Commentary on Sections Schedule 3: Controlled expenditure: qualifying expenses Section 27: Arrangements between third parties notified to the Electoral Commission
71.Section 27 inserts a new section, section 94A into PPERA. This section provides that a recognised third party may notify the Electoral Commission that it has agreed to be a “lead campaigner” for a plan or arrangement under which more than one third party agree to each incur controlled expenditure for a common purpose.
72.The notice to the Electoral Commission must identify other third parties that would be considered “minor campaigners” in respect of that arrangement. The minor campaigners’ expenditure (as well as being counted towards the lead campaigner’s spending limit in accordance with section 94(6)) must also be included for the purposes of the “lead campaigner’s” spending return (in accordance with sections 96 to 99A).
73.A “minor campaigner”, provided the other controlled expenditure incurred by a minor campaigner (i.e. otherwise than in its capacity as a minor campaigner) does not breach any relevant threshold (i.e. is within the thresholds for each part of the UK and, where relevant, for each constituency), the minor campaigners will not be subject to any administrative requirements, including registration. To benefit from this regime, a minor campaigner’s expenditure as part of an arrangement must be incurred after a notification in relation to that “minor campaigner” has been given to the Electoral Commission. The regime allows several “lead campaigners” to report for different “minor campaigners;” an arrangement may also contain third parties who do not wish to be considered ‘minor campaigners.’
74.The Electoral Commission must enter details of the notification it receives from the “lead campaigner” into its register of third parties, and identify the relevant “minor campaigners.”