Act On Certain Matters Relating To The Political Parties (Political Parties Act)

Original Language Title: Lov om visse forhold vedrørende de politiske partiene (partiloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-17-102

Act on certain matters relating to the political parties (Political Parties Act).


Date LOV-2005-06-17-102


Ministry Ministry of Local Government and Regional Development

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2005 Booklet 8


Effective 01.01.2006, 01.07.2005

Changes
LOV-1998-05-22-30

Promulgated
17.06.2005

Short Title
Political Parties Act

Chapter Overview:

Chapter 1. Introductory provisions (Article 1)
Chapter 2. Registration of political parties (§§ 2-9)
Chapter 3. Financing of political parties' organizations and elected groups (§§ 10-16)
Chapter 4. Support from others. Accounting, bookkeeping and reporting. Publication (§§ 17-23)
Chapter 5. Committee for control over party financing, appeals etc. (§§ 24-27)
Chapter 6. Administrative sanctions, confiscation and penalties (§§ 28-30)
Chapter 7. Commencement and transitional rules (§31)

Ref. Law 28 June 2002 No.. 57.

Chapter 1. Introductory provisions

§ 1. Purpose and scope
(1) The purpose is:

-
To facilitate selection by the Act of 28 June 2002 No.. 57 on general elections, county and municipal councils (election law) through a public registration system for all political parties,

-
Establishing limits for the parties 'financial circumstances that helps to ensure them a financial base through government grants and otherwise contribute to increasing parties' self-financing capacity and independence and

-
To ensure the public's right of access and to combat corruption and unwanted bonds in that there is transparency about the funding of political parties' activities.

(2) The King may issue regulations on the application of Svalbard and may lay down special rules taking account of the conditions there.

(3) This Act applies to political parties' main organization, key youth, county organization, county youth and municipal organization. The groups in Parliament, county and municipal councils are not covered by the law. Chapters 3 and 4 apply to parties registered in accordance with Section 2

Chapter 2. Registration of political parties

§ 2. The registration authority. Effects of registration
(1) A political party that meets the conditions of § 3, may apply for registration of party name in The Register kept by the Registry Unit in Brønnøysund.

(2) Before the party can be registered in The Register, it must be registered in the CCR and assigned a unique registration number, ref. Coordinating Register Act § 5. When the party is registered in the CCR, submitted the information which is registered as a basis for Political Parties .

(3) Registration in the Register means that the party gets exclusive rights to electoral lists under the registered name.

§ 3. Conditions for registration of party names in the Register of Political
(1) In order for a party name should be able to join the Register of Political, it must not be confused with the name of

A)
other party Register of Political Parties or

B)
Sami political unit registered with the Sami Parliament

In special cases, the registration authority also otherwise refuse to register the party name.

(2) The application must Party attach the following documentation:

A)
formation document of the party,

B)
state who are elected members of the party's executive body, and who is authorized to represent the party central issues in this legislation,

C)
statute that establishes the organ in the party elects the party's executive body, and

D)
declaration from at least 5000 persons entitled to vote in parliamentary elections, that they want the party name registered. Whoever submits a declaration must have reached voting age by the end of the calendar application is submitted. The application may be less than one year before an election, it is sufficient that the voting age has been reached by the end of the election year. Of the declaration shall state the name, date of birth and address of the person who made it. The declaration must be single-handedly signed and dated by the person who has made it. No statement shall be more than one year older than the application.

(3) The application must have been recorded by the registration authority by 2 January of the election year, for registration to affect the election.

§ 4. Change of registered party name. Merging parties under a new name

(1) A registered political party may apply to change the registered name of the party. The provisions of § 3 shall apply accordingly. Instead of the formation Protocol shall be the minutes of the meeting where it was decided to rename the party. If party received fewer than 500 votes in one county or at least 5000 votes in the whole country at the last general election, the conditions set in § 3 second paragraph d.

(2) If two or more registered parties merge to seek registration under a new name, it is considered an application for a change. Instead of the formation Protocol shall be the minutes of the meeting where it was decided to switch parties together and seek registration under a new name. If one of the parties received fewer than 500 votes in one county or at least 5000 votes in the whole country at the last general election, the conditions set in § 3 second paragraph d.

§ 5. Deregistration. When a party name becomes freely
(1) The effect of registration expires and party name becomes free when the party did not set list in any constituency at two consecutive general elections. Party name must be deleted from the Political Parties.

(2) The same applies four years after the party is dissolved or has been renamed.

§ 6. Information concerning the members of the party's executive body
(1) Registered parties shall by changing the previously recorded information, notify the Registry Unit in Brønnøysund about who are members of the party's executive body.

