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Political Parties, Elections and Referendums Act 2000

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Political Parties, Elections and Referendums Act 2000

2000 CHAPTER 41

An Act to establish an Electoral Commission; to make provision about the registration and finances of political parties; to make provision about donations and expenditure for political purposes; to make provision about election and referendum campaigns and the conduct of referendums; to make provision about election petitions and other legal proceedings in connection with elections; to reduce the qualifying periods set out in sections 1 and 3 of the Representation of the People Act 1985; to make pre-consolidation amendments relating to European Parliamentary Elections; and for connected purposes.

[30th November 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Modifications etc. (not altering text)

C1Act applied (E.W.S.) (2.4.2001) by S.I. 2001/1298, reg. 10(1)(4)

Act applied (with modifications) (1.2.2002) by S.I. 2002/185, reg. 3(2), Sch. 2

Act: functions transferred (25.11.2002) by S.I. 2002/2626, art. 11(1), Sch. 1

C2Act: power to amend or modify conferred (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(c), 15, 31(2)

C3Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 13 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

Part IE+W+S+N.I. The Electoral Commission

Establishment of Electoral Commission and bodies with related functionsE+W+S+N.I.

1 Establishment of the Electoral Commission.E+W+S+N.I.

(1)There shall be a body corporate to be known as the Electoral Commission or, in Welsh, Comisiwn Etholiadol (in this Act referred to as “the Commission”).

(2)The Commission shall consist of members to be known as Electoral Commissioners.

(3)There shall be not less than five, but not more than nine, Electoral Commissioners.

(4)The Electoral Commissioners shall be appointed by Her Majesty (in accordance with section 3).

(5)Her Majesty shall (in accordance with section 3 [F1but subject to section 3A(6)]) appoint one of the Electoral Commissioners to be the chairman of the Commission.

(6)Schedule 1, which makes further provision in relation to the Commission, shall have effect.

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Amendments (Textual)

2 Speaker’s Committee.E+W+S+N.I.

(1)There shall be a Committee (to be known as “the Speaker’s Committee”) to perform the functions conferred on the Committee by this Act.

(2)The Speaker’s Committee shall consist of the Speaker of the House of Commons, who shall be the chairman of the Committee, and the following other members, namely—

(a)the Member of the House of Commons who is for the time being the Chairman of the Home Affairs Select Committee of the House of Commons;

[F2(b)the Lord Chancellor;]

(c)a Member of the House of Commons who is a Minister of the Crown with responsibilities in relation to local government; and

(d)five Members of the House of Commons who are not Ministers of the Crown.

(3)The member of the Committee mentioned in subsection (2)(c) shall be appointed to membership of the Committee by the Prime Minister.

(4)The members of the Committee mentioned in subsection (2)(d) shall be appointed to membership of the Committee by the Speaker of the House of Commons.

(5)Schedule 2, which makes further provision in relation to the Speaker’s Committee, shall have effect.

(6)In this section and that Schedule, references to the Home Affairs Select Committee shall—

(a)if the name of that Committee is changed, be taken (subject to paragraph (b)) to be references to the Committee by its new name;

(b)if the functions of that Committee at the passing of this Act with respect to electoral matters (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons, be taken to be references to the committee by whom the functions are for the time being exercisable.

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Amendments (Textual)

Modifications etc. (not altering text)

C5S. 2(2)(b): functions transferred (25.11.2002) by S.I. 2002/2626, arts. 11-13

3 Appointment of Electoral Commissioners and Commission chairman.E+W+S+N.I.

(1)The powers of Her Majesty under section 1(4) and (5) shall be exercisable on an Address from the House of Commons.

[F3(2)A motion for such an Address may be made only if—

(a)the Speaker of the House of Commons agrees that the motion may be made;

(b)the motion has been the subject of consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong; and

(c)each person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee.]

(3)Such an Address shall specify the period (not exceeding 10 years) for which each proposed Electoral Commissioner to whom the Address relates is to hold office as such Commissioner or (as the case may be) the period for which the proposed chairman of the Commission is to hold office as such chairman.

