First Previous (PART 4 Principal Amendments of Act of 1997 in relation to Political Donations)

38 2001

ELECTORAL (AMENDMENT) ACT, 2001

PART 5

Miscellaneous

Amendment of Act of 1997.

50. —The Act of 1997 is amended—

(a) in section 4 by—

(i) the substitution of the following subsection for subsection (2):

“(2) Where the Public Offices Commission, following consideration by it of a statement furnished to it pursuant to section 20, 24, 36, 48 or 56, finds a minor error or omission in the statement, the Commission shall furnish to the agent or person by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the agent or the person, as the case may be, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the agent or person as the case may be.”,

(ii) the insertion of the following subsections after subsection (9):

“(10) Such functions of the Public Offices Commission under this Act, as may be specified by it, may be performed under the supervision and subject to the general direction of the Commission, by members of the staff of the Commission duly authorised in that behalf by the Commission.

(11) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.”,

(b) by the insertion of the following section after section 4:

“Limitation of time for prosecution of offence.

4A.—Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 6 months from the date on which evidence that, in the opinion of the Commission, is sufficient to justify the bringing of the proceedings, comes to the Commission's knowledge,

whichever is the later, but no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.”,

(c) in section 17 by—

(i) the substitution of the following subsection for subsection (1):

“(1) Subject to the provisions of this Part, the following payments shall be made out of the Central Fund or the growing produce thereof in each period of 12 months to each qualified party which applies therefor, namely—

(a) an amount of £100,000, and

(b) an amount which bears the same proportion to the amount referred to in paragraph (a) of subsection (2) or, as appropriate, paragraph (b)(i) of that subsection, as the proportion which the total number of first preference votes obtained by every candidate of the political party concerned at the preceding general election bears to the total number of first preference votes obtained by candidates of all qualified parties at that election.”,

(ii) in subsection (2)—

(I) the substitution of the following paragraph for paragraph (a):

“(a) The aggregate of the payments which may be made to qualified parties under subsection (1)(b) shall not, subject to paragraph (b), exceed three million pounds.”,

and

(II) the substitution in paragraph (b)(i) of “which may be made under subsection (1)(b)” for “which may be made under this section”,

(iii) the deletion of subsection (3), and

(iv) the insertion of the following subsection after subsection (4):

“(4A) Where, before the date for the making of a payment under this Part—

(a) one or more political parties (which or each of which is referred to in this subsection as a ‘former party’) is or are amalgamated with another political party (in this subsection referred to as the ‘enlarged party’), or

(b) two or more political parties (each of which is also referred to in this subsection as a ‘former party’) are merged into a political party established for the purpose of the merger (in this subsection referred to as the ‘new party’),

then, if the enlarged party or new party falls within paragraph (a) of the definition of ‘qualified party’ in section 16, the total number of first preference votes obtained by every candidate of each former party shall, for the purposes of paragraph (b) of that definition and subsection (1)(b) of section 17, be attributed to the enlarged party or the new party, as the case may be.”,

(d) in section 18 by the insertion in subsection (1)(a) after “such payments to” of “the general conduct and management of the party's affairs and the lawful pursuit by it of any of its objectives and, without prejudice to the generality of the foregoing,”,

(e) in section 21 by—

(i) the substitution of the following subparagraph for subparagraph (ii) of subsection (1)(a) (inserted by section 4 of the Electoral (Amendment) Act, 1998 ):

“(ii) is not so elected but the greatest number of votes credited to him or her at any stage of the counting of votes at the election exceeds, in the case of a general election, one quarter of the quota, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected.”,

(ii) the insertion in subsection (1)(c) of “in a form directed by the Commission” after “Commission”;

(iii) in subsection (1)(d)—

(I) the substitution for “Part V, and” of “Part V,” in subparagraph (ii),

(II) the substitution for “the candidate.” of “the candidate, and” in subparagraph (iii), and

(III) the insertion of the following subparagraph after subparagraph (iii):

“(iv) certified to the said Minister that a donation statement required to be submitted under section 24(2)(a) has been furnished to the Commission and such statement was completed in accordance with guidelines issued by the Commission under section 4.”,

(f) in section 22(2)(b) by—

(i) the insertion of “(including recoupment of expenses)” after “normal remuneration” in clause (II) of subparagraph (iii) (inserted by the Electoral (Amendment) Act, 1998 );

(ii) the substitution for “donation of money;” of “donation of money,” in subparagraph (vi) (inserted by the Electoral (Amendment) Act, 1998 ); and

(iii) the insertion of the following subparagraph after subparagraph (vi):

“(vii) election expenses incurred by a political party on behalf of a candidate of the political party at a Seanad election, other than a donation of money;”,

(g) in section 24 by—

(i) in subsection (1A)(b) (inserted by the Electoral (Amendment) Act, 1998 )—

(I) the deletion of “and” in subparagraph (i),

(II) the substitution for “section 26.” of “section 26, and” in subparagraph (ii), and

(III) the insertion of the following subparagraph after subparagraph (ii):

“(iii) to donations (other than money) made by a political party to its members whether to individuals or any part of the party.”;

(ii) the insertion of the following subsection after subsection (6):

“(6A) Where the Public Offices Commission requests additional or supplemental information in relation to a donation statement, such information shall be provided by the person who furnished the statement under subsection (1) or (2) and shall be in a form, directed by the Commission, accompanied, if the Commission so requests, by a statutory declaration made by the person that, to the best of the person's knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the information.”;

and

(iii) the insertion of the following subsection after subsection (7)—

“(8) If a person to whom subsection (1)(a) or (2) applies dies before the expiration of the period for furnishing a statement under subsection (1)(a) or (2), a donation statement in respect of that person shall not be required to be made to the Public Offices Commission.”,