(2) The parties shall by 2 January of the election year to submit updated information or confirmation of the information Register of Political Parties, who will serve as members of the party's executive bodies with effect for the election. The Registrar shall in good time before the deadline to inform parties of the information registered in The Register.

§ 7. Announcement of decisions Registrar shall announce the decision on registration of new party name or deleting names from The Register.

§ 8. Appeals
(1) Registration Authority decision under this section may be appealed to the Political Parties Act Committee, ref. Chapter 5. The deadline for appeal is three weeks. The appeal shall be lodged with the Registrar and shall be in writing and justified. The Tribunal sends notification of decisions in appeals to the registrar. The Committee's decisions in appeals shall be published.

(2) Political Parties decisions may be brought before the courts. Lawsuits must be brought before within two weeks from the date of notification of the board's decision stating the deadline for lawsuit came to the party concerned. A court decision on party registration is only effective for a forthcoming election if it is enforceable by 31 March of the election year. Until any final judgment has been, added committee's decision as a basis for Political Parties.

§ 9. Regulations The Ministry may issue further provisions concerning the registration system and the registration authority business.

Chapter 3. Financing of political parties' organizations and elected groups

§ 10. General principles for public support
(1) Government grants to political parties organizations at national, regional and municipal levels are provided with the amount determined by Parliament.

(2) Parliament is financing the elected groups in Parliament. The county is funding the elected groups in the county council. The municipality finances the elected groups in the council. Support for the elected groups in the county council and the municipal council shall be granted proportionally according to their election participation.

(3) In support of a government, municipality or county shall not be linked conditions that may conflict with the political parties independence.

(4) The authorities shall not supervise the parties or groups disposition of support.

§ 11. Government grants to political parties' organizations and youth organizations at national level
(1) Political parties may apply to the Ministry of state support for the party organization at the national level. The grants are provided as vote support and basic support.

(2) vote support is paid as an equal amount per vote received by the last general election. Initial support is paid as an equal amount to the parties at the last general election received at least 2.5% of the vote nationwide or receiving least one representative elected in Parliament. Of the total support allocated 9/10 as vote support and 1/10 aground.

(3) The central youth organization into a political party that is entitled to vote support may apply to the Ministry for state support. The grants are provided as an equal amount per vote the party achieved at the last general election.


(4) Applications for grants during the first year after an election deemed to apply throughout the election period as long as the applicant does not provide other information during the period.

(5) Before government support may be paid, the applicant must provide information to the Ministry about the bank account where the payment shall be made to and who has the right of disposal. Confirmation should be administered at least once annually.

§ 12. Government grants to political parties' organizations and youth organizations in the counties
(1) A county organization for a party may apply for funding. The grants are provided as vote support and basic support. Party organizations in Oslo can apply for support both as a county organization and as a municipal organization, ref. § 13.

(2) vote support is paid as an equal amount per vote received in the county at the last county. Initial support is paid as an equal amount to the parties at the last county council received at least 4% of the vote in the county or who received least one representative elected in the county council. Of the total support allocated 9/10 as vote support and 1/10 aground.

(3) Region youth organization to a party who is entitled to vote support may apply for state funding. The grants are provided as an equal amount per vote the party achieved at the last county in the county.

(4) Applications should be sent to the county governor. Applications for grants during the first year after an election deemed to apply throughout the election period as long as the applicant does not provide other information during the period. Support will be paid by the County to the parties' county organizations and youth organizations.

(5) Common lists, consisting of parties that meet the conditions in section 2 may apply for vote support and basic support. The grant is calculated in accordance with the second paragraph. The parties' agreed proposal for distribution form the basis for payments. Should the parties on the joint list fail to agree on the distribution, grant shall be distributed discretion and based on the number of votes for parties on a national basis or by the number of votes cast at a previous election.

(6) Before the state support may be paid should submit the county information about the bank account payment shall be made to, account holder name and who has the right of disposal. Confirmation should be administered at least once annually.

§ 13. Government grants to political parties' organizations in municipalities
(1) A municipality organization for a party may apply for funding. The grants are provided as vote support and basic support. Party organizations in Oslo can apply for funding both the municipal organization and the county organization, ref. § 12.

(2) vote support is paid as an equal amount per vote received in the municipality at the last municipal elections. Initial support is paid as an equal amount to the parties at the last local elections received at least 4% of the vote in the municipality or receiving least one representative elected by the municipal council. Of the total support allocated 9/10 as vote support and 1/10 aground.

(3) The application is sent to the county governor. Applications for grants during the first year after an election deemed to apply throughout the election period as long as the applicant does not provide other information during the period. Support will be paid by the County to the parties' municipal organizations.

