Political Finance Database

United Kingdom

United Kingdom

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

BLANK

Source

Foreigners cannot make donations since they are not listed as permissible donors, except where they support international travel, accommodation or subsistence by party officers/staff (as long as the amount is 'reasonable').

2)For the purposes of this Part the following are permissible donors—

(a)an individual registered in an electoral register;

(b)a company—

(i)registered under the Companies Act 2006], and

(ii)incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c)a registered party, other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d)a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

(e)a building society (within the meaning of the Building Societies Act 1986);

(f)a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;

(g)a friendly society registered under the Friendly Societies Act 1974 [F4, 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; and

(h)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there. Source: Article 54, Political Parties and Referendums Act, 2000

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

Donations to candidates largely follow the same rules as to political parties. Contributions to candidates below 50 GBP can be anonymous and can therefore be made by foreign interests.

Source

1)The Representation of the People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted—

“ Donations to candidates

71A Control of donations to candidates.

(1)In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a)by any person other than the candidate or his election agent, and

(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2)Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3)A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4)Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5)In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.”

(3)The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.

(4)The amendments made by this section do not have effect in relation to local government elections in Scotland. Source: Article 130, Political Parties and Referendums Act, 2000

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

BLANK

Source

2)For the purposes of this Part the following are permissible donors—

(a)an individual registered in an electoral register;

(b)a company—

(i)registered under the Companies Act 2006], and

(ii)incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c)a registered party, other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d)a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

(e)a building society (within the meaning of the Building Societies Act 1986);

(f)a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;

(g)a friendly society registered under the Friendly Societies Act 1974 [F4, 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; and

(h)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there. Source: Article 54, Political Parties and Referendums Act, 2000

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

BLANK

Source

1)The Representation of the People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted—

“ Donations to candidates

71A Control of donations to candidates.

(1)In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a)by any person other than the candidate or his election agent, and

(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2)Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3)A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4)Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5)In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.”

(3)The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.

(4)The amendments made by this section do not have effect in relation to local government elections in Scotland.

Source: Article 130, Political Parties and Referendums Act, 2000

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Source

2)For the purposes of this Part the following are permissible donors—

(a)an individual registered in an electoral register;

(b)a company—

(i)registered under the Companies Act 2006], and

(ii)incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c)a registered party, other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d)a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

(e)a building society (within the meaning of the Building Societies Act 1986);

(f)a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;

(g)a friendly society registered under the Friendly Societies Act 1974 [F4, 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; and

(h)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there. Source: Article 54, Political Parties and Referendums Act, 2000

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

permissable donor: (d)a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

Source

2)For the purposes of this Part the following are permissible donors—

(a)an individual registered in an electoral register;

(b)a company—

(i)registered under the Companies Act 2006], and

(ii)incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c)a registered party, other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d)a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

(e)a building society (within the meaning of the Building Societies Act 1986);

(f)a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;

(g)a friendly society registered under the Friendly Societies Act 1974 [F4, 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; and

(h)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there. Source: Article 54, Political Parties and Referendums Act, 2000

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

BLANK

Source

(1) A donation received by a registered party must not be accepted by the party if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or

(b) thepartyis(whetherbecausethedonationisgivenanonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.

Source: Article 54, Political Parties and Referendums Act, 2000

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

BLANK

Source

(1) A relevant donation received by a candidate or his election agent must not be accepted if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 54(2) of the 2000 Act; or

(b) the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation. Source: Schedule 6(1)Political Parties and Referendums Act, 2000

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

BLANK

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

BLANK

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

BLANK

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
Comment

BLANK

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No
Comment

BLANK

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
Yes, for both natural and legal persons
Comment

BLANK

Source

(1) The following provisions have effect for the purposes of this Part.

(2) “Donation”, in relation to a registered party, means (subject to section 52)—

(a) any gift to the party of money or other property;

(b) any sponsorship provided in relation to the party (as defined by section 51);

(c) any subscription or other fee paid for affiliation to, or membership of, the party;

(d) any money spent(otherwisethanbyoronbehalfoftheparty)in paying any expenses incurred directly or indirectly by the party;

(e) any money lent to the party other wise than on commercial terms;

(f) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the party (including the services of any person).    Source: Article 50, Political Parties and Referendums Act, 2000

 

(1) The treasurer of a registered party shall, in the case of each year, prepare a report under this subsection in respect of each of the following periods—

(a) January to March;

(b) April to June;

(c) July to September;

(d) October to December.

(2) In this section—

“donation report” means a report prepared under subsection (1);

“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates.

(3) The donation reports for any year shall, in the case of each permissible donor from whom any donation is accepted by the party during that year, comply with the following provisions of this section so far as they require any such donation to be recorded in a donation report; and in those provisions any such donation is referred to, in relation to the donor and that year, as a “relevant donation”.

