P ART 3 C AMPAIGN FINANCE Expenditure in respect of Scottish Parliament elections 14 Notional and third party expenditure: Scottish Parliament elections 25 (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. (2) In section 73 (notional campaign expenditure), in subsection (1A)— (a) after “paragraph 3,” insert “5,”, (b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”. 30 (3) In section 86 (notional controlled expenditure), in subsection (1A)— (a) after “paragraph 3,” insert “5,”, (b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”. (4) In section 94 (limits on controlled expenditure by third parties), in subsection (8A)— 35 (a) after “paragraph 3,” insert “5,”, 11 Scottish Elections (Representation and Reform) Bill Part 3—Campaign finance (b) after “parliamentary general elections” insert “, general elections to the Scottish Parliament”. 15 Third parties capable of giving notification (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. 5 (2) In section 88 (third parties recognised for the purposes of Part 6), after subsection (10), insert— “(11) The Scottish Ministers may by regulations amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to Scottish Parliament), by— 10 (a) adding a description of third party to the list in that subsection, 1 (b) removing a description of third party from that list, or (c) varying the description of a third party in that list. (12) Regulations under subsection (11) may only be made where the regulations give effect to a recommendation of the Commission.”. 15 (3) In section 156 (orders and regulations), in subsection (4D)— (a) after “apply to” insert “any regulations under section 88(11) or”, and (b) for “such order” substitute “such regulations or orders”. 16 Restriction on which third parties may incur controlled expenditure (1) The Political Parties, Elections and Referendums Act 2000 is modified as follows. 20 (2) After section 89A insert— “89B Restriction on which third parties may incur controlled expenditure: Scottish Parliament elections (1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Scottish devolved regulated period unless the third party 25 falls within any paragraph of section 88(2) (third parties eligible to give notification). (2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Scottish devolved regulated period which do not in total exceed £700. 30 (3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1). (4) If the third party is not an individual— (a) any person who authorised the expenses to be incurred by or on behalf of the third party commits an offence if the person knew or ought 35 reasonably to have known that the expenses would be incurred in and contravention of subsection (1), (b) the third party also commits an offence. 12 Scottish Elections (Representation and Reform) Bill Part 3—Campaign finance (5) If the third party is an individual, the individual commits an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1). (6) In this section a “Scottish devolved regulated period” means a period in relation 5 to which any limit is imposed by paragraph 5 of Schedule 10 (general elections to the Scottish Parliament).”. (3) In schedule 20 (penalties), at the appropriate place in the table insert— 8 “Section 89B(4) and (5) (incurring On summary conviction in Scotland: 9 controlled expenditure in contravention of statutory maximum 10 section 89B(1)) 1 On indictment in Scotland: fine”. 17 Transitional provision: offences relating to third party expenditure (1) The amendments made by section 16 have effect only in relation to a Scottish devolved regulated period beginning on or after the day on which section 16 comes fully into 15 force. (2) In subsection (1) “a Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 of the Political Parties, Elections and Referendums Act 2000 (general elections to the Scottish Parliament). 18 Code...