(h) in section 25 by—

(i) the insertion of “or section 26” after “section” where it first occurs in subsection (2), and

(ii) the insertion of “or (1A)(b)” after “subsection (1)(d)” in subsection (2)(b),

(i) in section 26 by the insertion of the following subsection after subsection (2):

“(3) A company, trade union, society or building society which fails to comply with the provisions of this section shall be guilty of an offence and section 74 shall apply to such an offence.”,

(j) in section 28(2)(a) by the insertion after “Part” of “and to assist the candidate generally in relation to the election.”,

(k) in section 31 by:

(i) in subsection (1)(a)—

(I) The deletion of all the words from “In this Part” down to and including “in order—” and the substitution of the following—

“In this Part ‘election expenses’ means all expenses falling within paragraph (b) incurred in the provision of property, goods or services for use at an election during the period referred to in subsection (3) in order—”,

and

(II) in subparagraph (iii)—

(A) the substitution of “the outcome of the election.” for “the outcome of the election;”,

and

(B) the deletion of all the words from “and shall” down to and including “at the election.”,

(ii) the substitution of the following paragraph for paragraph (b) of subsection (1):

“(b) The expenses mentioned in the foregoing definition of ‘election expenses’ shall be those, and only those, set out, in the Schedule to this Act.”,

(iii) in subsection (3)(b) the substitution of “paragraph 2(b), of the Schedule to this Act” for “subsection (1)(b)(vi)”,

and

(iv) the insertion of the following subsection after subsection (8):

“(8A) It shall be the duty of the political party or candidate concerned to furnish the relevant material referred to in subsection (8) to the relevant national agent or election agent in sufficient time to enable the agent to carry out his or her duties under section 36. A political party or a candidate which or who fails to comply with this section shall be guilty of an offence.”;

(l) in section 32 by the substitution of “£20,000” for the sum mentioned in subparagraph (i), “£25,000” for the sum mentioned in subparagraph (ii) and “£30,000” for the sum mentioned in subparagraph (iii) of subsection (1)(a),

(m) in section 36 by the insertion of the following subsection after subsection (2):

“(2A) Where the Public Offices Commission requests additional or supplemental information in relation to a statement of election expenses under this section, such information shall be provided by the agent or person who furnished the statement and shall be in a form, directed by the Commission, accompanied, if the Commission so requests, by a statutory declaration made by the agent or person that, to the best of the knowledge and belief of the agent or person, the information is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,

(n) in section 43 by the insertion of “and, for the purposes of proceedings for an offence under this paragraph, the excess of such expenditure shall be deemed to have occurred on polling day” after “appropriate,” in paragraph (a) of subsection (2),

(o) in section 46(2)(b) by the insertion of “(including recoupment of expenses)” after “normal remuneration” in clause (II) of subparagraph (iii) (inserted by the Electoral (Amendment) Act, 1998 ),

(p) in section 48 by the insertion of the following subsection after subsection (2):

“(2A) Where the Public Offices Commission requests additional or supplemental information in relation to a presidential election donation statement, such information shall be provided by the presidential election agent concerned and shall be in a form, directed by the Commission, accompanied, if the Commission so requests, by a statutory declaration made by the agent that, to the best of the agent's knowledge and belief, the information is correct in every material respect and that the agent has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,

(q) in section 50(1)(a) by the insertion of “and to assist the candidate generally in relation to the election” after “of this Part”,

(r) in section 52 by—

“(i) in subsection (1)(a)—

(I) The deletion of all the words from “In this Part” down to and including “in order—” and the substitution of the following—

“In this Part ‘election expenses’ means all expenses falling within paragraph (b) incurred in the provision of property, goods or services for use at a presidential election during the period commencing on the date of the order appointing polling day at that election and ending on polling day at that election in order—”,

and

(II) in subparagraph (iii)—

(A) the substitution of “the outcome of the election.” for “the outcome of the election,”, and

(B) the deletion of all the words from “and shall” down to and including “at the election.”,

(ii) the substitution of the following paragraph for paragraph (b) of subsection (1):

“(b) The expenses mentioned in the foregoing definition of ‘election expenses’ shall be those, and only those, set out, in the Schedule to this Act.”,

and

(iii) the insertion of the following subsection after subsection (7):

“(7A) It shall be the duty of the candidate concerned to furnish the relevant material referred to in subsection (7) to the relevant presidential election agent in sufficient time to enable the agent to carry out his or her duties under section 56. A candidate who fails to comply with this subsection shall be guilty of an offence.”,

(s) in section 56 by the insertion of the following subsection after subsection (2):

“(2A) Where the Public Offices Commission requests additional or supplemental information in relation to a statement of election expenses under this section, such information shall be provided by the presidential election agent or person who furnished the statement in a form, directed by the Commission, accompanied, if the Commission so requests by a statutory declaration made by the agent or person that, to the best of the knowledge and belief of the agent or person, the information is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,

(t) in section 61 by the insertion of “and, for the purposes of proceedings for an offence under this paragraph, the excess of such expenditure shall be deemed to have occurred on polling day,” after “section 53” in paragraph (a) of subsection (2),

(u) in section 63 by the insertion of the following subsection after subsection (2):

“(3) Rules 16 and 17 of Part II of the Second Schedule to the Electoral Act, 1992 , shall apply to an appeal against a ruling of a registration authority to an application under this section as if the reference in the said Rule 16 to an application for entry in the supplement to the register were a reference to an application for entry in the postal voters list under this section.”; and

(v) by the insertion after section 82 of the following Schedule:

“SCHEDULE

1. The following are the expenses referred to in section 31(1)(b) and 52(1)(b):

(a) Advertising (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with preparing, producing, distributing or otherwise disseminating such advertising.

(b) Publicity.

Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.

(c) Election posters.

Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters.

(d) Other election material.

Expenses in respect of such material include the design, production, printing and disseminating of such material (other than posters) including canvass cards, election leaflets, election manifestos, newsletters and any other promotional election material.

(e) Office and stationery.

Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.

(f) Transport and travel.

Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs, taxi and hackney services and courier services.

(g) Market Research.

Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party, a political group or a candidate at the election.

(h) Campaign workers.

Expenses in respect of that matter include payments to campaign workers, insurance and other costs.

2. For the avoidance of doubt, nothing in paragraph 1 of this Schedule extends to—

(a) any of the matters referred to in subparagraphs (i) to (v) of section 22(2)(b) or, in the case of a presidential election, subparagraphs (i) to (v) of section 46(2)(b),

(b) expenses incurred in the provision of property, goods or services used at an election where such property, goods or services was or were provided in respect of a previous Presidential, Dáil, European or local election and the cost of providing such property, goods or services was included in the statement of election expenses furnished to the Public Offices Commission or to a local authority in relation to the said previous election by the national agent of the party or designated person of the party or election agent of the candidate, or candidate as the case may be,

(c) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds,

(d) the payment by or on behalf of a candidate of the deposit under section 13 of the Act of 1997 or section 47 of the Act of 1992, as may be appropriate,

(e) expenditure on the purchase of copies of the register of electors or parts thereof,

(f) the reasonable living expenses (including accommodation) of a candidate or any person or persons working on behalf of the candidate on a voluntary basis, or

(g) any sum disbursed by any individual out of the individual's own resources for any minor expenses (not exceeding £100 in any one payment) lawfully incurred in relation to the election if the said sum is not repaid to the person.”.

Amendment of European Parliament Elections Act, 1997.

51. —The European Parliament Elections Act, 1997 , is amended—

(a) in section 2(1) by the insertion after the definition of “the Act of 1992” of the following definition:

“‘chief returning officer’ has the meaning assigned to it by section 15A;”;

(b) by the substitution in paragraph (b) of section 10 of “7 a.m.” for “8 a.m.”;

(c) in section 11 by the insertion of “on polling day or, if there is no polling day in relation to the constituency concerned by reason of the operation of Rule 23(1)(b), the day which is polling day generally throughout the State in relation to the election concerned” after “21 years”;

(d) by the insertion of the following section after section 15:

“Chief returning officer.

15A.—(1) Not later than the day on which an order appointing the polling day at a European election is made, the Minister shall appoint a person to be the chief returning officer for the purposes of this Act.

(2) It shall be the duty of the chief returning officer to receive the returns furnished to him or her in pursuance of this Act by the returning officer for each constituency, to make in the prescribed form to the Parliament a return of the persons elected pursuant to this Act and to do such other things in respect of a European election as he or she is required by law to do.

(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the chief returning officer such sums as the Minister for Finance shall sanction for that officer's services and expenses in respect of a European election.”;

(e) by the substitution of “chief returning officer” for “Clerk of the Dáil” or “Clerk” where those words or that word occur in the following sections and Second Schedule, namely—

(i) section 16(2),

(ii) subsections (5) and (7) of section 20,

(iii) section 21(6)(c),

(iv) in the said Schedule—

(I) Rule 23(1)(b),

(II) Rule 27(2)(a),

(III) paragraphs (5) and (6) of Rule 39,

(IV) Rule 70(b),

(V) Rule 92(1),

(VI) paragraphs (1), (2), (3) and (4) of Rule 93,

(VII) Rule 94,

(VIII) Rule 121,

(IX) Rule 139(2);

(f) in section 18 by the substitution of the following subsection for subsection (6)—

“(6) On the request of a returning officer or local returning officer for an advance on account of the officer's charges, the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), if the Minister for Finance thinks fit, and on such terms as the said Minister of the Government thinks fit, make such an advance.”;

(g) in Rule 5(3) of the Second Schedule by—

(i) the substitution of “section 25(7)(d)” for “section 25(4)(c)”;

(ii) the insertion of “and a copy of the political party's emblem as registered in the Register of Political Parties under Part III of the Electoral Act, 1992 ,” after “relevant political party”;

(iii) the insertion of “the name of the political party” after “ballot papers and” where those words first occur;

(h) in Rule 13 of the Second Schedule by the substitution of “paragraphs (3) to (5) of Rule 5” for “paragraph (3) or (4) of Rule 5” in paragraph (4);

(i) in Rule 18(3)(a) of the Second Schedule by the substitution of “section 25(7)(d)” for “section 25(4)(c)”;

(j) in Rule 50 of the Second Schedule by—

(i) the insertion of “subject to any modifications which may be provided for in regulations under paragraph 2(b)” after “Fourth Schedule” in paragraph (1);

(ii) the substitution of the following subparagraph for subparagraph (b) of paragraph (2):

“(b) a ballot paper may include a photograph of each candidate and the emblem registered in the Register of Political Parties under Part III of the Electoral Act, 1992 , of the candidate's political party in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose),”;

(iii) the insertion of “and the modifications which may be provided for in regulations under paragraph (b)” after “Fourth Schedule” in subparagraph (i) of paragraph (2);

(iv) the insertion of the following paragraph after paragraph (2):

“(2A) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;

(k) in Rule 54 of the Second Schedule by the insertion of “and where appropriate, other information concerning the poll” after “Rule 72” in paragraph (1);

(l) in Rule 59 of the Second Schedule by the insertion of “or who are unable to read or write to such an extent” after “physically incapacitated” in paragraph (f);

(m) in Rule 60 of the Second Schedule by—

(a) the insertion of “(1)” before “Where”, and

(b) the insertion of the following paragraph after paragraph (1):

“(2) (a) Where a European elector is employed by a returning officer or a local returning officer for any purpose in connection with a European election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him or her in that behalf, be entitled to have his or her name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this paragraph shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him or her on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the European elector would otherwise be entitled to vote.