(4)[F4Subject to subsection (4A), a person may not be appointed] as an Electoral Commissioner if the person—

(a)is a member of a registered party;

(b)is an officer or employee of a registered party or of any accounting unit of such a party;

(c)holds a relevant elective office (within the meaning of Schedule 7); or

(d)has at any time [F5within the last five years]

(i)been such an officer or employee as is mentioned in paragraph (b), or

(ii)held such an office as is mentioned in paragraph (c), or

(iii)been named as a donor in the register of donations reported under Chapter III or V of Part IV. [F6, or

(iv)been named as a participant in the register of recordable transactions reported under Part 4A.]

[F7(4A)Paragraphs (a) and (d) of subsection (4) do not apply to the appointment of a person as a nominated Commissioner (within the meaning of section 3A).]

(5)An Electoral Commissioner, or the chairman of the Commission, may be re-appointed (or further re-appointed).

[F8(5A)In the case of a re-appointment (or further re-appointment) of an Electoral Commissioner, the reference in subsection (2)(c) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment (or further re-appointment) by that Committee.]

(6)In subsection (2)(b) the reference to Members of the House of Commons does not include any Member of that House who at the time in question—

(a)has not made and subscribed the oath required by the M1Parliamentary Oaths Act 1866 (or the corresponding affirmation); or

(b)is disqualified from sitting and voting in that House.

(7)In this section “registered party”—

(a)includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the M2Registration of Political Parties Act 1998; and

(b)in subsection (4)(b) also includes (in relation to times before 1st April 1999) any political party.

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Amendments (Textual)

Marginal Citations

[F93AFour Electoral Commissioners to be persons put forward by partiesE+W+S+N.I.

(1)Four of the Electoral Commissioners shall each be a person whom the registered leader of a qualifying party put forward to be considered for appointment as an Electoral Commissioner (a “nominated Commissioner”).

(2)In subsection (1) “qualifying party” means a registered party with two or more Members of the House of Commons at the time of the person's appointment.

(3)Three of the nominated Commissioners shall each be a person put forward by the registered leader of one of the three largest nominating parties at the time of the person's appointment.

(4)In subsection (3) “nominating party” means a party whose registered leader—

(a)has put forward three persons to be considered for appointment as a nominated Commissioner, or

(b)previously put forward persons one of whom was appointed as a nominated Commissioner and is expected to continue to hold office.

(5)No appointment may be made that would result in two or more nominated Commissioners being persons put forward by the leader of the same party (and nothing in this section has effect so as to require that result).

(6)A nominated Commissioner may not be appointed as the chairman of the Commission.

(7)For the purposes of this section, the relative size of any two or more registered parties shall be determined according to the number of Members of the House of Commons belonging to each party at the time in question (or, in the case of two parties with the same number of Members, according to the total number of votes cast for persons standing for election in the name of each of those parties at the most recent parliamentary general election).

(8)A reference in this section to a Member of the House of Commons does not include any Member of that House who at the time in question—

(a)has not made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation), or

(b)is disqualified from sitting and voting in that House.]

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Amendments (Textual)

4 Parliamentary Parties Panel.E+W+S+N.I.

(1)There shall be a panel (to be known as “the Parliamentary Parties Panel”) which consists of representatives of qualifying parties appointed in accordance with this section.

(2)The function of the panel shall be to submit representations or information to the Commission about such matters affecting political parties as the panel think fit.

(3)Where the panel submit any such representations or information to the Commission, the Commission shall—

(a)consider the representations or information, and

(b)decide whether, and (if so) to what extent, they should act on the representations or information.

(4)Each qualifying party shall be entitled to be represented on the panel by a person appointed to the panel by the treasurer of the party.

(5)Subject to subsection (6), a person so appointed shall be a member of the panel for such period as the treasurer of the party may determine when making the appointment.

