Restriction on which third parties may incur controlled expediture
(1) In Part 6 of PPERA, at the beginning of Chapter 2 insert—
“Which third parties may incur expenditure
89A Restriction on which third parties may incur controlled expenditure
(1) No amount of controlled expenditure may be incurred by or on behalf of athird party during a reserved regulated period unless the third party—
(a) falls within any paragraph of section 88(2) (third parties eligible togive notification), or
(b) is an unincorporated association with the requisite UK connection.
(2) Subsection (1) does not apply to any expenses incurred by or on behalf of athird party during a reserved regulated period which do not in total exceed£700.
(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf ofa third party in contravention of subsection (1).
(4) If the third party is not an individual—
(a) any person who authorised the expenses to be incurred by or on behalfof the third party is guilty of an offence if the person knew or oughtreasonably to have known that the expenses would be incurred incontravention of subsection (1), and
(b) the third party is also guilty of an offence.
(5) If the third party is an individual, the individual is guilty of an offence if theyknew or ought reasonably to have known that the expenses would be incurredin contravention of subsection (1).
(6) An unincorporated association has “the requisite UK connection” if it consistsof two or more persons both or all of whom are registered in a registerof parliamentary electors in pursuance of a declaration made under and inaccordance with section 1C of the Representation of the People Act 1985(overseas elector’s declaration).
(7) In this section—
“register of parliamentary electors” means a register ofparliamentary electors maintained under section 9 of theRepresentation of the People Act 1983;
“reserved regulated period” means a period in relation to which anylimit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periodsinvolving parliamentary general elections or general elections to theNorthern Ireland Assembly).”
(2) In Schedule 20 to PPERA (penalties), at the appropriate place in the table insert—
| "Section 89A (4) or (5) (incurring controlled expenditure in contravention of section 89A (1)) | On summary in England and Wales: fine |
| On summary conviction in Scotland or Northern Ireland: statutory maximum | |
| On indictment: fine". |
(3) The amendments made by subsections (1) and (2) have effect only in relation toreserved regulated periods beginning on or after the day on which this section comesfully into force.
(4) In subsection (3), “reserved regulated period” means a period in relation to which anylimit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periodsinvolving parliamentary general elections or general elections to the Northern IrelandAssembly).