(b) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were references to this paragraph.

(c) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this paragraph.”;

(n) in Rule 64 of the Second Schedule by the insertion in paragraph (3) of “or he or she is unable to read or write to such an extent” after “physically incapacitated.”;

(o) in Rule 72 of the Second Schedule—

(a) by the substitution of the following subparagraph for subparagraph (iii) (including the text in brackets) of paragraph (1)(c):

“(iii) Have you reached the age of eighteen years?”;

and

(b) by the substitution of “have attained the age of eighteen years” for “had attained the age of eighteen years on ...... (date of coming into force of the register)” in paragraph (1)(d);

(p) in Rule 75 of the Second Schedule by the insertion of the following paragraph after paragraph (1)—

“(1A) For the purposes of paragraph (1)(a), the manner in which a ballot box, being a ballot box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened, in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.”;

(q) in Rule 85 of the Second Schedule by—

(i) the substitution of “shall not” for “need not necessarily” in paragraph (8); and

(ii) the substitution of the following paragraph for paragraph (11):

“(11) Subject to paragraphs (8) and (9), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”;

(r) in Rule 88 of the Second Schedule by the insertion of the following paragraph after paragraph (1)—

“(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.”;

(s) in Rule 92(3) of the Second Schedule by the insertion of “the chief returning officer,” after “Minister,” where that word first occurs;

(t) by the deletion of Rule 95 of the Second Schedule;

(u) in Rule 118 of the Second Schedule by the substitution of “50 metres” for “100 metres” in paragraph (2);

and

(v) in Rule 139(1) of the Second Schedule by the insertion of “the chief returning officer,” after “concerned”.

Amendment of Presidential Elections Act, 1993.

52. —The Presidential Elections Act, 1993 , is amended—

(a) in paragraph (b) of section 7 by the substitution of “7 a.m.” for “8 a.m.”;

(b) in section 9 by the substitution of the following subsection for subsection (6)—

“(6) On the request of the presidential returning officer for an advance on account of his services and expenses, the Minister for Finance may, (irrespective of whether an order has been made under section 7 or not) if he thinks fit, and on such terms as he thinks fit, make such an advance.”;

(c) in section 11 by the substitution of the following subsection for subsection (3)—

“(3) On the request of a local returning officer for an advance on account of the officer's charges, the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), if he thinks fit and on such terms as he thinks fit, make such an advance.”;

(d) in section 37 by—

(i) the insertion of the following paragraph after paragraph (a) of subsection (2):

“(aa) a ballot paper may include a photograph of each candidate in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose);”;

and

(ii) in subsection (2) the insertion of “and the modifications which may be provided for in regulations under paragraph (aa)” after “directions” in paragraph (f);

and

(iii) the insertion of the following subsection after subsection (2):

“(2A) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;

and

(e) in section 43 by the insertion of the following subsection after subsection (1)—

“(1A) (a) Where a presidential elector is employed by a local returning officer for any purpose in connection with a presidential election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him in that behalf, be entitled to have his name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this section shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the presidential elector would otherwise be entitled to vote.

(b) Where an application under paragraph (a) is granted, the registration authority shall note the register of electors by placing a mark on the register against the number and name of the elector to denote that the elector's name is on the postal voters list.

(c) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were a reference to this subsection.

(d) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this subsection.”.

Amendment of Local Government Act, 1994.

53. —The Local Government Act, 1994 , is amended—

(a) by the insertion in section 5 of “on or before polling day at the relevant local election (within the meaning of Part III) or if there is no poll in the local electoral area on or before the day which is polling day generally throughout the State in relation to the election concerned, or, as the case may be, on or before the day of co-option to a local authority” after “18 years”;

(b) by the substitution in subsection (1) of section 21 of “7 a.m.” for “8 a.m.”.

Amendment of Local Elections Regulations, 1995.

54. —The Local Elections Regulations, 1995 (S.I. No. 297 of 1995), are amended—

(a) in Article 14(5) by—

(i) the substitution of “section 25(7)(d)” for “section 25(4)(c)”,

(ii) the insertion of “and a copy of the political party's emblem as registered in the Register of Political Parties” after “relevant political party”,

(iii) the insertion of “the name of the political party only” after “ballot papers and”;

(b) in Article 51 by—

(i) the insertion of “subject to any modifications thereof provided under paragraph (aa) of sub-article (2)” after “Schedule” in sub-article (1);

(ii) the insertion of the following paragraph after paragraph (a) of sub-article (2):

“(aa) a ballot paper may include a photograph of each candidate and the registered emblem of the candidate's political party and the form of the ballot paper as specified in the Fourth Schedule may be adjusted accordingly in accordance with directions by the Minister,”;

(iii) the insertion of “and the modifications thereof which may be provided for under paragraph (aa)” after “Schedule” in paragraph (e) of sub-article (2); and

(iv) the insertion of the following sub-article after sub-article (2):

“(3) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;

(c) in Article 55 by the insertion of “and, where appropriate, other information concerning the poll” after “article 73” in sub-article (1);

(d) in Article 60 by the insertion of “or who are unable to read or write to such an extent” after “physically incapacitated” in paragraph (f);

(e) in Article 61 by—

(i) the insertion of “(1)” before “Where, an elector”,

and

(ii) the insertion of the following sub-article after sub-article (1):

“(2) (a) Where a local government elector is employed by a returning officer for any purpose in connection with a local election and is registered to vote in a local electoral area, other than one in which the employment occurs, the elector shall, on application being made by him or her in that behalf, be entitled to have his or her name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this sub-article shall be made on a form directed by the Minister, and the returning officer who is employing the person shall certify on the form that the person will be employed by him or her on polling day in connection with the election and will be unable to vote in person in the local electoral area at the polling station at which the local government elector would otherwise be entitled to vote.