(6)A person so appointed shall cease to be a member of the panel if at any time—

(a)his appointment is terminated for any reason by the treasurer of the party, or

(b)the party ceases to be a qualifying party.

(7)The panel may determine their own procedure.

(8)The validity of any proceedings of the panel shall not be affected by any failure by the treasurer of a qualifying party to make any appointment in accordance with this section.

(9)In this section “qualifying party” means a registered party—

(a)to which two or more Members of the House of Commons for the time being belong, who have made and subscribed to the oath required by the M3Parliamentary Oaths Act 1866 (or the corresponding affirmation) and are not disqualified from sitting or voting in the House; or

(b)to which two or more such Members belonged immediately after the most recent parliamentary general election.

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Commencement Information

I1S. 4 wholly in force at 16.2.2001; s. 4 not in force at Royal Assent, see s. 163(2); s. 4 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

Commission’s general functionsE+W+S+N.I.

5Reports on elections and referendums.E+W+S+N.I.

(1)The Commission shall, after—

(a)each election to which this section applies, and

(b)each referendum to which Part VII applies,

prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.

(2)The elections to which this section applies are the following, namely—

(a)a parliamentary general election;

(b)a European Parliamentary general election;

(c)a Scottish Parliamentary general election;

[F10(d)a National Assembly for Wales general election;]

(e)a Northern Ireland Assembly general election.

[F11(2A)After—

(a)a parliamentary by-election,

(b)an election held under section 9 of the Scotland Act 1998 (election for the Scottish Parliament in the case of a constituency vacancy), or

(c)an election held under [F12section 10 of the Government of Wales Act 2006] (election for the National Assembly for Wales in the case of a constituency vacancy),

the Commission may prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.]

(3)After a poll held under [F13section 64 of the Government of Wales Act 2006] the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.

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Amendments (Textual)

F10S. 5(2)(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 90(a), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

F13Words in s. 5(3) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 90(c), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

Modifications etc. (not altering text)

Commencement Information

I2S. 5 wholly in force at 16.2.2001; s. 5 not in force at Royal Assent, see s. 163(2); s. 5 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

6 Reviews of electoral and political matters.E+W+S+N.I.

(1)The Commission shall keep under review, and from time to time submit reports to the Secretary of State on, the following matters, namely—

(a)such matters relating to elections to which this section applies as the Commission may determine from time to time;

(b)such matters relating to referendums to which this section applies as the Commission may so determine;

(c)the redistribution of seats at parliamentary elections;

(d)if any functions are transferred by an order under section 18(1), 19(1) or 20(1), the matters in relation to which those functions are exercisable;

(e)the registration of political parties and the regulation of their income and expenditure;

(f)political advertising in the broadcast and other electronic media;

(g)the law relating to the matters mentioned in each of paragraphs (a) to (f).

(2)At the request of the Secretary of State, and within such time as the Secretary of State may specify, the Commission shall—

(a)review, and

(b)submit a report to the Secretary of State on,

such matter or matters (whether or not falling within subsection (1)) as the Secretary of State may specify.

(3)The Commission shall not, however, carry out any review (or make any report) under this section with respect to any of the following matters, namely—

(a)the funding of political parties under section 97 of the M4Scotland Act 1998 or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties [F14or the funding of political groups under section 24 of the Government of Wales Act 2006];

(b)the conduct of referendums held in pursuance of any provision made by or under an Act of the Scottish Parliament or the Northern Ireland Assembly or the conduct of any poll under [F15section 64 of the Government of Wales Act 2006];

(c)the law relating to the matters mentioned in each of paragraphs (a) and (b).

(4)Where any review carried out under this section relates to elections or referendums in Northern Ireland, the Commission shall consult the Chief Electoral Officer for Northern Ireland with respect to such elections or referendums.

(5)Each report made by the Commission under this section shall be published by them in such manner as they may determine.