(4) Where no previous relevant donation or donations has or have been required to be recorded under this subsection, a relevant donation must be recorded—

(a) if it is a donation of more than £5,000, or

(b) if,whenitisaddedtoanyotherrelevantdonationordonations, the aggregate amount of the donations is more than £5,000.

(5) A donation to which subsection (4) applies must—

Quarterly donation reports.

Political Parties, Elections and Referendums Act 2000 c. 41

(a) (if within paragraph (a) of that subsection) be recorded in the donation report for the reporting period in which it is accepted, or

(b) (if within paragraph (b) of that subsection) be recorded (as part of the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £5,000 is accepted.

(6) Where any previous relevant donation or donations has or have been required to be recorded under subsection (4), a relevant donation must be recorded at the point when there has or have been accepted—

(a) since the donation or donations required to be recorded under subsection (4), or

(b) if any relevant donation or donations has or have previously been required to be recorded under this subsection, since the donation or donations last required to be so recorded,

any relevant donation or donations of an amount or aggregate amount which is more than £1,000.

(7) Adonationtowhichsubsection(6)appliesonanyoccasionmust—

(a) ifitistheonlydonationrequiredtoberecordedonthatoccasion, be recorded in the donation report for the reporting period in which it is accepted, or

(b) in any other case be recorded (as part of the aggregate amount mentioned in that subsection) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £1,000 is accepted.

(8) For the purposes of subsections (4) to (7) as they apply in relation to any year—

(a) each payment to which section 55(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and

(b) each payment to which section 55(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year;

and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report.

(9) A donation report must also record every donation falling within section 54(1)(a) or (b) and dealt with during the reporting period in accordance with section 56(2).

(10) If during any reporting period—

(a) no donations have been accepted by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the donation report for that period, and

(b) no donations have been dealt with as mentioned in subsection (9),

the report shall contain a statement to that effect. Source: Article 62, Political Parties and Referendums Act, 2000

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
No data
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

BLANK

Source

1)The Representation of the People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted—

“ Donations to candidates

71A Control of donations to candidates.

(1)In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a)by any person other than the candidate or his election agent, and

(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2)Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3)A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4)Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5)In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.”

(3)The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.

(4)The amendments made by this section do not have effect in relation to local government elections in Scotland. Source: Article 130, Political Parties and Referendums Act, 2000

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
Comment

BLANK

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

BLANK

Source

1)The Representation of the People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted—

“ Donations to candidates

71A Control of donations to candidates.

(1)In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a)by any person other than the candidate or his election agent, and

(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2)Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3)A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4)Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5)In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.”

(3)The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.

(4)The amendments made by this section do not have effect in relation to local government elections in Scotland. Source: Article 130, Political Parties and Referendums Act, 2000

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
No data
Comment

BLANK

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, specific limit for candidates
Comment

BLANK

Source

(1) Section 76 of the Representation of the People Act 1983 (limitation of election expenses) shall be amended as follows.

(2) For subsection (1) there shall be substituted—

“(1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.”

(3) Insubsection(1A)forthewordsfrom“subsection”onwardsthere shall be substituted “any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).”

(4) After subsection (1A) there shall be inserted—

“(1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) above or prescribed by order under subsection (2A) above, any candidate or election agent who—

(a) incurred, or authorised the incurring of, the election expenses, and

(b) kneworoughtreasonablytohaveknownthattheexpenses would be incurred in excess of that maximum amount,

shall be guilty of an illegal practice.”

(5) Insubsection(2),forparagraph(aa)(maximumamountincaseof candidate at parliamentary by-election) there shall be substituted— “(aa) for a candidate at a parliamentary by-election, £100,000;”.                                                                                   

6) The amendments made by this section do not have effect in relation to local government elections in Scotland.

Source: Article 132, Political Parties and Referendums Act, 2000

21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

BLANK

Source

(1) “Donation”, in relation to a regulated donee, means (subject to paragraph 4)—

(a) any gift to the donee of money or other property;

(b) any sponsorship provided in relation to the donee (as defined by paragraph 3);

(c) anymoneyspent(otherwisethanbyoronbehalfofthedonee)inpaying any expenses incurred directly or indirectly by the donee;

(d) any money lent to the donee otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the donee (including the services of any person);

(f) (wherethedoneeisamembersassociation)anysubscriptionorotherfee paid for affiliation to, or membership of, the donee.

(2) Where—

(a) any money or other property is transferred to a regulated donee pursuant to any transaction or arrangement involving the provision by or on behalf of the donee of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the donee is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the donee for the purposes of sub-paragraph (1)(a).

(3) In determining—

(a) for the purposes of sub-paragraph (1)(d) whether any money lent to a regulated donee is so lent otherwise than on commercial terms, or

(b) forthepurposesofsub-paragraph(1)(e)whetheranyproperty,services or facilities provided for the use or benefit of a regulated donee is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the donee in respect of the loan or the provision of the property, services or facilities.