(4) Joint lists, consisting of parties that meet the conditions in section 2 may apply for vote support and basic support. The grant is calculated in accordance with the second paragraph. The parties' agreed proposal for distribution form the basis for payments. Should the parties on the joint list fail to agree on the distribution, grant shall be distributed discretion and based on the number of votes for parties on a national basis or by the number of votes cast at a previous election.

(5) Before government support may be paid, the applicant must provide the county information about the bank account payment shall be made to, account holder name and who has the right of disposal. Confirmation should be administered at least once annually.

§ 14. Ministry's right to withhold state aid ministry may make it a condition for payment of state subsidies to a party or party units that this has made a report under the provisions of Chapter 4.

§ 15. Appeals against decisions concerning state aid decisions on the allocation of state aid can be appealed to the Political Parties Act Committee, ref. Section 5, within three weeks after it was passed. The Committee's decisions may be brought before the courts.

§ 16. Regulations The Ministry may issue regulations stipulating that voice support not to be paid under a certain limit.

Chapter 4. Support from others. Accounting, bookkeeping and reporting. publication

§ 17. The right to receive contributions are allowed for anyone to make contributions to political parties and party units with the limitations imposed by § 17 a.

§ 17 a. Prohibition of contributions from individual contributors. Specific duties related to illegal contributions

(1) Political parties and party units may not receive contributions if the donor is unknown to the party (anonymous contributions).

(2) Political parties and party units can not receive contributions from:

A)
legal under state or other public authority control,

B)
foreign donors, ie individuals who are not Norwegian citizens or who do not fulfill the conditions to vote in municipal and county council, cf. Election Act § 2-2, or legal persons who are registered in abroad.

(3) The contribution is defined in this section any kind of support.

(4) Illegal contributions shall be repaid to the donor within four weeks after they are received. Contributions that can not be repaid to the donor, shall be transferred to the Treasury by the same deadline.

(5) All political parties and party units are obliged to report any contributions under this section that is not refunded to the donor or remitted to the Treasury by the deadline in the fourth paragraph. The provisions of § 19 subsections and § 20 fifth paragraph apply correspondingly. Such report shall be submitted not later than five months after the financial year.

§ 18. Obligation, bookkeeping obligation, reporting duty etc.
(1) All political parties and party units mentioned in § 1, third paragraph, second sentence, the accounting requirement and bookkeeping obligation pursuant to this Act and regulations issued pursuant thereto.

(2) Political parties and party units as mentioned in the first paragraph shall submit annual reports on income and expenses in the period 1 January to 31 December and assets and liabilities at 31 December. The report must be given no later than five months after the financial year.

(3) Political parties or party units which during the year had total income of less than 12 000 after deduction of all public support, are exempt from accounting obligations, bookkeeping obligation and reporting obligation pursuant to subsections. These shall provide a declaration (simplified reporting) that revenue for the year has been below this level. Otherwise the same rules in the law for such declarations such reports pursuant to subsection.

(4) All parties and party units are in election year duty specifically to report contributions over 10 000 which is received in the period January 1st to Friday before election day. The report shall be made within four weeks of the contribution is received. Contributions received later than four weeks before the expiry of the reporting mandatory period in the first sentence shall be submitted by the end of the Friday before election day.

(5) report under this section sent the central register for the scheme.

§ 18 a. Obligation to registration and requirements for accounting
(1) Any transaction or disposition that has an effect on the composition and size of the party or partileddets revenues, expenses, liabilities or assets shall be recorded in an accounting system. The information must be recognized and specified correctly and accurately and in such a way that it afterwards is possible to make reconstruction.

(2) The accounting system must be adapted appropriately and clearly and in a way that enables a report to the central register for the scheme and control of the reportable information is correct.

§ 18 b. Documentation and storage of accounting records
(1) Documentation, specifications and other records must be kept for at least five years. Should be preserved in a form that maintains the ability to read the material.

(2) The duty of accounting and taxable party units as laid down, be transferred to the party or the party unit that is closest to the party hierarchy.

(3) Storage subject material should be in a proper manner secured against unlawful change, deletion or loss.

§ 19. Revenue shall be reported
(1) The report shall contain a complete overview of the income the party or the party unit had during the period.