(6)The elections and referendums to which this section applies are—

(a)in the case of elections—

(i)the elections mentioned in section 5(2),

(ii)local government elections in England or Wales, and

(iii)local elections in Northern Ireland; and

(b)in the case of referendums, referendums to which Part VII applies and those under Part II of the M5Local Government Act 2000.

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Amendments (Textual)

F14Words in s. 6(3)(a) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 91(a), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

F15Words in s. 6(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 91(b), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

Commencement Information

I3S. 6 partly in force; s. 6 not in force at Royal Assent, see s. 163(2); s. 6(1)(a)(b)(e)-(g)(2)-(6) in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II); s. 6(1)(d) in force at 30.10.2001 by S.I. 2001/3526, art. 2(a)

Marginal Citations

[F166AAttendance of representatives of Commission at elections etc.E+W+S+N.I.

(1)A representative of the Commission may attend—

(a)proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election;

(b)proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer.

(2)The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question.

(3)In this section, “representative of the Commission” means any of the following—

(a)a member of the Commission;

(b)a member of staff of the Commission;

(c)a person appointed by the Commission for the purposes of this section.

(4)A reference to the relevant counting officer must be construed—

(a)if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3);

(b)if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland.

(5)The elections specified in this subsection are—

(a)an election mentioned in section 5(2);

(b)a parliamentary by-election;

(c)an election under section 9 of the Scotland Act 1998 (constituency vacancies);

(d)an election under [F17section 10 of the Government of Wales Act 2006 (constituency vacancies)];

(e)a local government election in England or Wales;

(f)a local election in Northern Ireland.

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Amendments (Textual)

F17Words in s. 6A(5)(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 92, the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

Modifications etc. (not altering text)

C7S. 6A applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C8S. 6A applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

6BObservation of working practices by representatives of CommissionE+W+S+N.I.

(1)A representative of the Commission may observe the working practices of any of the following—

(a)an electoral registration officer;

(b)a returning officer;

(c)a relevant counting officer;

(d)any person acting under the direction of a person mentioned in paragraphs (a) to (c).

(2)In this section—

(a)relevant counting officer”, and

(b)representative of the Commission”,

must be construed in accordance with section 6A.

(3)This section does not permit the observation of working practices which relate only to a local government election in Scotland.

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Amendments (Textual)

Modifications etc. (not altering text)

C9S. 6B applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C10S. 6B applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

6CAccredited observers: individualsE+W+S+N.I.

(1)A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—

(a)proceedings at the issue or receipt of postal ballot papers;

(b)proceedings at the poll;

(c)proceedings at the counting of votes.

(2)If the Commission grant the application, the accredited observer may attend the proceedings in question.

(3)An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F.

(4)The Commission may at any time revoke the grant of an application under subsection (1).

(5)If the Commission—

(a)refuse an application under subsection (1), or

(b)revoke the grant of any such application,

they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.

(6)The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question.

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Amendments (Textual)

Modifications etc. (not altering text)

C11S. 6C applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C12S. 6C applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

6DAccredited observers: organisationsE+W+S+N.I.

(1)An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—

(a)proceedings at the issue or receipt of postal ballot papers;

(b)proceedings at the poll;

(c)proceedings at the counting of votes.

(2)If the Commission grant the application the organisation may nominate members who may attend the proceedings in question.

(3)The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section.

(4)An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F.

(5)The Commission may at any time revoke the grant of an application under subsection (1).

(6)If the Commission—

(a)refuse an application under subsection (1), or

(b)revoke the grant of any such application,

they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.

(7)The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question.

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Amendments (Textual)

Modifications etc. (not altering text)

C13S. 6D applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C14S. 6D applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

6EAttendance and conduct of observersE+W+S+N.I.

(1)A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D.

(2)If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person's entitlement.

(3)Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place.

(4)A relevant officer is—

(a)in the case of proceedings at a polling station, the presiding officer;

(b)in the case of any other proceedings at an election, the returning officer;

(c)in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A);

(d)such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph.