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.

(5) Anything given or transferred to any officer, member, trustee or agent of a members association in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the association (and references to donations received by a regulated donee accordingly include, in the case of a members association, donations so given or transferred).

(6) In this paragraph—

(a) any reference to anything being given or transferred to a regulated donee or any other person is a reference to its being so given or transferred either directly or indirectly through any third person;

(b) “gift” includes bequest.

Source: Article 2, Political Parties and Referendums Act, 2000

22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

BLANK

Source

1)The Representation of the People Act 1983 shall be amended as follows.

(2) After section 71 there shall be inserted—

“ Donations to candidates

71A Control of donations to candidates.

(1)In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a)by any person other than the candidate or his election agent, and

(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2)Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3)A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4)Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5)In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.”

(3)The provisions set out in Schedule 16 shall be inserted as Schedule 2A to that Act.

(4)The amendments made by this section do not have effect in relation to local government elections in Scotland. Source: Article 130, Political Parties and Referendums Act, 2000

23. Is there a ban on political parties engaging in commercial activities?
Code
No
Comment

It is unclear in the Political Parties, Elections and Referendums Act 2000

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

 

It is unclear in the Political Parties, Elections and Referendums Act 2000

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

 

It is unclear in the Political Parties, Elections and Referendums Act 2000

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No data
Comment

BLANK

27. Are there provisions requiring donations to go through the banking system?
Code
No
Comment
BLANK
Source

Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account. Source:  Article 56 (6), Political Parties and Referendums Act, 2000

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, regularly
Comment

BLANK

Source

The process for receiving the grant : Eligible parties must submit an application outlining their planned/intended policy development activities for the coming year. We review the application and if we approve it we advance up to 75% of their grant allocation.At the end of the year parties submit a final cost report detailing their actual activities and expenditure. We visit the parties and review evidence that the policy activity eligible for support from PDG payments did take place, and also the evidence of expenditure so that the PDG money can be verified. We will then pay or recover any amounts owing or recoverable depending on the outcome of these reviews.It is common practice for parties to present evidence of spending on eligible activities in excess of their grant allocation both to ensure they receive the full amount and, for completeness to avoid having to select policy development activities not to claim for. The grant payable however is capped at their allocation. Source: Commission  at the webpage https://www.electoralcommission.org.uk/find-information-by-subject/political-parties-campaigning-and-donations/public-funding-for-parties

 

2)For the purposes of this Part the following are permissible donors—

(a)an individual registered in an electoral register;

(b)a company—

(i)registered under the Companies Act 2006], and

(ii)incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c)a registered party, other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d)a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

(e)a building society (within the meaning of the Building Societies Act 1986);

(f)a limited liability partnership registered under the Limited Liability Partnerships Act 2000, or any corresponding enactment in force in Northern Ireland, which carries on business in the United Kingdom;

(g)a friendly society registered under the Friendly Societies Act 1974 [F4, 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; and

(h)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there. Source: Article 54, Political Parties and Referendums Act, 2000

 

(4)For the purposes of this Schedule the political activities of a party member or (as the case may be) of a members association include, in particular—

(a)promoting or procuring the election of any person to any position in, or to any committee of, the party in question;

(b)promoting or procuring the selection of any person as the party’s candidate for election to a relevant elective office; and

(c)promoting or developing policies with a view to their adoption by the party;

and in the application of paragraph (a) or (b) to a party member the reference to any person includes that member. Source: Schedule 7 (4), Political Parties and Referendums Act, 2000

29. What are the eligibility criteria for political parties to receive public funding?
Code
Representation in elected body
Comment

BLANK

Source

The total grant is £2 million per year and distributed via a formula based on representation and performance at national and devolved legislature elections. To be eligible for the grant, a party must have at least two sitting Members of the House of Commons and have taken the oath of allegiance provided by the Parliamentary Oaths Act 1866.                                               There are also public funds paid by other bodies.

These are:

    Short Money, paid by the House of Commons

    Cranborne Money, paid by the House of Lords

    Assistance to registered political parties, paid by the Scottish parliament

Source: https://www.electoralcommission.org.uk/find-information-by-subject/political-parties-campaigning-and-donations/public-funding-for-parties

30. What is the allocation calculation for political parties to receive public funding?
Code
No data
Comment

BLANK

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
  • Campaign spending
  • Research and policy initiatives
  • Other
Comment

"Some donations appear on the register as being from the Electoral Commission. These are Policy Development Grants, which were established by the Political Parties, Elections and Referendums Act 2000 for parties represented in the Commons by two or more sitting members. The grants are intended to assist parties in developing the policies that they will present in an election manifesto. The legislation provides the total sum of £2 million annually for this purpose."  (Electoral Commission UK, 2018)