(b) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were references to this sub-article.

(c) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this sub-article.”;

(f) in Article 65 by the insertion of “or he or she is unable to read or write to such an extent” after “physically incapacitated” in sub-article (3);

(g) in Article 73 by—

(i) the substitution of the following paragraph for paragraph (c) (including the words in brackets) of sub-article (2):

“(c) Have you reached the age of eighteen years?”;

and

(ii) the substitution of “have attained the age of eighteen years” for “had attained the age of eighteen years on or before ...... (date of coming into force of the register)” in sub-article (3);

(h) in Article 76 by the insertion of the following sub-article after sub-article (1):

“(1A) For the purposes of sub-article (1), the manner in which a ballot box, being a box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.”;

(i) in Article 83 by—

(i) the substitution of “shall not” for “need not necessarily” in sub-article (8); and

(ii) the substitution of the following sub-article for sub-article (11)—

“(11) Subject to sub-articles (8) and (9), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”;

(j) in Article 86 by the insertion of the following sub-article after sub-article (1)—

“(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.”;

(k) by the substitution of the following Article for Article 88—

“88 (1) The order in which candidates credited with a number of votes equal to or greater than the quota shall be deemed to be elected shall be the order of the count at which they were deemed to be elected.

(2) Where more than one candidate is deemed to be elected at the same count, such candidates shall be deemed to be elected in the order of magnitude of their surpluses. Where such a candidate is credited with a number of votes equal to the quota he shall, for the purposes of this article, be regarded as having had the smallest surplus at that count.

(3) Where two or more candidates are deemed to be elected at the same count with either equal surpluses or with no surpluses, the candidates shall be deemed to be elected in the order of magnitude of their original votes, beginning with the largest. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts, the candidates shall, in cases where lots were drawn to determine the order in which equal surpluses were to be dealt with, be deemed to have been elected in the order so determined. In all other cases the returning officer shall determine by lot the order in which such candidates shall be deemed to have been elected.

(4) Where a single candidate is deemed to be elected under article 86 such candidate shall be deemed to have been elected last of all the candidates deemed to have been elected at that counting of votes.

(5) Where more than one candidate is deemed to be elected under article 86 they shall be deemed to be elected in the order of magnitude of the numbers of votes credited to them, beginning with the largest, and where any such numbers are equal, the question shall be determined as between such candidates as if those numbers were surpluses.”;

and

(l) in article 108 by the substitution of “50 metres” for “100 metres” in sub-article (2).

Amendment of Referendum Act, 1994.

55. —The Referendum Act, 1994 , is amended—

(a) in paragraph (b) of section 13 by the substitution of “7 a.m.” for “8 a.m.”;

(b) in section 14 by the substitution of the following subsection for subsection (6)—

“(6) The Minister for Finance (irrespective of whether an order has been made under section 13 or not) may make an advance to the referendum returning officer for the officer's services and expenses on such terms as that Minister thinks fit.”;

(c) in section 16 by the substitution of the following subsection for subsection (3):

“(3) On the request of a local returning officer for an advance on account of the officer's charges the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), on such terms as the Minister for Finance thinks fit, make such an advance.”;

(d) in section 23 by the insertion of the following paragraph after paragraph (d):

“(e) a statement for the information of voters prescribed at a referendum may issue to electors on a document other than a polling information card if the statement cannot be accommodated on the polling card because of its length.”;

(e) in section 31 by the insertion of the following subsection after subsection (1):

“(1A) (a) Where a presidential elector is employed by a local returning officer for any purpose in connection with a referendum and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him in that behalf, be entitled to have his name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this section shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him on polling day in connection with the referendum and will be unable to vote in person in the constituency at the polling station at which the presidential elector would otherwise be entitled to vote.

(b) Where an application under paragraph (a) is granted, the registration authority shall note the register of electors by placing a mark on the register against the number and name of the elector to denote that the elector's name is on the postal voters list.

(c) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were a reference to this subsection.

(d) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this subsection.”.

Amendment of Seanad Electoral (University Members) Act 1937.

56. —The Seanad Electoral (University Members) Act, 1937 , is amended—

(a) in section 7(2) by the deletion of “, if a woman”;

(b) in section 8 by the insertion of the following subsection after subsection (1):

“(1A) (a) Notwithstanding the provisions of this section and the First Schedule to this Act, the governing body of every university which is a university constituency shall cause to be prepared and published a version of the register of electors which shall be known and is in this Act referred to as the ‘edited register’ in accordance with Rule 15A of the said Schedule.

(b) A person who uses information in the register prepared under subsection (1) of this section, being information which is excluded from the edited register, for a purpose, other than an electoral or other statutory purpose, shall be guilty of an offence.

(c) A governing body shall not be obliged to comply with paragraph (a) of this subsection until the day which is 3 years after the commencement of section 56 of the Electoral (Amendment) Act, 2001, but if it complies with that paragraph before that day, paragraph (b) of this subsection and section 25 (inserted by section 166 of the Principal Act) of this Act shall apply accordingly.”;

(c) in section 15 by the insertion of the following subsection after subsection (2):

“(3) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (2) of this section has been prepared or not), if he thinks fit and on such terms as he thinks fit, make such an advance.”;

(d) in section 20(2) by the insertion of “and may include a photograph of each candidate in accordance with such requirements as may be prescribed in that behalf” after “perforated”;

(e) in section 25 (inserted by section 166 of the Principal Act) by the insertion of “133,” after “57,” in subsection (1);

(f) in the First Schedule—

(i) in Rule 4—

(I) by the substitution of “sent, and” for “sent.” in paragraph (c);