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Amendments (Textual)

Modifications etc. (not altering text)

C15S. 6E applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C16S. 6E applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

6FCode of practice on attendance of observers at elections etc.E+W+S+N.I.

(1)The Commission must prepare a code of practice on the attendance of—

(a)representatives of the Commission,

(b)accredited observers, and

(c)nominated members of accredited organisations,

at elections specified in subsection (5) of section 6A and referendums to which Part 7 applies.

(2)The code must in particular—

(a)specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;

(b)specify the criteria to be taken into account by the Commission in determining such applications;

(c)give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

(d)give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

(e)give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission;

(f)give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

(3)The code may make different provision for different purposes.

(4)Before preparing the code, the Commission must consult the Secretary of State.

(5)The Commission must lay the code before each House of Parliament.

(6)The Commission must publish the code (in such manner as the Commission may determine).

(7)The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—

(a)the Commission;

(b)representatives of the Commission;

(c)relevant officers (within the meaning of section 6E);

(d)relevant counting officers.

(8)The Commission may at any time revise the code.

(9)Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.

(10)In this section—

(a)accredited observer” must be construed in accordance with section 6C;

(b)accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly;

(c)relevant counting officer” must be construed in accordance with section 6A;

(d)representative of the Commission” has the same meaning as in section 6A.]

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Amendments (Textual)

7 Commission to be consulted on changes to electoral law.E+W+S+N.I.

(1)Before making an instrument to which this section applies, the authority making the instrument shall consult the Commission.

(2)This section applies to an instrument containing—

(a)regulations under [F18the European Parliamentary Elections Act 2002];

(b)an order under [F19section 6(2)(b) or (3)(b) of that Act] (designations of regional returning officers);

(c)an order under section 24(1)(c), (cc) or (e), 25(1)(b), 28(1)(b) or 35(2B) of the Representation of the M6People Act 1983 (designations of returning officers and acting returning officers);

(d)rules under section 36 of that Act (local government elections in England and Wales);

(e)regulations under that Act (“the 1983 Act”), or under the Representation of the M7People Act 1985, in relation to which section 201(2) of the 1983 Act (regulations which may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament) has effect;

[F20(f)an order under section 13 or 64(3) of the Government of Wales Act 2006 (conduct of elections to the National Assembly for Wales and of polls held by Welsh Ministers);]

(g)an order under section 12(1) or (6) of the M8Scotland Act 1998 (conduct of elections to the Scottish Parliament);

(h)an order under section 34(4) of the M9Northern Ireland Act 1998 (conduct of elections to the Northern Ireland Assembly);

(i)an order under section 17A(3) of the M10Greater London Authority Act 1999 (free delivery of election addresses at elections to the Greater London Authority).

(3)No draft Order shall be laid before Parliament under section 84(4) of the M11Northern Ireland Act 1998 (power to make provision with respect to elections in Northern Ireland) except after consultation with the Commission.

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Amendments (Textual)

F18Words in s. 7(2)(a) substituted (24.10.2002) by 2002 c. 24, ss. 15, 18(2), Sch. 3 para. 8(2)(a)

F19Words in s. 7(2)(b) substituted (24.10.2002) by 2002 c. 24, ss. 15, 18(2), Sch. 3 para. 8(2)(b)

F20S. 7(2)(f) substituted (3.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 93, the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

Commencement Information

I4S. 7 wholly in force at 16.2.2001; s. 7 not in force at Royal Assent, see s. 163(2); s. 7 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

8 Powers with respect to elections exercisable only on Commission recommendation.E+W+S+N.I.

(1)The function of giving directions under section 52(1) of the Representation of the M12People Act 1983 (directions as to discharge of registration duties) shall be exercisable only on, and in accordance with, a recommendation of the Commission.

(2)A function to which this subsection applies shall, unless the Secretary of State considers that the exercise of the function is expedient in consequence of changes in the value of money, be exercisable only on, and in accordance with, a recommendation of the Commission.