 

Other:

1.—(1) Financial assistance to assist an opposition party in carrying out its Parliamentary Business shall be available …

 

2.—(1) … financial assistance towards travelling and associated expenses necessarily incurred by an opposition party’s spokesmen in relation to the party’s parliamentary business shall be available …

 

3.—(1) Financial assistance shall be available for the costs necessarily incurred in the running of the Leader of the Opposition’s Office …

 

4. Any claims for financial assistance towards travelling expenses under paragraph 2 are to be made to the Accounting Officer of the House; and a party claiming such assistance shall

(a) Furnish that Officer with a statement of the facts on which the claim is based;

(b) Certify to that Officer that the expenses which are claimed have been incurred exclusively in relation to the party’s parliamentary business in accordance with this resolution.

House of Commons, Votes and Proceedings, 26 May 1999

Source

UK Electoral Commission 2018: https://www.electoralcommission.org.uk/latest-figures-political-party-donations-and-loans-published-0 

 

Other: House of Commons, Votes and Proceedings, 26 May 1999

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Comment

There is a long-standing ban on political advertising on TV amd radio in the UK. Instead, free airtime is provided in the form of short party election broadcasts, which allow qualifying parties an opportunity to communicate directl with the electorate. OFCOM sets the allocation of time. 

Source

Communications Act 2003

Party Political Broadcasts on Television and Radio

333Party political broadcasts

(1)The regulatory regime for every licensed public service channel, and the regulatory regime for every national radio service, includes—

(a)conditions requiring the inclusion in that channel or service of party political broadcasts and of referendum campaign broadcasts; and

(b)conditions requiring that licence holder to observe such rules with respect to party political broadcasts and referendum campaign broadcasts as may be made by OFCOM.

(2)The rules made by OFCOM for the purposes of this section may, in particular, include provision for determining—

(a)the political parties on whose behalf party political broadcasts may be made;

(b)in relation to each political party on whose behalf such broadcasts may be made, the length and frequency of the broadcasts; and

(c)in relation to each designated organisation on whose behalf referendum campaign broadcasts are required to be broadcast, the length and frequency of such broadcasts.

(3)Those rules are to have effect subject to sections 37 and 127 of the Political Parties, Elections and Referendums Act 2000 (c. 41) (only registered parties and designated organisations to be entitled to party political broadcasts or referendum campaign broadcasts).

(4)Rules made by OFCOM for the purposes of this section may make different provision for different cases.

(5)Before making any rules for the purposes of this section, OFCOM must have regard to any views expressed by the Electoral Commission.

(6)In this section—

  • “designated organisation”, in relation to a referendum, means a person or body designated by the Electoral Commission under section 108 of the Political Parties, Elections and Referendums Act 2000 (c. 41) in respect of that referendum;
  • “national radio service” means a national service within the meaning of section 245 of this Act; and
  • “referendum campaign broadcast” has the meaning given by section 127 of that Act.

Source: http://www.legislation.gov.uk/ukpga/2000/41/contents

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Other
Comment

Proportionate access: "Distribution of party-political and election broadcasts among the various parties is determined on an ad hoc basis by the BBC and OFCOM (the UK broadcasting regulator) with regard to the views of the Electoral Commission. For example, in 2001, the broadcasters decided that only political parties that fielded candidates in at least one-sixth of the parliamentary seats would be eligible for a broadcast allowance" .

Source
34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

Candidates have the right to free postage on one election communication to voters in their constituency.

Source
35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

BLANK

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No data
Comment

BLANK

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No data
Comment

BLANK

Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

BLANK

Source

5)A voter shall be guilty of bribery if before or during an election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.                                                                                                                                                                                       (6)A person shall be guilty of bribery if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting. Source: Article 113 (5)(6),  Representation of the People Act, 1983

39. Are there limits on the amount a political party can spend?
Code
Yes
Comment

BLANK

Source

Source: Part V Control of campaign expenditure,Political Parties and Referendums Act, 2000

40. If there are limits on the amount a political party can spend, what is the limit?
Code
£30,000 per constituency or £810,000 (England), £120,000 (Scotland) and £60,000 ] (Wales), £30,000 per constituency in Northern Ireland
Comment

BLANK

Source

(2) Where a registered party contests one or more constituencies in England, Scotland or Wales, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of Great Britain is—

(a) £30,000 multiplied by the number of constituencies contested by the party in that part of Great Britain; or

(b) if greater, the appropriate amount specified in sub-paragraph (3).

(3) The appropriate amount is—
(a) in relation to England, £810,000;
(b) in relation to Scotland, £120,000; and (c) in relation to Wales, £60,000.