(II) by the insertion after paragraph (c) of the following paragraph:

“(d) that he does not wish his name and address to be used for a purpose other than an electoral or other statutory purpose.”;

(ii) in Rule 14—

(I) by the substitution of “dead, and” for “dead.” in paragraph (c);

(II) by the insertion of the following paragraph after paragraph (c);

“(d) removing from such register the name of any person, after reasonable enquiry by the registration officer, whose address or the address to which a ballot paper is to be sent is unknown.”;

(iii) in Rule 15 by the insertion of “in printed form or in electronic format” after “copy” in paragraph (d); and

(iv) by the insertion of the following Rule after Rule 15:

“15A. (1) Following publication of the revised register (within the meaning of Rule 15 of this Schedule) the registration officer shall prepare and publish a version of the register by omitting therefrom the names and addresses of registered electors who have requested that such details should not be used for a purpose other than an electoral or other statutory purpose.

(2) Where an elector whose details are included in an edited register requests the registration officer to delete the elector's details from the edited register, the registration officer shall note the request and notify any person who received a copy of the edited register of the request.

(3) The registration officer may supply on request to any person a copy of the edited register or part thereof in printed form or in electronic format on payment of a prescribed fee.”.

Amendment of Seanad Electoral (Panel Members) Act, 1947.

57. —The Seanad Electoral (Panel Members) Act, 1947 , is amended—

(a) in section 4 by the insertion of the following subsection after subsection (3):

“(3A) On the request of the Seanad returning officer for an advance on account of his charges the Minister for Finance may, after consultation with the Minister (irrespective of whether an order under section 24 or 56 of this Act has been made or not) if he thinks fit, and on such terms as he thinks fit, make such an advance.”;

(b) in section 47 by the insertion of the following paragraph after paragraph (b) of subsection (1)—

“(bb) a ballot paper may include a photograph of each candidate in accordance with such requirements as may be prescribed;”;

and

(c) in the First Schedule by the deletion of Rule 23.

Amendment of Local Elections (Disclosure of Donations and Expenditure) Act, 1999.

58. —The Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , is amended—

(a) in section 2(1)—

(i) by the insertion in the definition of “donation” after “candidate at an election”, where those words first occur, of “or a member of a local authority, political party or third party in connection with an election, plebiscite or campaign”;

(ii) by the substitution of the following definition for the definition of “local authority concerned”:

“‘local authority concerned’ means the local authority to which a candidate seeks or sought election or in whose functional area a local political matter arises;”;

(b) in section 6(1)(a) by the substitution of “paragraph (aa) and (b)” for “paragraph (b)”;

(c) in section 6(1)(a)(iii)—

(i) the substitution of “the outcome of the election.” for “the outcome of the election,”,

and

(ii) the deletion of all the words from “and shall” down to and including “at the election.”,

(d) by the insertion of the following paragraph after paragraph (a) of section 6(1)—

“(aa) The expenses mentioned in the foregoing definition of ‘election expenses’ shall be those, and only those, set out in the Schedule to this Act.”;

(e) in section 6(1)(b)(iii) by the insertion of “(including accommodation)” after “living expenses”;

(f) in section 6(1)(b)(iv) by the insertion of “(not exceeding £100 in any one payment)” after “minor”;

(g) in section 6(1)(b)(vi)(II) by the insertion of “(including recoupment of expenses)” after “normal remuneration”;

(h) in section 6 by the insertion of the following subsection after subsection (8):

“(8A) It shall be the duty of the political party concerned to furnish the relevant material referred to in subsection (8) to the relevant national agent or designated person in sufficient time to enable the agent or person to carry out his or her duties under section 13. A political party which fails to comply with this subsection shall be guilty of an offence.”;

(i) in section 13 by—

(i) in subsection (1) by—

(I) the insertion of “or an elected member” after “a designated person” where those words occur in paragraphs (a)(ii) and (b),

(II) the substitution for “A candidate” where those words occur in paragraphs (a)(iii) and (c)(i) of “An unsuccessful candidate”,

(III) the insertion of “shall be in the prescribed form and” after “The statement” in paragraph (c)(iii),

(ii) the insertion in subsection (2) of “elected member, unsuccessful” after “designated person”,

(iii) the insertion in subsection (3) of “elected member, unsuccessful” after “designated person,”;

(j) in section 14 by the insertion in subsections (1) and (2) of “or a donation statement and a statutory declaration furnished pursuant to section 19E” after “section 13(1)(a)”;

(k) in section 18 by—

(i) the substitution of “section 13, 19D or 19E” for “section 13” in subsection (1),

(ii) the substitution of “section 13 or 19E” for “section 13” in subsection (3)(a) and subsection (7),

(iii) the insertion of the following subsection after subsection (5):

“(5A) Where the local authority requests additional or supplemental information in relation to a statement furnished under section 13 such information shall be provided by the person who furnished the statement and shall be in a form, directed by the local authority, accompanied, if the local authority so requests, by a statutory declaration made by the person to the effect that to the best of his or her knowledge and belief the information is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,

(iv) the insertion of the following subsection after subsection (8):

“(9) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.”;

(l) in section 19 by the substitution of “section 13 or 19E” for “section 13” in subsections (1) and (2);

(m) by the insertion of the following Part after Part IV—

“PART IVA

Disclosure of Donations

Interpretation.