(3)Subsection (2) applies to the following functions, namely—

(a)the making of orders under section 76(2A) of that Act (limitation of expenses in connection with elections to the Greater London Authority);

(b)the making of orders under section [F2113 of the Government of Wales Act 2006] or section 12 of the M13Scotland Act 1998 so far as relating to the matters mentioned in subsection (2)(c) of the section (limitation of expenses in connection with elections to the National Assembly for Wales or Scottish Parliament);

(c)the making of regulations under [F22section 7(2)(a) of the European Parliamentary Elections Act 2002](limitation of expenses in connection with elections to the European Parliament).

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Amendments (Textual)

F21Words in s. 8(3)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 59 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

F22Words in s. 8(3)(c) substituted (24.10.2002) by 2002 c. 24, ss. 15, 18(2), Sch. 3 para. 8(3)

Commencement Information

I5S. 8 wholly in force at 16.2.2001; s. 8 not in force at Royal Assent, see s. 163(2); s. 8 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

9 Involvement of Commission in changes in electoral procedures.E+W+S+N.I.

(1)The Commission—

(a)may participate with any relevant local authority in the joint submission of proposals falling within section 10(1) of the Representation of the People Act 2000 (pilot schemes); and

(b)shall have such other functions in relation to—

(i)orders and schemes under section 10 of that Act, and

(ii)orders under section 11 of that Act (revision of procedures in the light of pilot schemes),

as are conferred on the Commission by those sections.

(2)Where any scheme under section 10 of that Act falls to be implemented following the approval by the Secretary of State of proposals jointly submitted by the Commission and a relevant local authority as mentioned in subsection (1)(a) above, the Commission may, in connection with the implementation of the scheme, provide that authority with such assistance (except financial assistance) as the Commission think fit.

(3)In this section “relevant local authority” has the same meaning as in section 10 of that Act.

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Commencement Information

I6S. 9 wholly in force at 1.7.2001; s. 9 not in force at Royal Assent, s. 163(2); s. 9 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 1)

[F239ASetting of performance standardsE+W+S+N.I.

(1)The Commission may from time to time—

(a)determine standards of performance for relevant officers, and

(b)publish, in such form and in such manner as they consider appropriate, the standards so determined.

(2)The standards of performance are such standards as the Commission think ought to be achieved by—

(a)electoral registration officers in the performance of their functions;

(b)returning officers in the administration of the elections specified in subsection (6);

(c)counting officers in the administration of the referendums specified in subsection (7).

(3)Before determining standards under subsection (1), the Commission must consult—

(a)the Secretary of State, and

(b)any other person they think appropriate.

(4)The Commission may determine different standards for different descriptions of relevant officers.

(5)When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.

(6)The elections specified in this subsection are—

(a)an election mentioned in section 5(2);

(b)a parliamentary by-election;

(c)an election under section 9 of the Scotland Act 1998 (constituency vacancies);

(d)an election under [F24section 10 of the Government of Wales Act 2006(constituency vacancies)] ;

(e)a local government election in England or Wales.

(7)The referendums specified in this subsection are—

(a)a referendum to which Part 7 applies;

(b)a referendum under Part 2 of the Local Government Act 2000.

(8)For the purposes of this section and sections 9B and 9C, the relevant officers are—

(a)electoral registration officers;

(b)in relation to elections within subsection (6), returning officers;

(c)in relation to referendums within subsection (7), counting officers.

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Amendments (Textual)

F24Words in s. 9A(6)(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 94, the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

9BReturns and reports on performance standardsE+W+S+N.I.

(1)The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) as may be specified in the direction.

(2)A direction under subsection (1)—

(a)must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers),

(b)may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and

(c)may require the report or reports to be provided in a form specified in the direction.

(3)A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates.

(4)The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A(1).

(5)An assessment under subsection (4)—

(a)must specify the relevant officer or officers to whom it relates;

(b)must specify the period to which it relates;

(c)may specify the elections or referendums (or both) to which it relates.

(6)The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates.