(4) Where a registered party contests one or more constituencies in Northern Ireland, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in Northern Ireland is £30,000 multiplied by the number of constituencies contested by the party there. Source: Schedule 9 ,Political Parties and Referendums Act, 2000

41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

BLANK

Source

(2)That maximum amount is—

(a)for a candidate at a parliamentary general election, being an election]—

(i)in a county constituency, [£7,150] together with an additional [7p] for every entry in the register of electors and

(ii)in a borough constituency, [£7,150] together with an additional [5p] for every entry in the register of electors 

[(aa)for a candidate at a parliamentary by-election, £100,000;]

(b)for a candidate at a local government election [other than an Authority election]—

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)at any other local government election, [£600] together with an additional [5p] for every entry in the register of electors . . ..

[(2A)As respects Authority elections, each of the following, that is to say—

(a)the maximum amount for a candidate in an election of the Mayor of London,

(b)the maximum amount for a candidate in an election of a constituency member of the London Assembly,

(c)the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,

(d)the maximum amount for the purposes of subsection (1A) above,

shall be such as the Secretary of State may prescribe in an order made by statutory instrument.

(2B)An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.]

(5)The maximum amount mentioned above for a candidate at a parliamentary election [or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] is not required to cover the candidate’s personal expenses.

(6)Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election. Source: Article 76, Representation of the People Act, 1983

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
No data
43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit for party/candidate includes spending by other on their behalf
Comment

BLANK

Source

(8) “Third party”, in relation to any relevant election, means— (a) any person or body other than a registered party; or
(b) subject to subsection (9), any registered party.Source: Article 85 ,Political Parties and Referendums Act, 2000

 

 

(3) Subsection (4) applies where—

(a) during a regulated period any controlled expenditure is incurred in a part of the United Kingdom by or on behalf of a third party in excess of the limit for that part of the United Kingdom mentioned in subsection (5), and

(b) the third party is not a recognised third party.

(4) In such a case—
(a) if the third party is not an individual—

(i) any person who authorised the expenditure to be incurred by or on behalf of the third party is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and

(ii) the third party is also guilty of an offence;

(b) if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.

(5) The limits referred to in subsection (3) are as follows—
(a) £10,000 for England; and
(b) £5,000 for each of Scotland, Wales and Northern Ireland. Source: Article 94 ,Political Parties and Referendums Act, 2000

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No data
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No data
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No data
Comment

BLANK

Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

BLANK

Source

(1) The treasurer of a registered party shall, in the case of each year, prepare a report under this subsection in respect of each of the following periods—

(a) January to March;
(b) April to June;
(c) July to September;
(d) October to December.

(2) In this section—

“donation report” means a report prepared under subsection (1);

“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates.

(3) The donation reports for any year shall, in the case of each permissible donor from whom any donation is accepted by the party during that year, comply with the following provisions of this section so far as they require any such donation to be recorded in a donation report; and in those provisions any such donation is referred to, in relation to the donor and that year, as a “relevant donation”.

(4) Where no previous relevant donation or donations has or have been required to be recorded under this subsection, a relevant donation must be recorded—

(a) if it is a donation of more than £5,000, or

(b) if,whenitisaddedtoanyotherrelevantdonationordonations, the aggregate amount of the donations is more than £5,000.

(5) A donation to which subsection (4) applies must—

(a) (if within paragraph (a) of that subsection) be recorded in the donation report for the reporting period in which it is accepted, or

(b) (if within paragraph (b) of that subsection) be recorded (as part of the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £5,000 is accepted.

(6) Where any previous relevant donation or donations has or have been required to be recorded under subsection (4), a relevant donation must be recorded at the point when there has or have been accepted—

(a) since the donation or donations required to be recorded under subsection (4), or

(b) if any relevant donation or donations has or have previously been required to be recorded under this subsection, since the donation or donations last required to be so recorded,

any relevant donation or donations of an amount or aggregate amount which is more than £1,000.

(7) Adonationtowhichsubsection(6)appliesonanyoccasionmust—

(a) ifitistheonlydonationrequiredtoberecordedonthatoccasion, be recorded in the donation report for the reporting period in which it is accepted, or

(b) in any other case be recorded (as part of the aggregate amount mentioned in that subsection) in the donation report for the reporting period in which the donation which causes that aggregate amount to be more than £1,000 is accepted.

(8) For the purposes of subsections (4) to (7) as they apply in relation to any year—

(a) each payment to which section 55(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and

(b) each payment to which section 55(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year;

and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report.

(9) A donation report must also record every donation falling within section 54(1)(a) or (b) and dealt with during the reporting period in accordance with section 56(2).

(10) If during any reporting period—

(a) no donations have been accepted by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the donation report for that period, and

(b) no donations have been dealt with as mentioned in subsection (9),

the report shall contain a statement to that effect.