(2) Revenues should be categorized as follows:
Public support:

A)
State support for Section 3

B)
city / county party support

C)
Other public support

Revenues of own business:

D)
Subscription Revenues

E)
Income from lotteries, fund-raising campaigns and similar

F)
capital

G)
Income from business activities

H)
Other income

Donations from others:

I)
Individuals

J)
Commercial enterprises

K)
Organizations labor

L)
Other organizations, associations and unions, institutions, foundations and funds

M)
Other

Internal transfers:

N)
Transfers from other party units


(3) The contribution means a monetary contribution and value of goods, services and other similar benefits received free of charge or at a discount. Performance of individuals consisting of ordinary volunteer work that does not require special qualifications, or who are not part of the editor's revenue base, are not considered contributions. The same applies to loans of premises and objects from private individuals who do not have this as part of their livelihoods.

(4) Other contributions than monetary contribution should be valued at market value.

(5) Other contributions than monetary donations, with value below the threshold amount in § 20, may be exempted from reporting.

§ 20. Identification of contributions, contributors and sponsors. Statement agreements
(1) If a contributor during the period has given one or more contributions to the party's central organization which amount to a value of 35 000 or more shall the contribution value and contributor's identity is reported separately. The same applies to contributions to party units at county level to a total value of 23 000 or more, and for contributions to party units at municipal level to a total value of 12 000 or more. Contributions to the parties' youth follow the rules for contributions to morpartiet at similar levels.

(2) If it is entered into political or commercial agreements with some contributors, provide statement on this in his report. The requirement of Privacy applies to any agreement, regardless of the threshold amount in the first paragraph. Editor's identity must be expressed in accordance with the fifth paragraph.

(3) shall be given declaration of sponsorship if the value of the performance (s) from the there is an agreement, exceeds the threshold amount in the first paragraph. Sponsors identity must be expressed in accordance with the fifth paragraph.

(4) Contributions to organizations or entities directly or indirectly controlled by or otherwise associated with the party or party units as mentioned in § 1, third paragraph, is reported separately in associated partiledds report if the total value exceeds the threshold amount in the first paragraph. Editor's identity must be expressed in accordance with the fifth paragraph.

(5) Individuals shall be identified by name and municipality of residence. Other contributors, lenders or sponsors shall be identified by name and address.

§ 20 a. Costs shall be reported
(1) The report shall contain a complete overview of the costs the party or the party unit had during the period.

(2) The costs should be categorized as follows:
Expenses by nature

A)

Salaries
B)
Commodity

C)
Costs of procurement of services

D
Financial expenses

Costs by activity

E)
Administration costs

F)
Expenses related to party activities

G)
Election Expenses

In.
Marketing efforts

Ii.
Other costs

(3) Transfers to other party units shall be specified in a note.

§ 20 b. Balance sheet figures to be reported
(1) The party or the party unit will provide full information on assets allocated to fixed assets and current assets as well as short- and long-term debt.

(2) Lender's identity and the loan amount must be stated separately if the loan agreement nominal value exceeds the threshold amount in § 20. § 20 fifth paragraph apply correspondingly.

§ 21. Declarations, signature and contact
(1) Reporting in accordance with § 18, second and third paragraphs shall include a declaration that the party or the party unit had revenues, expenses, liabilities or assets which deviate from those stated.

(2) Reporting shall be signed by the party or partileddets leader and at least one other director.

(3) The party or the party unit shall at least annually provide the central register for the scheme information on who is appointed as a contact person. The information must be confirmed by the party's central organization.

§ 21a. Audited entity. Specific provisions on audit of political parties
(1) The party's central organization under the auditing Auditors Act § 2-1. Exceptions to the Auditors Act § 2-1 second paragraph shall not apply. Other party units mentioned in § 1, third paragraph, second sentence, has not audit requirements under the Act.

(2) In addition to the financial statements shall be annually granted auditor's statement on all reportable conditions under Chapter 4 of this law.

(3) Any person who revises and approves a political party accounting under subsection can not simultaneously be a member of the party or have an overall engasjementstid in the party exceeding eight years. For audit firm applies the designated as responsible auditor.


(4) The rules regarding confidentiality of the Auditors Act § 6-1 does not preclude that the auditor can provide details of the parties' accounting arrangements for The Political Parties Act and Party Audit Committee.

(5) Otherwise the auditor Act applies.

§ 22. Publication
(1) It creates a central repository for reports of this legislation.

(2) The central register shall compile the data on parties and party units the reports and make this available to the public in an appropriate manner, for example by using electronic means. Registry will send a summary to the Political Parties Act Committee and the Ministry of parties or party units which have not complied with the reporting requirement by the deadline.

§ 22 a. Regulations
(1) Detailed rules on accounting and bookkeeping, definition of contributions and benefits, the use of auditors, repayment, valuation and transfer of illegal contributions to the treasury, reporting method and the organization of the central register determined by regulations of the Ministry.