(7)Before publishing an assessment under subsection (4), the Commission shall—

(a)provide to each relevant officer a copy of those parts of the assessment which relate to him;

(b)have regard to any comments made by him regarding the factual accuracy of the assessment.

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Amendments (Textual)

9CProvision of information about expenditure on elections etc.E+W+S+N.I.

(1)The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction.

(2)Expenditure information is information relating to—

(a)in the case of an electoral registration officer, expenditure in connection with the performance of his functions;

(b)in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A(6) for which he is appointed or otherwise holds office;

(c)in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A(7) for which he is appointed.

(3)A direction under subsection (1)—

(a)may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction;

(b)may require the information to be provided in a form specified in the direction;

(c)may specify the time within which the information must be provided.

(4)This section does not affect any other power of the Commission to request information.]

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Amendments (Textual)

10 Giving of advice and assistance.E+W+S+N.I.

(1)The Commission may, at the request of any relevant body, provide the body with advice and assistance as respects any matter in which the Commission have skill and experience.

(2)The assistance which may be so provided includes (in particular) the secondment of members of the Commission’s staff.

(3)The Commission may also—

(a)provide advice and assistance to—

(i)registration officers,

(ii)returning officers at relevant elections,

(iii)registered parties,

(iv)recognised third parties within the meaning of Part VI, and

(v)permitted participants within the meaning of Part VII;

(b)provide advice and assistance to other persons which is incidental to, or otherwise connected with, the discharge by the Commission of their functions.

(4)The Commission—

(a)may make charges for advice or assistance provided by them under subsection (1); but

(b)may not make charges for advice and assistance provided under subsection (3).

(5)Nothing in this section authorises the Commission to provide any form of financial assistance.

(6)In this section “relevant body” means—

(a)the Scottish Parliament;

(b)the Scottish Executive;

(c)the National Assembly for Wales;

[F25(caa)the Welsh Ministers;]

[F26(ca)the National Assembly for Wales Commission;]

(d)the Northern Ireland Assembly;

(e)the Executive Committee of the Northern Ireland Assembly;

(f)any of the following local authorities—

(i)in England, the council of a county, district or London borough,

(ii)in Wales, the council of a county or county borough, and

(iii)in Scotland, a council constituted under section 2 of the M14Local Government etc. (Scotland) Act 1994;

(g)a national or regional parliament or government in a country other than the United Kingdom;

(h)a body in any such other country having functions corresponding to any of the functions of the Commission;

(i)an organisation of which two or more countries (or their governments) are members or a subordinate body of such an organisation.

(7)In this section “relevant election” means any election falling within section 22(5) other than a local government election in Scotland.

(8)The Scottish Ministers may by order provide that subsection (7) shall have effect as if the words “other than a local government election in Scotland” were omitted.

(9)Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (8) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(10)The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

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Amendments (Textual)

F25S. 10(6)(caa) inserted after paragraph (c) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 95, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F26S. 10(6)(ca) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 60 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

Commencement Information

I7S. 10 wholly in force at 16.2.2001; s. 10 not in force at Royal Assent, see s. 163(2); s. 10 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

11 Broadcasters to have regard to Commission’s views on party political broadcasts.E+W+S+N.I.

(1)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The British Broadcasting Corporation [F28shall have regard, in determining its policy with respect to party political broadcasts,] to any views expressed by the Electoral Commission for the purposes of this subsection.

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Amendments (Textual)

Commencement Information

I8S. 11 wholly in force at 16.2.2001; s. 11 not in force at Royal Assent, see s. 163(2); s. 11 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 1)

12 Policy development grants.E+W+S+N.I.

(1)For the purposes of this section—

(a)a policy development grant” is a grant to a represented registered party to assist the party with the development of policies for inclusion in any manifesto on the basis of which—

(i)candidates authorised to stand by the party will seek to be elected at an election which is a relevant election for the purposes of Part II, or

(ii)the party itself will seek to be so elected (in the case of such an election for which the party itself may be nominated); and

(b)a registered party is “represented” if there are at least two Members of the House of Commons belonging to the party who—

(i)have made and subscribed the oath required by the M15Parliamentary Oaths Act 1866 (or the corresponding affirmation), and

(ii)are not disqualified from sitting or voting in that House.