(11) Where a registered party is a party with accounting units, subsections (3) to (10) shall apply separately in relation to the central organisation of the party and each of its accounting units—

(a) as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but

(b) with the substitution, in relation to such an accounting unit, of “£1,000” for “£5,000” in each place where it occurs in subsections (4) and (5).

(12) However, for the purposes of subsections (3) to (7) in their application in relation to the central organisation and any year by virtue of subsection (11), any donation—

(a) which is accepted from a permissible donor by any of the accounting units during that year, but

(b) which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a donation accepted by the accounting unit,

shall be treated as a donation accepted from the donor during that year by the central organisation.

(13) Schedule 6 has effect with respect to the information to be given in donation reports. Source: Article 62 ,Political Parties and Referendums Act, 2000

 

 

63.—(1) Subject to section 64, the treasurer of a registered party shall, in the case of any general election period, prepare a report under this section in respect of each of the following periods—

(a) the period of seven days beginning with the first day of the general election period;

(b) each succeeding period of seven days falling within the general election period; and

(c) anyfinalperiodoflessthansevendaysfallingwithinthatperiod.

(2) In this section—

“weekly report” means a report prepared under subsection (1);

“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates.

(3) The weekly report for any reporting period shall record each donation of more than £5,000 received during that period—

(a) by the party (if it is not a party with accounting units); or

(b) by the central organisation of the party (if it is a party with accounting units).

(4) If during any reporting period no donations falling within subsection (3) have been received as mentioned in that subsection, the weekly report for that period shall contain a statement to that effect.

(5) Schedule 6 has effect with respect to the information to be given in weekly reports.

(6) In this section and section 64 “general election period” means the period—

(a) beginning with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b) ending with the date of the poll. Source: Article 63 ,Political Parties and Referendums Act, 2000

 

(1) A donation report under section 62 shall be delivered to the Commission by the treasurer of the party in question within the period of 30 days beginning with the end of the reporting period to which it relates.

(2) A donation report under section 63 shall be delivered to the Commission by the treasurer of the party in question—

(a) within the period of 7 days beginning with the end of the reporting period to which it relates; or

(b) (if that is not possible in the case of any party to which section 63(1) applies by virtue of section 64(5)) within the period of 7 days beginning with the first day on which the party has a candidate at the election in question.

(3) Thetreasurerofaregisteredpartycommitsanoffenceifhefailsto comply with the requirements of subsection (1) or (2) in relation to a donation report.

(4) The treasurer of a registered party also commits an offence if he delivers a donation report to the Commission which does not comply with any requirements of this Part as regards the recording of donations in such a report.

(5) Where a person is charged with an offence under this section, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any such requirements were complied with in relation to donations received by the party during the relevant reporting period.

(6) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to a registered party was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the party of an amount equal to the value of the donation.

(7) The following provisions, namely—
(a) subsections (3) to (5) of section 58, and (b) sections 59 and 60,

shall apply for the purposes, or in connection with the operation, of subsection (6) above as they apply for the purposes, or in connection with the operation, of section 58.

(8) Section 64(9) applies for the purposes of this section. Source: Article 65 ,Political Parties and Referendums Act, 2000

 

(1) This section applies where a person (“the donor”) has during the course of a calendar year made small donations to a registered party whose aggregate value is more than £5,000.

(2) ThedonormustmakeareporttotheCommissioninrespectofthe donations which gives the following details—

(a) the aggregate value of the donations and the year in which they were made;

(b) the name of the registered party to whom they were made; and

(c) the full name and address of the donor (if an individual) and (in any other case) such details in respect of the donor as are required by virtue of paragraph 2 of Schedule 6 to be given in respect of the donor of a recordable donation.

(3) The report must be delivered to the Commission by 31st January in the year following that in which the donations were made.

(4) The report must, when delivered to the Commission, be accompanied by a declaration by the donor stating—

(a) thatsmalldonationswhoseaggregatevaluewasthatspecifiedin the report were made by him to the specified registered party during the specified year, and

(b) that no other small donations were made by him to that party during that year.

(5) A person commits an offence if—
(a) he delivers a report under this section which does not comply

with subsection (2); or

(b) hefailstodeliversuchareportinaccordancewithsubsection(3) or such a report, when delivered by him, is not accompanied by a declaration under subsection (4); or

(c) he knowingly or recklessly makes a false declaration under that subsection.

(6) In this section—

(a) “small donation” means a donation whose value is not more than £200; and

(b) “specified” means specified in the report in question. Source: Article 65 ,Political Parties and Referendums Act, 2000

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

BLANK

Source

(1) Subject to section 64, the treasurer of a registered party shall, in the case of any general election period, prepare a report under this section in respect of each of the following periods—

(a) the period of seven days beginning with the first day of the general election period;

(b) each succeeding period of seven days falling within the general election period; and

(c) anyfinalperiodoflessthansevendaysfallingwithinthatperiod.

