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Political Parties, Elections and Referendums Act 2000, Section 94E is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies if—
(a)controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),
(b)the expenditure exceeds a targeted expenditure limit (to any extent), and
(c)at the time the expenditure is incurred—
(i)the third party is not authorised by the registered party to incur expenditure targeted at it, or
(ii)the third party is so authorised, but the expenditure exceeds a cap specified in the authorisation (to any extent).
(2)If the third party is not an individual—
(a)the responsible person is guilty of an offence if the person authorised the expenditure to be incurred by or on behalf of the third party and the person knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit, and
(b)the third party is also guilty of an offence.
(3)If the third party is an individual, the third party is guilty of an offence if the third party knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit.
(4)It is a defence for a third party charged with an offence under subsection (2) or (3) to show—
(a)that any code of practice for the time being issued under paragraph 3 of Schedule 8A was complied with in determining whether any expenditure is controlled expenditure for the purposes of this Part, and
(b)that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.]
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