii), in a notification given at the same time by another third party.
In this subsection “the person”, in relation to a notification to which subsection (3)(c) F14or (d) applies, is to be read as “the person or officer”.
F15(3B)
For the purposes of subsection (3)(c), the “relevant participators” in relation to a body are—
(a)
in the case of a body falling with section 54(2)(b) (companies), the body's directors;
(b)
in the case of a body falling within section 54(2)(d) (trade unions), the body's officers (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992: see section 119 of that Act);
(c)
in the case of a body falling within section 54(2)(e) (building societies), the body's directors;
(d)
in the case of a body falling within section 54(2)(f) (limited liability partnerships), the body's members;
(e)
in the case of a body falling within section 54(2)(g) (friendly societies etc)—
(i)
where the body is a friendly society, the members of the body's committee of management;
(ii)
otherwise, the members of the body's committee of management or other directing body;
(f)
in the case of a body falling within section 54(2)(h) (unincorporated associations)—
(i)
where the body has more than 15 members and has officers or a governing body, those officers or the members of that governing body;
(ii)
otherwise, the body's members.
(3C)
For the purposes of subsection (3)(d), the “relevant details” in relation to a body are—
(a)
in the case of a body falling within subsection (2)(ca) (body incorporated by Royal Charter)—
(i)
the name of the body,
(ii)
the address of its main office in the United Kingdom, and
(iii)
the names of its officers or the members of its governing body;
(b)
in the case of a body falling within subsection (2)(cb) or (cc) (charitable incorporated organisation)—
(i)
the name of the body,
(ii)
the address of its principal office, and
(iii)
the names of its charity trustees within the meaning of the Charities Act 2011, the Charities Act (Northern Ireland) 2008 or the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);
(c)
in the case of a body falling within subsection (2)(cd) (Scottish partnership)—
(i)
the name of the body,
(ii)
the address of its main office in the United Kingdom, and
(iii)
the names of the partners.
F16(3D)
A notification given under subsection (1) by a third party so as to be subject to the lower-tier expenditure limits must contain a statement to that effect.
(4)
Subject to the following provisions of this section, a notification under subsection (1) (“the original notification”)—
(a)
shall be in force as from the date on which it is received by the Commission, but
(b)
shall, subject to subsection (5), lapse at the end of the period of three months beginning with any anniversary of that date unless the third party notifies the Commission that the third party wishes the original notification to continue in force.
(5)
Where—
(a)
the original notification would apart from this subsection lapse under subsection (4)(b) at the end of any such period of three months as is mentioned in that provision, but
(b)
the end of that period falls within any regulated period at the end of which a return will fall to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of the third party during the regulated period,
the original notification shall be treated, for all purposes connected with controlled expenditure so incurred during the regulated period, as lapsing at the end of that period instead.
(6)
A notification under subsection (4)(b) (“the renewal notification”) must either—
(a)
confirm that all the statements F17within subsection (3) contained in the original notification, as it has effect for the time being, are accurate; or
F20(6A)
In a case where the original notification, as it has effect for the time being, contains a statement within subsection (3D), the renewal notification must either—
(a)
confirm that the statement is to continue to have effect, or
(b)
indicate that the statement is withdrawn.
(7)
A notification under subsection (4)(b) must be received by the Commission during the period beginning one month before the relevant anniversary for the purposes of that provision and ending three months after it.
(8)
A third party may, at any time after giving the original notification, give the Commission a notification (“a notification of alteration”) indicating that—
F21(a)
any statement within subsection (3) that is contained in the original notification, as it has effect for the time being, is replaced by some other statement conforming with that subsection that is contained in the notification of alteration, or
(b)
any statement within subsection (3D) that is contained in the original notification, as it has effect for the time being, is withdrawn.
F22(9)
The Secretary of State may by order amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly), by—
(a)
adding a description of third party to the list in that subsection,
(b)
removing a description of third party from that list, or
(c)
varying the description of a third party in that list.