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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Registration, funding and expenditure of political parties and others

Amendment of Political Parties, Elections and Referendums Act 2000

24.—(1) The 2000 Act is amended as follows.

(2) In section 22 (parties to be registered in order to field candidates at elections)—

(a)in subsection (2)(a), after “constituency,” insert “police area,”;

(b)in subsection (5), after paragraph (e), insert—

(ea)elections of police and crime commissioners,.

(3) In section 67 (weekly donation reports in connection with elections other than general elections), in subsection (2)(b)—

(a)omit “or” at the end of sub-paragraph (iii);

(b)after sub-paragraph (iv) insert—

or

(v)an election of a police and crime commissioner.

(4) In Schedule 7 (control of donations to individuals and members associations)—

(a)in paragraph 1(8) (definition of “relevant elective office”), after paragraph (e) insert—

(ea)police and crime commissioner;;

(b)in paragraph 15A(1) (donations to holders of certain elective offices)(1), after “relevant elective office” insert “, other than a police and crime commissioner”.

Amendment of section 62 of the Electoral Administration Act 2006

25.—(1) Section 62 of the Electoral Administration Act 2006(2) (regulation of loans: power to make provision for candidates, third parties and referendums) is amended as follows.

(2) In subsection (2)(a), for “an election” substitute “a relevant election”.

(3) In subsection (8)—

(a)for the definition of “candidate” substitute—

“candidate”—

(a)

in relation to a police and crime commissioner election, is to be construed in accordance with subsection (8A), and

(b)

in relation to any other relevant election, has the same meaning as in Part 2 of the 1983 Act;;

(b)omit the definition of “election”;

(c)after the definition of “permitted participant” insert—

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011(3);

“relevant election” means—

(a)

an election within the meaning of the 1983 Act, or

(b)

a police and crime commissioner election.

(4) After subsection (8) insert—

(8A) For the purposes of this section, a person becomes a candidate at a police and crime commissioner election—

(a)on the last day for publication of notice of the election if on or before that day the person is declared by himself or herself or by others to be a candidate at the election, and

(b)otherwise, on the day on which the person is so declared by himself or herself or by others or on which the person is nominated as a candidate at the election (whichever is the earlier).

(1)

Section 15A was inserted by section 59(1) and (3) of the Electoral Administration Act 2006 (c.22).

(2)

2006 c.22. Subsection (3A) was inserted by section 19(4) of the Political Parties and Elections Act 2009 (c.12).

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