Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014

Third party expenditure in respect of candidates

36

• (1) In section 75 of the Representation of the People Act 1983 (prohibition of expenses not authorised by election agent), in subsection (1ZA)(a) (limit on third party expenditure on candidate at parliamentary election), for “£500” substitute “ £700 ”.

• (2) After that section insert—

(75ZA) (1) The returning officer or the Electoral Commission may, at any time during the period of 6 months beginning with the date of the poll at a parliamentary election, request a relevant person to deliver to the officer or Commission a return of permitted expenditure in relation to a candidate at the election who is specified in the request. (2) “Relevant person” means a person who— (a) is not required to deliver a return under section 75(2) in relation to the candidate, and (b) is not the candidate, the candidate's election agent, or a person engaged or employed for payment or promise of payment by the candidate or the candidate's election agent. (3) “Return of permitted expenditure” means a return— (a) showing all permitted expenses incurred by the person in relation to the candidate, or (b) stating that the person incurred no such expenses or that the total such expenses incurred by the person was £200 or less. (4) “Permitted expense”, in relation to a candidate, means an expense incurred by the person in respect of the candidate which, if the person had been required to deliver a return under section 75(2) in relation to the candidate, would have been required to be included in that return. (75ZB) (1) A person must comply with a request under section 75ZA(1) within the period of 21 days beginning with the day on which the request is received. (2) A return of permitted expenditure must be accompanied by a declaration made by the person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body)— (a) verifying the return, and (b) in the case of a return of the kind mentioned in section 75ZA(3)(a), giving particulars of the matters for which the expenses were incurred. (3) A person who fails to deliver a return or declaration in accordance with this section is guilty of an illegal practice. (4) A person who knowingly makes a false declaration under subsection (2) is guilty of a corrupt practice. (5) The court before whom a person is convicted under subsection (3) or (4) may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173. (6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves— (a) that the act or omission took place without his consent or connivance, and (b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

• (3) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force before the day on which this Act is passed—

• (a) section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offences in section 75ZB(3) and (4) of the Representation of the People Act 1983 (as inserted by this section) on and after that day as if they were relevant offences (as defined in section 85(3) of that Act), and

• (b) regulations described in section 85(11) of that Act may amend, repeal or otherwise modify amendments made by this section.

Candidate’s personal expenses not to count for local election expenses limit in England and Wales

37

• (1) In section 76(5) of the RPA 1983 (exclusion of personal expenses from limitation on election expenses), after “subsection (1A) above)” insert “ or a local government election in England or Wales ”.

• (2) Subsection (3) applies where, before the relevant date, an enactment—

• (a) provides that section 76 of the RPA 1983 is to have effect in relation to an election of any description as it has effect in relation to a local government election in England or Wales, or

• (b) otherwise makes provision (however expressed) to the effect that that section applies to an election of any description as it applies to a local government election in England and Wales.

• (3) If the date of the poll at an election of that description is on or after the relevant date, section 76 of the RPA 1983 applies to the election as amended by subsection (1).

• (4) In this section—

• “the RPA 1983” means the Representation of the People Act 1983,

• “the relevant date” means the date on which the amendment made by subsection (1) comes into force, and

• “an enactment” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978).

Functions of Electoral Commission with respect to compliance

38

• (1) Section 145 of the Political Parties, Elections and Referendums Act 2000 (general function of Commission with respect to compliance with controls imposed by the Act etc) is amended in accordance with subsections (2) to (4).

• (2) In the heading, for “General function” substitute “ Duties ”.

• (3) In subsection (1)—

• (a) for the words before paragraph (a) substitute “ The Commission must monitor, and take all reasonable steps to secure, compliance with— ”;

• (b) in paragraph (a), for “Parts III to VII” substitute

— (i) sections 24, 31 and 34, (ii) Parts 3 to 7, and (iii) sections 143 and 148

.

• (4) After subsection (6A) insert—

(6B) Each report by the Commission under paragraph 20 of Schedule 1 shall set out the steps the Commission have taken during the year in question to secure compliance with the restrictions and other requirements mentioned in subsection (1).

• (5) In consequence of the amendment made by subsection (3)(a), omit section 1(2) of the Political Parties and Elections Act 2009.

Post-election review

39

• (1) The Minister must, within the period of 12 months beginning with the day on which this Act is passed, appoint a person to conduct a review of the operation of Part 6 of the Political Parties, Elections and Referendums Act 2000 in relation to the first relevant parliamentary general election.

• (2) The “first relevant parliamentary general election” is the first parliamentary general election to be held after the beginning of the first Part 6 regulated period in relation to which one or more of the amendments made by this Part mentioned in section 46(1) have effect.

• (3) A “Part 6 regulated period” is a regulated period within the meaning given by section 46(2)(b).

• (4) The Minister may specify matters which the review must, in particular, consider.

• (5) On completion of the review, the appointed person must—

• (a) make a written report on the review, and

• (b) provide a copy of the report to the Minister.

• (6) The Minister must—

• (a) lay a copy of the report before Parliament, and

• (b) publish the report in such manner as the Minister considers appropriate.

• (7) The report shall be laid before Parliament not more than 18 months after the date of the first relevant parliamentary general election.

• (8) The Minister may pay to the appointed person such remuneration and expenses as the Minister may determine.

• (9) “The Minister” means the Secretary of State or the Lord President of the Council.