19A.—For the purposes of this Part—

‘account’ means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;

‘candidate’ means a person who on or before the date of the making of the order appointing polling day in relation to an election is declared by himself or herself or by others to be a candidate at the election concerned;

‘institution’ means—

(a) the holder of a licence under section 9 of the Central Bank Act, 1971 ,

(b) a building society incorporated or deemed to be incorporated under the Building Societies Act, 1989 , or a body incorporated in a corresponding manner under the law of any other Member State of the European Communities,

(c) a trustee savings bank within the meaning of the Trustees Savings Banks Act, 1989,

(d) ACC Bank plc,

(e) An Post, or

(f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 (S.I. No. 395 of 1992), to carry on business in the State;

‘local political matter’ means a matter relating to the policy or policies or functions of a local authority or other statutory body in which are vested functions in relation to local government;

‘political purposes’ means any of the following purposes, namely—

(i)   (I) to promote or oppose, directly or indirectly, the interests of a political party or a member of a local authority, or

(II) to present, directly or indirectly, the policies or a particular policy of a political party, a member of a local authority or a third party, or

(III) to present, directly or indirectly, the comments of a political party, a member of a local authority or a third party with regard to the policy or policies of another political party, member of a local authority, third party or candidate at the election, or at a plebiscite or campaign or otherwise, or

(IV) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a plebiscite or local political matter,

(ii) to promote or oppose, directly or indirectly, the election of a candidate at the election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate with regard to any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or third party or of another candidate at the election or otherwise,

(iii) otherwise to influence the outcome of the election, or a plebiscite or campaign;

‘plebiscite’ means a poll to ascertain the views or consent of qualified electors, within the meaning of section 67(2) of the Local Government Act, 1994 , in relation to a local political matter;

‘responsible person’, in relation to a third party, means a person who is responsible for the organisation, management or financial affairs of the third party;

‘third party’, in relation to a local election, plebiscite or campaign, means any person, other than a political party registered in the Register of Political Parties under Part III of the Act of 1992 or a candidate at an election, who accepts, in any particular year, a donation the value of which exceeds £100.

Limits on donation amounts.

19B.—(1) (a) Without prejudice to subsection (2), a candidate at an election shall not, directly or through any intermediary, accept in connection with the election from a particular person a donation the value of which exceeds £2,000.

(b) Without prejudice to subsection (2), none of the following persons, namely—

(i) a member of a local authority,

(ii) a political party, or

(iii) a third party,

shall, directly or through any intermediary, accept from a particular person in a particular year a donation the value of which exceeds—

(I) in case the first-mentioned person falls within subparagraph (i), £2,000,

(II) in case the first-mentioned person falls within subparagraph (ii) or (iii), £5,000.

(2) None of the persons referred to in subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—

(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or

(b) a body corporate or an unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed.

(3) For the avoidance of doubt, if the provisions of section 23A or 48A of the Electoral Act, 1997 , fall to be applied to anything referred to in subsection (1) or (2), the provisions of the said section 23A or 48A (as the case may be) and subsection (1) or (2) shall be construed as permitting only one donation of the value of £2,000 or £5,000, as the case may be (or two or more donations of a total value of the said amount) to be received from a particular person in relation to the same matter.

(4) Where a person makes more than one donation in the same year to the same member of a local authority or, in relation to the same election, plebiscite or campaign, to the same candidate or political party or, in connection with the same election, plebiscite or campaign, to the same third party, all such donations shall, for the purposes of this section, be aggregated and treated as a single donation received by the person concerned and references in subsequent provisions of this section to a donation the acceptance of which is prohibited by subsection (1) shall be construed accordingly.

(5) The limits referred to in subsection (1) shall not apply to the provision by any person of a constituency office to an individual or, if more than one such office is provided to the individual, whichever one of those offices is nominated in writing by the individual for the purposes of this subsection.

(6) Where, notwithstanding subsection (1) or (2), a donation the acceptance of which is prohibited by either subsection, is made to a person referred to therein the donee shall, not later than 14 days after the receipt of the donation, either—

(a) return the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned, to the donor and keep a written record of that return for the purposes of its being furnished to the local authority concerned, if required by it, or

(b) notify the local authority concerned of such receipt and remit the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof to the authority.

(7) A local authority shall dispose of all moneys, property or goods received by it under subsection (6) in such manner as it determines.

Variation of monetary amounts by order of Minister.

19C.—(1) The Minister may, by order, vary any monetary amount specified in section 19A, 19B, 19D, 19E or 19F having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section, and may, by order, amend or revoke any such order.

(2) For the purposes of this section, ‘change in the consumer price index’ means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the provision specifying the amount applying immediately before the making of the said order, including an order under this section, expressed as a percentage of the last-mentioned number.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.

Political donations accounts.

19D.—(1) A member of a local authority, a candidate at an election or a third party who receives, in any particular year, a monetary donation the value of which exceeds £100 shall open and maintain an account in an institution in the State and shall lodge that donation and any further monetary donations received by him or her to that account.

(2) A member of a local authority or an unsuccessful candidate at an election shall ensure that, in the case of a member, the donation statement furnished by him or her under section 19E to a local authority and, in the case of an unsuccessful candidate, the statement furnished by him or her under section 13, is accompanied by—

(a) a statement provided by the institution referred to in subsection (1) with which he or she has opened the account referred to therein specifying the transactions that have taken place in relation to the account, in the case of a member of a local authority, during the year preceding the year in which the said donation statement is furnished or, in the case of an unsuccessful candidate, during the period beginning on the date of opening of the account and ending on polling day at the election, and

(b) a certificate, in the form directed by the Minister, signed by the member or unsuccessful candidate, stating that all donations referred to in subsection (1) that were received by him or her during the said preceding year or said period, as the case may be, were lodged to the said account and all amounts debited from that account were used for political purposes.

(3) Not later than 31 March in every year, the responsible person of a third party shall furnish to the local authority concerned a statement provided by the institution referred to in subsection (1) with which the third party has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the preceding year together with a certificate, in the form directed by the Minister, signed by him or her stating that all donations referred to in subsection (1) that were received by the third party during the preceding year were lodged to the said account and all amounts debited from that account were used for political purposes.