(2) In this section—

“weekly report” means a report prepared under subsection (1);

“reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates. (a) beginning with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b) ending with the date of the poll.

(3) The weekly report for any reporting period shall record each donation of more than £5,000 received during that period—

(a) by the party (if it is not a party with accounting units); or

(b) by the central organisation of the party (if it is a party with accounting units).

(4) If during any reporting period no donations falling within subsection (3) have been received as mentioned in that subsection, the weekly report for that period shall contain a statement to that effect.

(5) Schedule 6 has effect with respect to the information to be given in weekly reports.

(6) In this section and section 64 “general election period” means the period—Source: Article 63,Political Parties and Referendums Act, 2000

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

BLANK

Source
 The candidate’s election agent must include in any return required to be delivered under section 81 of this Act a statement of relevant donations which complies with paragraphs 11 and 12 below. Source:  Article 10, Schedule 16 ,Political Parties and Referendums Act, 2000
50. Do third parties have to report on election campaign finances?
Code
Yes
Comment

BLANK

Source

(1) Where during any regulated period the controlled expenditure incurred by or on behalf of a recognised third 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 96 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. Source: Article 97(1) , PART VI, CHAPTER II, Auditor's report on return,Political Parties and Referendums Act, 2000

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

BLANK

Source

It is published by the electoral commision. Source: https://www.electoralcommission.org.uk/find-information-by-subject/elections-and-referendums

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Comment

BLANK

Source

—(1) In relation to each recordable donation (other than one to which paragraph 6 or 7 applies) a quarterly report must give the following information about the donor—

(a) the information required by any of sub-paragraphs (2) to (10), (12) and (13) below; and

(b) such other information as may be required by regulations made by the Secretary of State after consulting the Commission;

or, in the case of a donation falling within sub-paragraph (11) below, the information required by that sub-paragraph.

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

(a) if his address is, at the date of receipt of the donation, shown in an electoral register (within the meaning of section 54), that address; and

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

(3) Sub-paragraph (2) does not apply in the case of a donation in the form of a bequest, and in such a case the report must state that the donation was received in pursuance of a bequest and give—

(a) the full name of the person who made the bequest; and

(b) his address at the time of his death or, if he was not then registered in an electoral register (within the meaning of section 54) at that address, the last address at which he was so registered during the period of five years ending with the date of his death.

(4) In the case of a company falling within section 54(2)(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 a trade union falling within section 54(2)(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.

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

(a) the name of the society; and

(b) the address of its principal office.

(8) In the case of a limited liability partnership falling within section 54(2)(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) the report must give—

(a) the name of the association; and

(b) the address of its main office in the United Kingdom.

(11) In the case of a payment to which section 55(2) applies the report must give the statutory or other provision under which it was made.

(12) In the case of a donation to which section 55(3) applies, the report must give the full name and address of the donor.

(13) In the case of a donation to which section 55(5) applies, the report must state that the donation was received from a trustee, and—

(a) in the case of a donation falling within section 162(2), give—

(i) the date on which the trust was created, and

(ii) the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before 27th July 1999, and

(b) in the case of a donation falling within section 162(3), give in respect of—

(i) the person who created the trust, and,

(ii) every other person by whom, or under whose will, property has been transferred to the trust,

the information which is required by any of sub-paragraphs (2) to (10) to be given in respect of the donor of a recordable donation.

Source: Schedule 6  (2), Details to be given in donation reports​, Political Parties and Referendums Act, 2000

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Comment

23. The  authorities  of  the United  Kingdom now  report  that  the  Electoral  Commission has published new guidance setting out accounting standards for use on a voluntary basis, particularly for those 

parties  and  party  accounting  units  with  a  turnover  below  the  £250,000  reporting  threshold.  The parties  began  to  adopt  the  standard  format  in  their  accounts  for  the  year  2011  and  the 

Commission will move to full use of the new standards within the next 2-3 years. The Commission also plans to promote the use of standard formats by parties and accounting units with a turnover 

above £250,000, and will review the effectiveness of its current voluntary approach, and the case for mandating standards through legislation, in the light of progress.

24.GRECO is pleased that the Electoral Commission has established a common accounting formatincludingnew   requirements   for   accountingby   political   parties..   GRECO   notes   that   the 

format/requirements have been introduced on a voluntary basis.GRECO also welcomes the fact that  the Electoral  Commission will  be  reviewing  theeffectiveness  of  the  adopted  requirements and  considering mandating its  implementation through  legislation,  if  necessary. Asthe  initiative concerned hasbeen introduced recently, GRECO is not in a position to assess its effectiveness. Source paragraph 23 &24 GRECO, Third Evaluation Round Second Compliance Report on the United Kingdom,20-22 June 2012

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

Political Parties and Elections Act 2000 Part 3 Section 41 Accounting Requirements for Registered Parties.