Part 3 — Trade unions' registers of members

Duty to provide membership audit certificate

40

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24 (duty to maintain register of members' names and addresses) insert—

(24ZA) (1) A trade union required to maintain a register of the names and addresses of its members by section 24 must send to the Certification Officer a membership audit certificate in relation to each reporting period. (2) In this section and in sections 24ZB to 24ZF, a “reporting period” means a period in relation to which the union is required by section 32 to send an annual return to the Certification Officer. (3) The union must send the membership audit certificate in relation to a reporting period to the Certification Officer at the same time as it sends to the Officer its annual return under section 32 in relation to that period. (4) In the case of a trade union required by section 24ZB to appoint an assurer in relation to a reporting period, the “membership audit certificate” in relation to that period is the certificate which the assurer is required to provide to the union in relation to that period pursuant to that appointment. (5) In any other case, the “membership audit certificate” in relation to a reporting period is a certificate which— (a) must be signed by an officer of the trade union who is authorised to sign on its behalf, (b) must state the officer's name, and (c) must state whether, to the best of the officer's knowledge and belief, the union has complied with its duties under section 24(1) throughout the reporting period. (6) A trade union must, at a person's request, supply the person with a copy of its most recent membership audit certificate either free of charge or on payment of a reasonable charge. (7) The Certification Officer must at all reasonable hours keep available for public inspection, either free of charge or on payment of a reasonable charge, copies of all membership audit certificates sent to the Officer under this section.

• (3) In section 44(4) (discharge of duties in case of union having branches or sections), at the appropriate place in the list insert— “ section 24ZA (duty to provide membership audit certificate), ”.

• (4) In section 118 (federated trade unions), after subsection (4) insert—

(4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.

Duty to appoint an assurer etc

41

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24ZA (which is inserted by section 40) insert—

(24ZB) (1) A trade union required to maintain a register of the names and addresses of its members by section 24 must, in relation to each reporting period, appoint a qualified independent person to be an assurer in relation to that period. (2) There is incorporated in the assurer's appointment a duty which the assurer owes to the trade union— (a) to provide to the union a membership audit certificate in relation to the reporting period which accords with the requirements of section 24ZD, and (b) to carry out such enquiries as the assurer considers necessary to enable the assurer to provide that certificate. (3) A person is a “qualified independent person” if— (a) the person either satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is specified by name in such an order, and (b) the trade union has no grounds for believing that— (i) the person will carry out an assurer's functions otherwise than competently, or (ii) the person's independence in relation to the union might reasonably be called into question. (4) None of the following may act as an assurer— (a) an officer or employee of the trade union or of any of its branches or sections; (b) a person who is a partner of, or in the employment of, or who employs, such an officer or employee. (5) This section does not apply to a trade union in relation to a reporting period if the number of its members at the end of the preceding reporting period did not exceed 10,000. (6) Any order under this section is to be made by statutory instrument and is to be subject to annulment in pursuance of a resolution of either House of Parliament. (24ZC) (1) The rules of every trade union to which section 24ZB applies must contain provision for the appointment and removal of an assurer. But the following provisions have effect notwithstanding anything in the rules. (2) An assurer must not be removed from office except by resolution passed at a general meeting of the members of the union or of delegates of its members. (3) A person duly appointed as an assurer in relation to a reporting period must be reappointed as assurer in relation to the following reporting period, unless— (a) a resolution has been passed at a general meeting of the trade union appointing somebody else instead or providing expressly that the person is not to be re-appointed, (b) the person has given notice to the union in writing of the person's unwillingness to be re-appointed, (c) the person is not qualified for the appointment in accordance with section 24ZB, or (d) the person has ceased to act as assurer by reason of incapacity. (4) But a person need not automatically be re-appointed where— (a) the person is retiring, (b) notice has been given of an intended resolution to appoint somebody else instead, and (c) that resolution cannot be proceeded with at the meeting because of the death or incapacity of the proposed replacement. (24ZD) (1) For the purposes of section 24ZB(2)(a) the requirements of a membership audit certificate in relation to a reporting period provided by an assurer are as follows. (2) The certificate must state the name of, and be signed by, the assurer. (3) The certificate must state— (a) whether, in the assurer's opinion, the trade union's system for compiling and maintaining the register of the names and addresses of its members was satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, and (b) whether, in the assurer's opinion, the assurer has obtained the information and explanations which the assurer considers necessary for the performance of the assurer's functions. (4) If the certificate states that— (a) in the assurer's opinion, the trade union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, or (b) in the assurer's opinion, the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions, the certificate must state the assurer's reasons for making that statement. (5) In the case of a failure to obtain information or explanations as described in subsection (4)(b), the certificate must also— (a) provide a description of the information or explanations requested or required which have not been obtained, and (b) state whether the assurer required that information or those explanations from the union's officers, or officers of any of its branches or sections, under section 24ZE. (6) The reference in subsection (2) to signature by the assurer is, where that office is held by a body corporate or partnership, to signature in the name of the body corporate or partnership by an individual authorised to sign on its behalf. (24ZE) (1) An assurer appointed by a trade union under section 24ZB— (a) has a right of access at all reasonable times to the register of the names and addresses of the union's members and to all other documents which the assurer considers may be relevant to whether the union has complied with any of the requirements of section 24(1), and (b) is entitled to require from the union's officers, or the officers of any of its branches or sections, such information and explanations as the assurer considers necessary for the performance of the assurer's functions. (2) In subsection (1) references to documents include information recorded in any form. (24ZF) If an assurer provides a membership audit certificate in relation to a reporting period to a trade union which states that, in the assurer's opinion— (a) the union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout that period, or (b) the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions, the assurer must send a copy of the certificate to the Certification Officer as soon as is reasonably practicable after it is provided to the union. (24ZG) (1) The duty of confidentiality as respects the register is incorporated in an assurer's appointment by a trade union under section 24ZB. (2) The duty of confidentiality as respects the register is a duty which the assurer owes to the union— (a) not to disclose any name or address in the register of the names and addresses of the union's members except in permitted circumstances, and (b) to take all reasonable steps to secure that there is no disclosure of any such name or address by another person except in permitted circumstances. (3) The circumstances in which disclosure of a member's name or address is permitted are— (a) where the member consents, (b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of the Officer's functions, (c) where it is required for the purposes of the discharge of any of the functions of an inspector appointed by the Officer, (d) where it is required for the purposes of the discharge of any of the functions of the assurer, or (e) where it is required for the purposes of the investigation of crime or criminal proceedings.