(4) The certificate to be furnished under subsection (2) or (3) shall be accompanied by a statutory declaration made by the person by whom the certificate is furnished that, to the best of the person's knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the certificate.

(5) If a person to whom subsection (2) applies dies before the expiration of the period for the furnishing of the donation statement or, as the case may be, the statement under section 13 referred to in that subsection to the local authority concerned the requirements of that subsection with respect to that statement being accompanied by the statement and certificate referred to therein shall not apply.

(6) A local authority shall retain the statements, certificates and statutory declarations furnished to it pursuant to subsection (2) or (3) and shall not disclose the contents of those statements, certificates or declarations unless ordered by a court to do so or save when such disclosure is required in connection with an investigation held by the local authority.

(7) A member of a local authority, a candidate at an election, a third party or the responsible person of a third party, as the case may be, who fails to comply with subsection (1), (2), (3) or (4) shall be guilty of an offence.

Donation statement.

19E.—(1) Not later than the 31st day of January in every year, each person who, in the preceding year, was a member of a local authority shall furnish to the local authority concerned a written statement, in the form directed by the Minister, in respect of the preceding year indicating whether during that year the member received a donation the value of which exceeded £500 and stating in respect of each such donation (if any)—

(i) the value of the donation, and

(ii) the name, description and postal address of the person by or on whose behalf the donation was made.

(2) A statement furnished pursuant to subsection (1) (which shall be known, and is referred to in this Act, as a ‘donation statement’) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the person's knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(3) It shall be the duty of every person who is required by this section to furnish a donation statement and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.

(4) If the person to whom subsection (1) applies dies before the expiration of the period for furnishing a statement under that subsection, such statement shall not be required to be made to the local authority concerned.

Anonymous donations.

19F.—(1) A member of a local authority, a candidate at a local election or a third party at a local election or a plebiscite or in connection with a campaign or otherwise shall not, directly or through any intermediary, accept a donation the value of which exceeds £100 unless the name and address of the person by or on whose behalf the donation is made are known to the member, candidate or third party, as the case may be.

(2) Where, notwithstanding subsection (1), a donation, acceptance of which is prohibited by that subsection, is made to a member of a local authority, a candidate at a local election or a third party at a local election or a plebiscite or in connection with a campaign or otherwise, the member, candidate or party concerned shall, not later than 14 days after the receipt of such donation, notify the local authority concerned in writing of such receipt and remit the donation or the value thereof to the local authority.

(3) The said local authority shall cause a copy of each notification received under subsection (2) by it to be laid before the members of the local authority and shall dispose of all moneys, property or goods received under the said subsection in such manner as it determines.

Registration of third parties.

19G.—As soon as may be after the receipt by it of a donation the value of which exceeds £100 and before incurring any expenses for political purposes or, as the case may be, incurring, subsequent to that receipt, any further such expenses, a third party shall furnish to the local authority concerned in writing—

(a) the name and address of the third party and the name and address of the responsible person or each responsible person in relation to the third party,

(b) a statement of the nature, purpose and estimated amount of the donations to, and proposed expenses of, the third party in any year, and

(c) an indication of the third party's connection, if any, with any political party or candidate at the election or with plebiscite or campaign.”;

(n) in section 20 by—

(i) the deletion of “donations and” after “statement of” and the substitution of “section 13(1)(a)(ii)” for “subsection 13(1)(a)(iii)” in subsection (2),

(ii) the substitution of “pursuant to section 13” for “of donations and election expenses” in subsection (4);

(o) in section 21 by—

(i) the insertion of the following subsections after subsection (4)—

“(4A) A person to whom section 19D applies shall be guilty of an offence if he or she—

(a) fails to furnish the statement of an institution, certificate or statutory declaration required by subsection (2) or (3) of section 19D on or before the relevant specified date, or

(b) knowingly furnishes such a statement, certificate or declaration which is false or misleading in any material respect.

(4B) A person shall be guilty of an offence if he or she—

(a) fails to notify the local authority concerned in accordance with section 19B or 19F of the receipt of a donation acceptance of which is prohibited by that section,

(b) fails to remit to the local authority concerned or donor in accordance with section 19B or 19F such a donation or part of a donation or value thereof,

(c) fails to furnish the statement and make the statutory declaration required by section 19E on or before the relevant specified date,

(d) knowingly furnishes a donation statement or makes a statutory declaration required by section 19E which is false or misleading in any material respect, or

(e) fails to comply with section 19G.”;

(ii) by the insertion of “or section 19B, 19D, 19E, 19F or 19G” after “this section” in subsection (5)(a);

(iii) the substitution of “(3)(c), (4A)(b) or (4B)(d)” for “or (3)(c)” in subparagraph (ii) of subsection (5)(a);

(iv) the insertion of “or a statement or certificate or statutory declaration under section 19D or 19E” after “section 13” in paragraph (b) of subsection (5); and

(p) by the insertion of the following Schedule after section 25:

“SCHEDULE

1. The following are the expenses referred to in section 6(1)(aa):

(a) Advertising (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with preparing, producing, distributing or otherwise disseminating such advertising.

(b) Publicity.

Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.

(c) Election posters.

Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters.

(d) Other election material.

Expenses in respect of such material include the design, production, printing and disseminating of such material (other than posters) including canvass cards, election leaflets, election manifestos, newsletters and any other promotional election material.

(e) Office and stationery.

Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.

(f) Transport and travel.

Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs, taxi and hackney services and courier services.

(g) Market Research.

Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party or a candidate at the election.

(h) Campaign workers.

Expenses in respect of that matter include payments to campaign workers, insurance and other costs.

2. For the avoidance of doubt, nothing in paragraph 1 of this Schedule extends to any of the matters referred to in section 6(1)(b).”.