Source
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

BLANK

Source

 (1) The Commission shall, after—

(a) each election to which this section applies, and (b) each referendum to which Part VII applies,

prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.

(2) The elections to which this section applies are the following, namely—

(a) a parliamentary general election;

(b) a European Parliamentary general election;

(c) a Scottish Parliamentary general election;

(d) a National Assembly for Wales ordinary election; (e) a Northern Ireland Assembly general election.

(3) After the poll held under section36 of the Government of Wales Act 1998 the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.

Source:  Article 5 ,Political Parties and Referendums Act, 2000

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Comment

BLANK

Source

31. GRECO recommended that the regulating function of the Electoral Commission be reinforced, and that the Electoral Commission adopt a pro-active approach to the investigation of financing irregularities. (recommendation iv)

32. GRECO recommended that – as a complement to the current (mainly criminal) sanctions – more flexible sanctions be introduced in respect of less serious violations of the political financing rules and that the Electoral Commission be provided with the necessary powers to investigate such cases and to apply the appropriate sanctions. (recommendation v)

33. It is recalled that GRECO concluded in the Compliance Report that these recommendations were partly implemented because the necessary secondary legislation required to enable the use of the new sanctioning regime adopted by the Political Parties and Elections Act 2009 had not been brought into effect. Furthermore, the guidance on the usage of the new powers entrusted to the Electoral Commission, required for the Provisions of the new act to become applicable, had not been published at the time of adoption of the Compliance Report.

34. The authorities of the United Kingdom now stress that the secondary legislation required to equip the Electoral Commission with more flexible sanctions came into force on 1 December 2010, in accordance with the Political Parties and Elections Act 2009. The Electoral Commission’s Enforcement Policy set out the range of sanctions now available to it, including – but not limited to – monetary penalties, stop notices and forfeiture.

35. GRECO welcomes that the United Kingdom, through the adoption of the Political Parties and Elections Act 2009 and the secondary legislation to it, has strengthened the Electoral Commission with a range of new powers and sanctions which can be expected to enable it to be more pro-active in investigating irregularities regarding political parties and elections. While the United Kingdom has complied with these recommendations; GRECO is not in a position to assess the effectiveness of the new powers of the Electoral Commission.

Source paragraph 31,32, 33, 34, 35 GRECO, Third Evaluation Round Second Compliance Report on the United Kingdom,20-22 June 2012

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Other
Comment

Electoral Commission

Source

PART 1

THE ELECTORAL COMMISSION

Functions of Electoral Commission

Compliance with controls imposed by the 2000 Act etc

In the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”) section 145 (general function of Commission with respect to monitoring compliance with controls imposed by that Act etc) is amended as follows.

In subsection (1), for the words before paragraph (a) there is substituted “The Commission shall have the function of monitoring, and taking such steps as they consider appropriate with a view to securing, compliance with”.

After subsection (6) there is inserted—

“(6A) The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—

(a) what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;       b) what it is desirable to do (or avoid doing) in view of the purpose of the requirement.”  2 Investigatory powers of Commission

(1)For section 146 of the 2000 Act there is substituted—

“146 Investigatory powers of Commission

Schedule 19B makes provision about the investigatory powers of the Commission.”                    3 Civil sanctions (1) For section 147 of the 2000 Act (civil penalty for failure to deliver documents etc) there is substituted—

“147 Civil sanctions

Schedule 19C makes provision for civil sanctions in relation to—

(a) the commission of offences under this Act;

(b) the contravention of restrictions or requirements imposed by or

by virtue of this Act. 

Source: part 1 the electoral commission, Political Parties and Elections Act, 2009

 

58. What sanctions are provided for political finance infractions?
Code
Fines
Comment

Depends on summary conviction and/or on indictment

Source

(1) Schedule 20 makes provision for the punishment of offences

under this Act.

(2) In relation to an offence under any provision specified in the first column of that Schedule, the second column shows—

(a) whether the offence is punishable on summary conviction only or is punishable either on summary conviction or on conviction on indictment; and

(b) the maximum punishment (or, in the case of a fine on a conviction on indictment, the punishment) which may be imposed by way of fine or imprisonment on a person convicted of the offence in the way specified;

and, where that column shows two alternative penalties that may be imposed on a person convicted in the way specified, as a further alternative both of those penalties may be imposed on him.

(3) In the second column of that Schedule—

(a) “Level 5” means a fine not exceeding level 5 on the standard scale;

(b) “statutory maximum” means a fine not exceeding the statutory maximum; and

(c) any reference to 1 year or 6 months is a reference to a term of imprisonment not exceeding 1 year or 6 months (as the case may be).

Schedule 20 (Section 150), Penalties​, Political Parties and Referendums Act, 2000

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