• (3) In section 24A(3) (securing confidentiality of register during ballots), after “duty of confidentiality”” insert “ , in the context of a scrutineer or independent person, ”.

• (4) In section 44(4) (discharge of duties in case of union having branches or sections), at the appropriate place in the list insert— “ sections 24ZB and 24ZC (duty to appoint an assurer etc), ”.

• (5) In section 299 (index of defined expressions), in the entry for “the duty of confidentiality”, after “confidentiality” insert “ , in the context of a scrutineer or independent person ”.

Investigatory powers

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• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24ZG (which is inserted by section 41) insert—

(24ZH) (1) If the Certification Officer thinks there is good reason to do so, the Officer— (a) may give directions to a trade union, or a branch or section of a trade union, requiring it to produce such relevant documents as are specified in the directions; (b) may authorise a member of the Officer's staff or any other person (“an authorised person”), on producing (if so required) evidence of that authority, to require a trade union, or a branch or section of a trade union, to produce immediately to the authorised person such relevant documents as that person specifies. (2) “Relevant documents”, in relation to a trade union or a branch or section of a trade union, means— (a) the register of the names and addresses of the trade union's members, and (b) documents of any other description which the Certification Officer or authorised person considers may be relevant to whether the union has failed to comply with any of the requirements of section 24(1) (duties regarding the register of members). (3) Directions under subsection (1)(a) must specify the time and place at which the documents are to be produced. (4) Where the Certification Officer, or an authorised person, has power to require the production of documents by virtue of subsection (1), the Officer or authorised person has the like power to require production of those documents from any person who appears to the Officer or authorised person to be in possession of them. (5) The power under this section to require the production of documents includes the power— (a) if the documents are produced— (i) to take copies of them or extracts from them; (ii) to require the person by whom they are produced to provide an explanation of any of them; (iii) to require any person who is or has been an official or agent of the trade union to provide an explanation of any of them; (b) if the documents are not produced, to require the person who was required to produce them to state, to the best of the person's knowledge and belief, where they are. (6) For the purposes of subsection (5)(a)(iii), “agent” includes an assurer appointed by the trade union under section 24ZB. (7) For supplementary provision, see section 24ZK. (24ZI) (1) The Certification Officer may appoint one or more members of the Officer's staff or other persons as an inspector or inspectors to— (a) investigate whether a trade union has failed to comply with any of the requirements of section 24(1) (duties regarding the register of members), and (b) report to the Officer in such manner as the Officer may direct. (2) The Certification Officer may only make such an appointment if it appears to the Officer that there are circumstances suggesting that the union has failed to comply with a requirement of section 24(1), 24ZA or 24ZB (duties etc relating to the register of members). (3) Where any person appears to the inspector or inspectors to be in possession of information relating to a matter considered by the inspector or inspectors to be relevant to the investigation, the inspector or inspectors may require the person— (a) to produce to the inspector or inspectors any relevant documents relating to that matter, (b) to attend before the inspector or inspectors, and (c) otherwise to give the inspector or inspectors all assistance in connection with the investigation which the person is reasonably able to give. (4) “Relevant documents” means— (a) the register of the names and addresses of the trade union's members, and (b) documents of any other description which the inspector or inspectors consider may be relevant to whether the union has failed to comply with any of the requirements of section 24(1). (5) Where a person who is not a member of the Certification Officer's staff is appointed as an inspector under this section, there is incorporated in the appointment the duty of confidentiality as respects the register of the names and addresses of the trade union's members. (6) The duty of confidentiality as respects that register is a duty which the inspector owes to the Certification Officer— (a) not to disclose any name or address in the register of the names and addresses of the union's members except in permitted circumstances, and (b) to take all reasonable steps to secure that there is no disclosure of any such name or address by another person except in permitted circumstances. (7) The circumstances in which disclosure of a member's name or address is permitted are— (a) where the member consents, (b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of the Officer's functions, (c) where it is required for the purposes of the discharge of any of the functions of the inspector or any other inspector appointed by the Officer, (d) where it is required for the purposes of the discharge of any of the functions of an assurer appointed under section 24ZB, or (e) where it is required for the purposes of the investigation of crime or criminal proceedings. (8) For supplementary provision, see section 24ZK. (24ZJ) (1) An inspector or inspectors appointed under section 24ZI— (a) may make interim reports to the Certification Officer, (b) must make such reports if so directed by the Officer, and (c) on the conclusion of the investigation, must make a final report to the Officer. (2) A report under subsection (1) must be in writing. (3) An inspector or inspectors— (a) may at any time inform the Certification Officer of any matters coming to their knowledge as a result of the investigation, and (b) must do so if the Officer so directs. (4) The Certification Officer may direct an inspector or inspectors— (a) to take no further steps in the investigation, or (b) to take only such further steps as are specified in the direction. (5) Where such a direction is made, the inspector or inspectors are not required under subsection (1)(c) to make a final report to the Certification Officer unless the Officer so directs. (24ZK) (1) Nothing in section 24ZH or 24ZI requires or authorises anyone to require— (a) the disclosure by a person of information which the person would in an action in the court be entitled to refuse to disclose on grounds of legal professional privilege, or (b) the production by a person of a document which the person would in such an action be entitled to refuse to produce on such grounds. (2) But a lawyer may be required under section 24ZH or 24ZI to disclose the name and address of the lawyer's client. (3) A person is not excused from providing an explanation or making a statement in compliance with a requirement imposed under section 24ZH(5) or 24ZI(3) on the ground that to do so would tend to expose the person to proceedings for an offence. (4) But an explanation so provided or a statement so made may only be used in evidence against the person by whom it is provided or made on a prosecution for an offence where, in giving evidence, the person makes a statement inconsistent with it. (5) In this section and in sections 24ZH and 24ZI— (a) references to documents include information recorded in any form, and (b) in relation to information recorded otherwise than in legible form, references to its production are to the production of a copy of the information in legible form.

