Commentary on Sections Part 2: Political Donations Etc and Expenditure Section 17: Control of loans etc to holders of elective office: compliance officers
82.Section 17 amends Schedule 7A to the 2000 Act by inserting a new paragraph 18 that provides that a compliance officer appointed according to the provisions of paragraph 17 of Schedule 7 of the 2000 Act (as inserted by section 15 of this Act) can assist the office-holder with his or her obligations in relation to the reporting of regulated transactions under that Act.
83.New paragraph 18(2)(a) provides that where a notice under paragraph 17 of Schedule 7 is in force any duty imposed under paragraphs 9, 10, 11 or 13 of Schedule 7A may be carried our by either the compliance officer or the office-holder. These paragraphs relate to the reporting to the Electoral Commission of a regulated transaction with an authorised participant, the reporting of a transaction with an unauthorised participant, the reporting of changes to a recorded transaction and also the giving of the declaration contained in a report.
84.Sub-paragraph (2)(b) has the effect that a compliance officer may also be liable, in addition to the office-holder, for the offences in paragraph 12(1) and (2) of Schedule 7A. These offences are failing to report to the Commission a transaction with either an authorised participant or unauthorised participant within the time limits or failing to report in accordance with the requirements set out in the 2000 Act.
85.Sub-paragraph (2)(c) provides that where, instead of the office-holder, a compliance officer makes the statutory declaration on a transaction report in accordance with paragraph 13 of Schedule 7A, the compliance officer will be liable, and not the office-holder, for any offence under paragraph 13(4) of knowingly or recklessly making a false declaration.
86.Sub-paragraph (3) protects the compliance officer from liability for any offence under paragraph 12(1) and (2) of Schedule 7A relating to any controlled transaction entered into by the office-holder before he or she was appointed.