Recognised third parties: changes to existing limits etc

(1) In section 85 of PPERA (controlled expenditure by third parties), before subsection (6)insert—

“(5B) “The lower-tier expenditure limits”, in relation to controlled expenditureincurred by or on behalf of a recognised third party, means the limits specifiedin section 94(5) (limits on controlled expenditure incurred in a part of theUK); and a recognised third party is subject to those limits if the notificationgiven by the third party under section 88(1), as it has effect for the time being,contains a statement within section 88(3D).”

(2) Section 88 of PPERA (third parties recognised for the purposes of Part 6) is amendedin accordance with subsections (3) to (6).
(3) After subsection (3C) insert—

“(3D) A notification given under subsection (1) by a third party so as to be subjectto the lower-tier expenditure limits must contain a statement to that effect.”

(4) In subsection (6)—

(a) in paragraph (a), after “statements” insert “within subsection (3)”;
(b) in paragraph (b)—

(i) after “any statement” insert “within subsection (3)”;
(ii) for “subsection (3)” substitute “that subsection”.

(5) After subsection (6) insert—

“(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 musteither—

(a) confirm that the statement is to continue to have effect, or
(b) indicate that the statement is withdrawn.”

(6) In subsection (8), for the words from “any statement” to the end substitute—

“(a) any statement within subsection (3) that is contained in the originalnotification, as it has effect for the time being, is replaced by someother statement conforming with that subsection that is contained inthe notification of alteration, or
(b) any statement within subsection (3D) that is contained in the originalnotification, as it has effect for the time being, is withdrawn.”

(7) Section 94 of PPERA (limits on controlled expenditure by third parties) is amendedin accordance with subsections (8) to (10).
(8) In subsection (3)—

(a) in paragraph (a), for “either” substitute “any of the following sub-paragraphsapplies—

(ai) during a regulated period in relation to which anylimit is imposed by paragraph 3, 7, 9, 10 or 11of Schedule 10 (periods involving parliamentarygeneral elections or general elections to the NorthernIreland Assembly), any controlled expenditure isincurred by or on behalf of a third party in excess of£10,000;”;

(b) at the end of paragraph (a)(i), for “, or” substitute “;”;
(c) for paragraph (b) substitute—

“(b) the third party—

(i) in a case within paragraph (a)(ai) or (ii), is not arecognised third party;
(ii) in a case within paragraph (a)(i), is not a recognisedthird party or, where the regulated period is one inrelation to which any limit is imposed by paragraph3, 7, 9, 10 or 11 of Schedule 10, is a recognisedthird party but is subject to the lower-tier expenditurelimits.”

(9) After subsection (4) insert—

“(4ZA) In its application to a case within subsection (3)(a)(i) where the third party isa recognised third party that is subject to the lower-tier expenditure limits, thereference in subsection (4)(a)(i) to any person who authorised the expenditureto be incurred is to be read as a reference to the responsible person.”

(10) After subsection (10) insert—

“(10A) Where an offence under subsection (4) is committed in the case of arecognised third party that is subject to the lower-tier expenditure limits—

(a) the third party ceases to be subject to those limits at the time theoffence is committed, and
(b) this Part then applies to the third party as if the notification undersection 88(1) which is for the time being in force in relation to thethird party did not contain a statement under section 88(3D).”

(11) In section 94A of PPERA (arrangements between third parties notified to theCommission), after subsection (5) insert—

“(5A) A recognised third party that is subject to the lower-tier expenditure limitsmay not send a notice under subsection (1).”

(12) The following subsection: “( ) This section does not apply in relation to a recognisedthird party that is subject to the lower-tier expenditure limits.”—

(a) is inserted after the provision of PPERA mentioned in the left-hand columnof the following table, and
(b) is inserted after that provision with the applicable number mentioned in theright-column of the table.

(13)
The amendments made by the preceding provisions of this section have effect onlyin relation to reserved regulated periods beginning on or after the day on which thissection comes fully into force.
(14)
In subsection (13), “reserved regulated period” means a period in relation to whichany limit 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).