• (3) In section 24A(4)(b) (securing confidentiality of register during ballots), after “where it is” insert “ required or ”.

Enforcement

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• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) After section 24A (securing confidentiality of register during ballots) insert—

(24B) (1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of section 24, 24ZA, 24ZB or 24ZC (duties etc relating to the register of members), the Officer may make a declaration to that effect. (2) Before making such a declaration, the Certification Officer— (a) may make such enquiries as the Officer thinks fit, (b) must give the union an opportunity to make written representations, and (c) may give the union an opportunity to make oral representations. (3) If the Certification Officer makes a declaration it must specify the provisions with which the union has failed to comply. (4) Where the Certification Officer makes a declaration and is satisfied— (a) that steps have been taken by the union with a view to remedying the declared failure or securing that a failure of the same or any similar kind does not occur in future, or (b) that the union has agreed to take such steps, the Officer must specify those steps in the declaration. (5) Where a declaration is made, the Certification Officer must give reasons in writing for making the declaration. (6) Where a declaration is made, the Certification Officer must also make an enforcement order unless the Officer considers that to do so would be inappropriate. (7) An “enforcement order” is an order imposing on the union one or both of the following requirements— (a) to take such steps to remedy the declared failure, within such period, as may be specified in the order; (b) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future. (8) Where, having given the union an opportunity to make written representations under subsection (2)(b), the Certification Officer determines not to make a declaration under subsection (1), the Officer must give the union notice in writing of that determination. (9) Where the Certification Officer requests a person to provide information to the Officer in connection with enquiries under this section, the Officer must specify the date by which that information is to be provided. (10) Where the information is not provided by the specified date, the Certification Officer must proceed with determining whether to make a declaration under subsection (1) unless the Officer considers that it would be inappropriate to do so. (11) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (12) An enforcement order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (13) Where an enforcement order has been made, a person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if the order had been made on an application by that person. (24C) (1) Where the Certification Officer is satisfied that a trade union or any other person has failed to comply with any requirement imposed under— (a) section 24ZH (power of Certification Officer to require production of documents etc), or (b) section 24ZI (investigations by inspectors), the Officer may make an order requiring the trade union or person to comply with the requirement. (2) Before making such an order, the Certification Officer must give the trade union or person an opportunity to be heard. (3) In the case of a failure to comply with a requirement imposed under section 24ZH or 24ZI to produce a document, the Certification Officer may make an order only if the Officer is satisfied that— (a) the document is in the possession of the union or person, and (b) it is reasonably practicable for the union or person to comply with the requirement. (4) In the case of a failure to comply with any other requirement imposed under section 24ZH or 24ZI, the Certification Officer may make an order only if the Officer is satisfied that it is reasonably practicable for the union or person to comply with the requirement. (5) The order must specify— (a) the requirement with which the trade union or person has failed to comply, and (b) the date by which the trade union or person must comply. (6) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court.

• (3) In section 24(6) (remedies for failure to comply with that section), after “court)” insert “ ; see also the powers of the Certification Officer under section 24B to make a declaration and an enforcement order ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In section 26 (remedy for failure: application to the court), after subsection (8) insert—

(9) Where a person applies under this section in relation to an alleged failure and the Certification Officer has made a declaration regarding that failure under section 24B, the court must have due regard to the declaration and any order, observations or reasons made or given by the Officer under that section regarding that failure and brought to the court's notice.

• (6) In section 45D (appeals from Certification Officer), after “section” insert “ 24B, 24C, ”.

• (7) In section 256(1) (procedure before the Certification Officer)—

• (a) omit the “or” at the end of paragraph (a), and

• (b) in paragraph (b) after “matter” insert

, or (c) determining whether to make a declaration or enforcement order under section 24B or an order under section 24C

.

Part 4 — Supplementary

Financial provision

44

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

45

• (1) The following provisions of this Act come into force on such day as the Minister may appoint by order made by statutory instrument—

• (a) Part 1, except as mentioned in subsection (3)(a);

• (b) in Part 2—

• (i) section 26(11) and (12) (definition of “election material”);

• (ii) section 31 (extension of power to vary specified sums);

• (iii) section 32 (recognised third parties);

• (iv) section 36 (third party expenditure in respect of candidates);

• (v) section 37 (candidate's personal expenses not to count for local election expenses limit in England and Wales);

• (vi) section 38 (functions of Electoral Commission with respect to compliance);

• (c) Part 3, except as mentioned in subsection (3)(c).

