188.Section 94(3) to (5) makes it an offence for a third party to incur controlled expenditure in excess of £10,000 in England or £5,000 in Scotland, Wales or Northern Ireland during a regulated period for an election, unless it is a recognised third party. The procedure whereby a third party can become a recognised third party is set out in section 88. The procedure involves submitting a notification to the Electoral Commission. By virtue of section 88(2) only the following may give a notification: an individual resident in the United Kingdom or registered as an overseas elector; a registered party; or a permissible donor falling within section 54(2)(b) or (d) to (h). The notification given by a third party must specify the name and address of the third party and, in the case of a company, trade union, building society, limited liability partnership, friendly or industrial and provident society or unincorporated association, the person who will be responsible for ensuring compliance with the accounting and disclosure provisions of this Part. (The ‘responsible person’ in the case of a third party that is a registered party will be the treasurer of the party and in the case of an individual, that individual.) Such a notification may be made at any time. A notification under section 88 will normally lapse unless renewed on an annual basis. Under section 88(5) a notification which would have lapsed during a regulated period continues in force until the end of that period. Section 89 requires the Commission to maintain a register of notifications.
Commentary on Sections Part VI : Controls relating to third party national election campaigns Sections 88 and 89 : Recognised third parties