(2) The Ministry may issue regulations concerning the reporting system in whole or in part shall also include the financing of election campaigns of candidates representing political parties or party units and win representation in the elected body. Report undertaken as part of the party or partileddets annual report under this Act.

§ 23. Disclosure of parties' accounts and agreements with contributors
(1) Political parties or party units covered by this law, are obliged on request to provide any insight into the financial statements prepared for last year.

(2) The party or the party unit is obliged upon request to provide any insight into the agreements concluded with contributors.

Chapter 5. Committee for control over party financing, appeals etc.

§ 24. Committee for control over party funding and complaints
(1) The Political Parties Act is an independent administrative body subordinate to the King and ministry. King and the Ministry may give instructions regarding or reverse the Political Parties exercise of authority in individual cases under the Act.

(2) The Political Parties Act be empowered to:

A)
interpret the provisions of this Act and the regulations issued pursuant thereto

B)
verify that financing provisions of the Act are complied

C)
decide on the use of administrative sanctions and confiscation

D)
decide appeals against decisions on registration, cf. § 8

E)
decide appeals against decisions on the allocation of state support, ref. § 15

(3) The Political Parties Act may require the party or the party unit submits all documentation relevant for compliance with the obligations in Chapter 4 of this law that the board finds a basis to assess separately.

(4) If the Political Parties Act Committee deems it necessary, the party or partileddets compliance obligations in Chapter 4 controlled. Such control is performed by a specially appointed supervisory body Party Audit Committee. The Commission may require the party or the party unit submits all documentation relevant to the above conditions. Issues related to audit activities that the Committee believes to be in violation of Auditors Act or § 21a of this Act shall be reported to the Financial Supervisory Authority.

(5) Party Audit Committee shall at the request of The Political Parties Act in years outside election year conducting routine control of reportable parties or partiledds compliance obligations in Chapter 4. The inspection shall be politically neutral and does not include areas that affect the party or partileddets independence or political freedom. Party Audit Committee shall advise the party or the party unit on the interpretation of the obligations in Chapter 4.

(6) Auditors Act § 6-1 on secrecy is not an obstacle to Party Audit Committee presents information relevant to compliance with this Act or the Penal Code §§ 387 to 389, for The Political Parties Act.

(7) Any person who performs services or work for Political Parties Act Committee or Party Audit Committee, a duty to prevent others from gaining access to or knowledge of the person concerned in connection with the service or work about party internal matters. Administration Act § 13a, first paragraph. 1 to 3 and § 13b subsection. 2 to 6 are nonetheless applicable.

§ 25. Appointment of Political Parties Act Committee. Composition
(1) Board members are appointed by the King for six years. The Ministry may by time period extend the mandate until a new board can be appointed.

(2) The committee shall have at least five members. The manager should have a judge competence. Committee members may be reappointed.

§ 26. The Tribunal's annual report The Tribunal shall submit an annual report on its activities. The report submitted to the Ministry by October 1.


§ 27. Regulations The Ministry may issue further provisions on the board's activities and composition. The Ministry may also issue regulations concerning the appeal of the Tribunal's decisions in cases concerning access to documents under the Public Administration and Public Information Act and court costs Administration Act § 36. The Ministry may issue corresponding provisions on Party Audit Committee.

Chapter 6. Administrative sanctions, confiscation and criminal

§ 28. Administrative sanctions
(1) Violations of the provisions of Chapter 4 determines Political Parties Act Committee how much the state party support will be reduced. First Breach by lesser extent punishable by a formal warning. In determining the curtailment shall inter alia be placed on how much support the party or the party unit may apply in the year in question and seriousness of the violation and duration. The Ministry may issue further regulations on the curtailment.

(2) The courts may review all aspects of Political Parties decision under this section.

§ 29. Confiscation
(1) The Political Parties Act be for breach of the provisions of § 17a subsections impose a forfeiture until the full value of the illegally received contribution.

(2) § 28 subsection shall apply accordingly.

§ 30. Penalties
(1) Any person who willfully or through gross negligence gives substantially incorrect information in connection with the reporting requirement in Chapter 4, is punishable by fines or imprisonment up to 2 years.

(2) Any person who willfully or through gross negligence is guilty of material breach or repeated breaches of the provisions of § 17a, punishable by fines or imprisonment of up to two years.

Chapter 7. Commencement and transitional rules

§ 31. Commencement and transitional provisions
(1) This Act applies when the King bestemmer.1 from the same date Chapter 5 of the Act of 28 June 2002 No.. 57 on general elections, county and municipal councils (election law) .

(2) The King determines when Law 22 May 1998 No.. 30 on the publication of political parties' income repealed.

(3) The Ministry may issue further transitional provisions.