• (2) An order under subsection (1)—

• (a) may appoint different days for different purposes, and

• (b) may make transitional, transitory or saving provision.

• (3) The following provisions of this Act come into force on the day on which the Act is passed—

• (a) any provision of Part 1 which confers power to make regulations, for the purposes of the exercise of that power;

• (b) the provisions of Part 2 not mentioned in subsection (1)(b);

• (c) section 41, for the purposes of the exercise of the power to make subordinate legislation conferred by section 24ZB(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (which is inserted by that section);

• (d) Part 4.

• (4) Section 46 contains transitional provision relating to the commencement of the provisions to which subsection (3)(b) applies.

• (5) “The Minister” means—

• (a) for the purposes of subsection (1)(a) and (b), the Secretary of State or the Lord President of the Council;

• (b) for the purposes of subsection (1)(c), the Secretary of State.

Transitional provision

46

• (1) The amendments made by Part 2 which in accordance with section 45(3)(b) come into force on the day on which this Act is passed have effect only in relation to—

• (a) regulated periods beginning after that day, or

• (b) (for the purposes of enactments having effect otherwise than in relation to regulated periods) expenditure incurred after that day.

• (2) In this section “regulated period” means a period in relation to which any limit is imposed by—

• (a) Schedule 9 to PPERA 2000 (limits on campaign expenditure), or

• (b) Schedule 10 to that Act (limits on controlled expenditure),

(including a period in relation to which a limit is imposed by that Schedule by virtue of subsection (3)(b) or (5)(b)).

• (3) If, apart from this subsection, the day on which this Act is passed would fall within a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000 (limit on campaign expenditure where combination of parliamentary election and other election)—

• (a) paragraph 11(2) of that Schedule (which disapplies limits and periods which would otherwise be imposed by paragraph 3 of that Schedule and substitutes new limits and periods) is of no effect (and is treated as never having had effect) in relation to the parliamentary general election, and

• (b) for the purposes of paragraph 3 of that Schedule as it applies by virtue of paragraph (a), the relevant period is the Schedule 9 transitional period.

• (4) In subsection (3) “the Schedule 9 transitional period” means the period—

• (a) beginning with 23 May 2014, and

• (b) ending with the date of the poll for the parliamentary general election.

• (5) If, apart from this subsection, the day on which this Act is passed would fall within a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 10 to PPERA 2000 (limit on controlled expenditure where combination of parliamentary election and other election)—

• (a) paragraph 11(2) of that Schedule (which disapplies limits and periods which would otherwise be imposed by paragraph 3 of that Schedule and substitutes new limits and periods) is of no effect (and is treated as never having had effect) in relation to the parliamentary general election, and

• (b) for the purposes of paragraph 3 of that Schedule as it applies by virtue of paragraph (a), the relevant period is the Schedule 10 transitional period.

• (6) In subsection (5) “the Schedule 10 transitional period” means the period—

• (a) beginning with 19 September 2014, and

• (b) ending with the date of the poll for the parliamentary general election.

• (7) Subsections (3) and (5) do not apply in the case of a period in relation to which one or more limits are imposed by paragraph 11 of Schedule 9 to PPERA 2000, or paragraph 11 of Schedule 10 to that Act, that ends with the date of the poll for an early parliamentary general election.

• (8) An “early parliamentary general election” is a parliamentary general election the date of the poll for which is appointed under section 2(7) of the Fixed-term Parliaments Act 2011.

• (9) The Minister may by order made by statutory instrument make provision disapplying the preceding provisions of this section, and applying alternative transitional, transitory or saving provision, where a poll for an extraordinary general election to the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly takes place in the period—

• (a) beginning with the day after that on which this Act is passed, and

• (b) ending with the date of the poll for the next parliamentary general election.

• (10) A statutory instrument containing an order under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (11) In this section—

• “the Minister” means the Secretary of State or the Lord President of the Council;

• “PPERA 2000” means the Political Parties, Elections and Referendums Act 2000.

Power to make consequential provision

47

• (1) The Minister may by order made by statutory instrument make provision consequential on any provision of Part 2 or section 46.

• (2) An order under this section—

• (a) may include provision amending or modifying any provision of or made under PPERA 2000 (including any provision inserted by this Act),

• (b) may include incidental, supplementary, transitional, transitory or saving provision, and

• (c) may make different provision for different purposes or cases or for different areas.

• (3) A statutory instrument containing an order under this section that amends or modifies any provision of PPERA 2000 may not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

• (4) Any other statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) No order may be made under this section after the date of the poll for the first relevant parliamentary general election.

• (6) In this section—

• “the first relevant parliamentary general election” has the same meaning as in section 39;

• “the Minister” means the Secretary of State or the Lord President of the Council;

• “PPERA 2000” means the Political Parties, Elections and Referendums Act 2000.

Extent

48

• (1) Part 1 of this Act extends to the United Kingdom.

• (2) In Part 2 of this Act—

• (a) section 33(10) to (13) extends to the United Kingdom ..., and

• (b) section 39 extends to the United Kingdom.

• (3) Any amendment or repeal made by Part 2 or 3 of this Act has the same extent as the enactment amended or repealed.

• (4) Part 4 of this Act extends to the United Kingdom ....

Short title

49

This Act may be cited as the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.

SCHEDULE 1

Part 1 — Exceptions

1

• (1) A person does not, by reason of making a communication, carry on the business of consultant lobbying if—

• (a) the person carries on a business which consists mainly of non-lobbying activities, and

• (b) the making of the communication is incidental to the carrying on of those activities.

• (2) In sub-paragraph (1) “non-lobbying activities” are activities other than making, on behalf of another person or persons, communications which—

• (a) relate to any of the matters mentioned in section 2(3)(a) to (d), and

• (b) are made to any of the persons within sub-paragraph (3).

• (3) The persons are—

• (a) members of, and office-holders in, government, and

• (b) officials and members of staff of government.

• (4) For the purposes of this paragraph, “government” includes—

• (a) Her Majesty's Government in the United Kingdom,

• (b) the Scottish Administration,

• (c) the Welsh Assembly Government,

• (d) the First Minister, the deputy First Minister, the Northern Ireland Ministers and any Northern Ireland department,

• (e) the Government of any sovereign Power other than the United Kingdom,

• (f) local government in any part of the United Kingdom, and

• (g) any institution of the European Union;

(and the references to “the government” in section 2(3)(a) to (d) as applied by sub-paragraph (2)(a) are to be read accordingly).

2

A person does not carry on the business of consultant lobbying if—

• (a) the person acts generally as a representative of persons of a particular class or description,

• (b) the income of the person derives wholly or mainly from persons of that class or description, and

• (c) the making of communications within section 2(3) on behalf of those persons is no more than an incidental part of that general activity.

3

• (1) A person who, as an official or member of staff of—

• (a) a sovereign Power other than the United Kingdom, or the Government of such a Power, or

• (b) an international organisation,

makes communications within section 2(3) on its behalf does not, by reason of those communications, carry on the business of consultant lobbying.

• (2) An “international organisation” is any organisation which, for the purposes of section 1 of the International Organisations Act 1968, is declared to be (or is treated as being) an organisation of which—

• (a) the United Kingdom, or Her Majesty's Government in the United Kingdom, and

• (b) at least one other sovereign Power, or the Government of such a Power,

are members.

• (3) Regulations may specify other organisations which are to be “international organisations” for the purposes of this paragraph.

4

An individual does not carry on the business of consultant lobbying by reason of making communications as an employee in the course of a business carried on by the individual's employer.

Part 2 — Meaning of terms used in section 2(1)

In return for payment

5

• (1) “Payment” includes payment of any kind.

• (2) But “payment” does not include any sums payable to a member of either House of Parliament—

• (a) under section 4 or 5 of the Parliamentary Standards Act 2009 (MPs' salaries and allowances),

• (b) pursuant to a resolution or a combination of resolutions of the House of Lords relating to expenses and allowances for its members, or

• (c) otherwise out of money provided by Parliament or out of the Consolidated Fund (whether or not in respect of that membership).

6

• (1) Communications may be made “in return for payment” whether the payment is made directly or indirectly.

• (2) In particular, it does not matter—

• (a) whether the person or persons making the payments is or are the person or persons on behalf of whom the communications are made, or

• (b) whether a particular payment relates to any particular communication or communications.

7

• (1) But a communication is not made “in return for payment” if—

• (a) a person makes the communication on behalf of persons of a particular class or description,

• (b) the income of the person making the communication derives wholly or mainly from persons who are not of that class or description, and

• (c) the person does not receive payment, from persons of that class or description, in return for making that communication.

• (2) If the person making the communication is an employee, the references in sub-paragraph (1)(b) and (c) to the person are to be read as references to the person's employer.

8

References in this Part of this Act to receiving payment to engage in lobbying are to be read in accordance with paragraphs 5 to 7.

Communications

9

A communication is not within section 2(3) if it is required to be made by or under any statutory provision or other rule of law.

Made on behalf of another

10

• (1) Where an individual (“A”) makes a communication in the course of a business carried on by another person (“B”), the communication is to be regarded as being made by B as well as by A.

• (2) Where A is an employee of B, then (whether or not the communication is made on behalf of a third party) A is not to be regarded as making the communication on behalf of B.

Part 3 — Positions equivalent to permanent secretary

11

• (1) The positions mentioned in section 2(6) are—

• Cabinet Secretary;

• Chief Executive of Her Majesty's Revenue and Customs;

• Chief Medical Officer;

• Director of Public Prosecutions;

• First Parliamentary Counsel;

• Government Chief Scientific Adviser;

• Head of the Civil Service;

• Prime Minister's Adviser for Europe and Global Issues.

• (2) Regulations may amend sub-paragraph (1) by adding or removing a position.

SCHEDULE 2

Status

1

The Registrar is a corporation sole.

2

The Registrar exercises the functions of that office on behalf of the Crown.

Appointment

3

• (1) The Registrar is to be appointed by the Minister.

• (2) The Registrar holds office in accordance with the terms and conditions of that appointment; but this is subject to sub-paragraphs (3) to (6).

• (3) The term of office for which the Registrar is appointed must not be more than 4 years.

• (4) A person may be appointed for a second or third term; but the term for which a person is re-appointed must not be more than 3 years.

• (5) The Registrar may resign by giving written notice to the Minister.

• (6) The Minister may dismiss the Registrar if the Minister is satisfied that the Registrar is unable, unwilling or unfit to perform the functions of the office.

4

• (1) A person is ineligible for appointment as the Registrar if, at any time in the previous 5 years, the person—

• (a) was a Minister of the Crown or a permanent secretary, or

• (b) carried on the business of consultant lobbying or was an employee of a person who carried on that business.

• (2) “Minister of the Crown” and “permanent secretary” have the meaning given by section 2(6).

5

A defect in the Registrar's appointment does not affect the validity of anything done by the Registrar.

Remuneration and staffing

6

Service as the Registrar is not service in the civil service of the State.

7

• (1) The Registrar may make arrangements for sums in respect of the following to be paid to or in respect of the person holding office as the Registrar—

• (a) remuneration;

• (b) allowances;

• (c) pension.

• (2) The sums paid under sub-paragraph (1) are to be determined by the Minister.

8

• (1) The Registrar may make arrangements with the Minister or other persons—

• (a) for staff to be seconded to the Registrar;

• (b) for accommodation or services to be provided to the Registrar.

• (2) The payments that may be made under arrangements under sub-paragraph (1)(a) include payments to the staff in addition to, or instead of, payments to the person with whom the arrangements are made.

Accounts

9

• (1) The Registrar must keep proper accounts and proper records in relation to the accounts.

• (2) The Registrar must prepare a statement of accounts in respect of each financial year.

• (3) The Registrar must send a copy of the statement, within a period specified by the Minister, to the Comptroller and Auditor General.

• (4) After the Registrar has sent a copy of a statement of accounts to the Comptroller and Auditor General, the Comptroller and Auditor General must—

• (a) examine, certify and report on the statement, and

• (b) arrange for a copy of the certified statement and the report to be laid before Parliament as soon as possible.

• (5) In this paragraph “financial year” means—

• (a) the period beginning on the day on which section 3 comes into force and ending on the following 31 March, and

• (b) each successive period of 12 months.

Funding

10

• (1) The Minister may make grants or loans to the Registrar.

• (2) The grants or loans may be subject to conditions (including conditions as to repayment with or without interest).

Amendment of other enactments

11

In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ The Registrar of Consultant Lobbyists ”.

12

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) before the entry for the “Registrar General for England and Wales” insert— “ The Registrar of Consultant Lobbyists ”.

13

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Registrar of Consultant Lobbyists ”.

SCHEDULE 3

After Schedule 8 to the Political Parties, Elections and Referendums Act 2000 insert—

SCHEDULE 4

After Schedule 11 to the Political Parties, Elections and Referendums Act 2000 insert—

Meaning of consultant lobbying

Duty to update register

Meaning of “controlled expenditure”

Arrangements between third parties notified to the Electoral Commission

Changes to existing limits

Constituency limits

Targeted expenditure limits

Extension of power to vary specified sums

Recognised third parties

Reporting of donations to recognised third parties

Returns as to controlled expenditure

Statements of accounts by recognised third parties

Third party expenditure in respect of candidates

Candidate's personal expenses not to count for local election expenses limit in England and Wales

Functions of Electoral Commission with respect to compliance

Post-election review

Duty to provide membership audit certificate

Duty to appoint an assurer etc

Investigatory powers

Enforcement

Commencement

In return for payment

Communications

Made on behalf of another

Status

Appointment

Remuneration and staffing

Accounts

Funding

Amendment of other enactments

After Schedule 8 to the Political Parties, Elections and Referendums Act 2000 insert—

After Schedule 11 to the Political Parties, Elections and Referendums Act 2000 insert—

Editorial notes

[^c2201941]: S. 2 partly in force; s. 2(5) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201942]: S. 4 partly in force; s. 4(5) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201943]: S. 5 partly in force; s. 5(4) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201944]: S. 9 partly in force; s. 9(3) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201945]: S. 11 partly in force; s. 11(3) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201946]: S. 16 partly in force; s. 16(4) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201947]: S. 17 partly in force; s. 17(3) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201948]: S. 20 partly in force; s. 20 in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201949]: S. 22 partly in force; s. 22(2)(3) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201950]: S. 23 partly in force; s. 23 in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201951]: S. 24 partly in force; s. 24(2)(4) in force for certain purposes at Royal Assent, see s. 45(3)(a)

[^c2201954]: S. 26 partly in force; s. 26(1)-(10) (13) (14) in force for certain purposes at Royal Assent, see s. 45(3)(b)

[^c2201955]: S. 41 partly in force; s. 41 in force for certain purposes at Royal Assent, see s. 45(3)(c)

[^key-9e9ae99802e68ef971661e9179159c4f]: S. 2(1)-(4) (6) in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(a)

[^key-f235927069a5afb880682e47d761d77d]: S. 2(5) in force at 23.5.2014 in so far as not already in force by S.I. 2014/1236, art. 2(1)(a)

[^key-ab04c7889a6b43acc76d581ed4b680a6]: S. 3 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(b)

[^key-688eacc88801fea307eee02d9e8c4e00]: S. 21 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(c)

[^key-1b27faf8bcde07dfdd5804bc07431caa]: S. 24(1)(3)(5)(6) in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(d)

[^key-9713c341049d3a9eec903ebea0cfe447]: S. 24(2)(4) in force at 23.5.2014 in so far as not already in force by S.I. 2014/1236, art. 2(1)(d)

[^key-a3357f850eeecc2b5f9679c7d9095dd8]: S. 25 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(e)

[^key-ac97158e40534a5087faa9f950a678a0]: S. 26(11)(12) in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(f)

[^key-2ec8874880ebc88c37dc83a191f24be2]: S. 31 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(g)

[^key-94790eccff02d4cbe1f1ccadcdb5bcff]: S. 32 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(h)

[^key-2cc125b27209679792430d4424752ac4]: S. 38 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(i)

[^key-4cbf333026f4201d52da49f78b1c3fbc]: Sch. 1 para. 1 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-24a68a207741f23b0252f920420a06fc]: Sch. 1 para. 2 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-19987d182a7e28f2796844f96c34434c]: Sch. 1 para. 3 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-bd135e3b2435f32900bd69edc0d3805c]: Sch. 1 para. 4 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-26084e91f5f92278927ea91cd8c1e1ac]: Sch. 1 para. 5 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-849ba4ae7974676b673670857cbe4a5b]: Sch. 1 para. 6 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-dfc12087b428d8f20883984616f178f2]: Sch. 1 para. 7 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-954f0124dbea7a68ce8b199ae63980c6]: Sch. 1 para. 8 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-7a89a4c4aa22cac95b8ebb880108e035]: Sch. 1 para. 9 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-b6c5bb81059c42a9d8d0f420dc0f11ae]: Sch. 1 para. 10 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-4bd06305631427ff69f8e5754108508d]: Sch. 1 para. 11 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(j)

[^key-fe819f30bc00d8340bc20e450b939238]: Sch. 2 para. 1 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-d9f11cdcf257fd5451d58f5e4c625533]: Sch. 2 para. 2 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-0281a53ba446948419b4847e33330bb0]: Sch. 2 para. 3 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-9ced61ccb2037e1f76b3f14017c4330f]: Sch. 2 para. 4 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-1bd2c2acb208f27b642cf40e1b994eb7]: Sch. 2 para. 5 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-365ba5e3e2bdd5d98f54c6414054890e]: Sch. 2 para. 6 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-17553ebf52076edb6bb8bcf9f59a4f6f]: Sch. 2 para. 7 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-0789e089aa3ffaf656ad29a5d24e109f]: Sch. 2 para. 8 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-3281292cc480438f9e0357e32fdc8dc7]: Sch. 2 para. 9 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-eab5b341c4306654c50fa6f3d283ec12]: Sch. 2 para. 10 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-41a36a7877d3c3996bae9354dac782c7]: Sch. 2 para. 11 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-d6e25d6785227de12041b852267076ee]: Sch. 2 para. 12 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-975955d1417c77ff9a948f63ec635994]: Sch. 2 para. 13 in force at 23.5.2014 by S.I. 2014/1236, art. 2(1)(k)

[^key-eed272293e394b426020ffa6421cb4b1]: S. 36 in force at 1.7.2014 by S.I. 2014/1236, art. 2(2)(a) (with art. 3)

[^key-f966c09541fd38e1cd2853935a6bca0f]: S. 37 in force at 1.7.2014 by S.I. 2014/1236, art. 2(2)(b)

[^key-a853e55741549ea4b0afea37fadf6c93]: S. 1 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-1ce97b26f1354a725029fade1b06c68f]: S. 4 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-9b17fd3ac9dc101aee2d05265fbc1d69]: S. 5 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-baf24799ec20244bc1e7fab07214ddbc]: S. 6 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-457600796b1ec8daaf6290c31217d9f4]: S. 7 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-ce651fc1740277c16aaf186c84ea4b85]: S. 8 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-e00dd36915886de7084b234ae4cf2472]: S. 9 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-0d958eacf76759f52b9306eef6cae4a2]: S. 10 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-f3dc476e174394d7c42098f0439e8d07]: S. 11 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-161d73c9e8b42c055ee1e58979322277]: S. 12 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-e0c5ebd3f6cd9e927d95b0f691e30e26]: S. 13 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-6bbe927febb6406124048fcc2bde57ba]: S. 14 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-76bc40df3a92a87cc0a7208072877efe]: S. 15 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-5223ad9ea7ed97c04a38ee6e0bed953e]: S. 16 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-cc92b2bd6a943173dd04fd85236ea7d9]: S. 17 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-aa065e232351651fcde6608e206231bf]: S. 18 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-6896d33f5d216c3b71e7489471fc392b]: S. 19 in force at 1.4.2015 by S.I. 2015/954, art. 2

[^key-6e88be4bb0c09c95f046554222c1f6aa]: S. 20 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-280286ab108aee8aa8dcd778ce4b7caa]: S. 22 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-18565419c56b499225389d5beb0a0751]: S. 23 in force at 1.4.2015 in so far as not already in force by S.I. 2015/954, art. 2

[^key-030c6df1e3e3227f049262d8f0c0c10c]: S. 40 in force at 6.4.2015 with application in accordance with art. 3 by S.I. 2015/717, art. 3(1)(a)

[^key-5db15028381a6144ed732b61e2a3087d]: S. 41 in force at 6.4.2015 in so far as not already in force and with application in accordance with art. 3 by S.I. 2015/717, art. 3(1)(b) (with art. 3(2))

[^key-2f94b386442e33117e83e0778b4506d6]: Act: functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

[^key-2728df3f04648920b54190ef40fb16ab]: S. 42 in force at 1.6.2016 by S.I. 2015/717, art. 4(a)

[^key-25cff4b3d5ea8942e5ba767c23d7710d]: S. 43 in force at 1.6.2016 by S.I. 2015/717, art. 4(b)

[^key-bc95306a279b49dac859affd03579de4]: Words in s. 25(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 27(a) (with art. 12)

[^key-f25c45deac7c0321527f1a55ab277c18]: Words in s. 48(2)(a) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-c77ac8d194164a4816ac0e219509053b]: Words in s. 48(4) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-30af2aa778ab5ea791f6dc1e09ce6ca3]: S. 33(10): functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(o) (with arts. 11, 12)

[^key-f57ce3045215dfd92ac86342e8f5f69f]: Words in s. 33(10) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 24(a) (with art. 12)

[^key-8d7f77b4519a94ad79f32f1556414bbc]: Words in s. 33(11)(b) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 24(a) (with art. 12)

[^key-e6077ba986c69eb5bba137ee25857aa7]: S. 33(13) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 24(b) (with art. 12)

[^key-2952b8ff1951aa86861a09868581d326]: S. 43(4) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(a), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15)