(2)The Commission shall submit recommendations to the Secretary of State for the terms of a scheme for the making by the Commission of policy development grants.

(3)Where the Secretary of State receives recommendations under subsection (2), he shall make an order setting out such a scheme in terms which, with any modifications he considers appropriate, give effect to the recommendations.

(4)The scheme shall, in particular, specify or provide for the determination of—

(a)the parties eligible for policy development grants, and

(b)how any money provided to the Commission for the making of policy development grants is to be allocated between the parties eligible for such grants.

(5)The Commission shall keep under review the terms of any scheme under this section and shall make recommendations to the Secretary of State for any variations to the scheme which they consider appropriate.

(6)Where the Secretary of State receives recommendations under subsection (5), he shall make an order giving effect, with any modifications he considers appropriate, to the recommendations.

(7)Where any such modifications as are mentioned in subsection (3) or (6) would result in an order under that subsection giving effect with modifications to any recommendations of the Commission in respect of either of the matters mentioned in subsection (4), the order shall not be made without the agreement of the Commission to the modifications so far as relating to those matters.

(8)The Commission shall make such grants as are provided for under any scheme under this section, and any such grants may be made subject to such conditions as (consistently with the terms of the scheme) the Commission consider appropriate; but nothing in such a scheme shall have effect to authorise the Commission to make in any financial year more than £2 million in policy development grants.

(9)The Secretary of State may by order made with the consent of the Treasury vary the sum for the time being specified in subsection (8).

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Commencement Information

I9S. 12 wholly in force at 16.2.2001; s. 12 partly in force at Royal Assent, see s. 163(3); s. 12 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

13 Education about electoral and democratic systems.E+W+S+N.I.

(1)The Commission shall promote public awareness of—

(a)current electoral systems in the United Kingdom and any pending such systems, together with such matters connected with any such existing or pending systems as the Commission may determine;

(b)current systems of local government and national government in the United Kingdom and any pending such systems; and

(c)the institutions of the European Union.

[F29(1A)Subsection (1) applies to the promotion of public awareness in Gibraltar with the following modifications—

(a)in paragraph (a), for “in the United Kingdom” there is substituted for elections to the European Parliament in the United Kingdom and Gibraltar; and

(b)paragraph (b) is omitted.]

(2)For the purposes of subsection (1) any system such as is mentioned in paragraph (a) or (b) of that subsection is pending at a time when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

(3)Subsection (1) does not apply in relation to local government elections, or to local government, in Scotland; but in paragraph (b) of that subsection the reference to national government includes (in addition to the government of the United Kingdom) the government of parts of the United Kingdom for which there are devolved legislatures.

(4)The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by—

(a)carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (1); or

(b)making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(5)Any grant under subsection (4)(b) may be made subject to such conditions as the Commission consider appropriate.

(6)The total expenditure incurred in any financial year by the Commission in performing their functions under subsection (1) (whether by making grants or otherwise) shall not exceed such sum as is for the time being specified for the purposes of this subsection by an order made by the Secretary of State with the consent of the Treasury.

(7)The Scottish Ministers may by order provide that, despite subsection (3), the Commission may perform the functions conferred by this section in relation to local government elections, or to local government, in Scotland.

(8)Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable by virtue of an order made by the Scottish Ministers under subsection (7); but such expenditure shall not exceed such sum as is for the time being specified for the purposes of this subsection in an order made by the Scottish Ministers.

(9)The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any of functions mentioned in subsection (8).

(10)Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(11)The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

[F30(12)Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under paragraph 6 of Schedule 2 to the Government of Wales Act 2006.]

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Amendments (Textual)

F30S. 13(12) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 61 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

Commencement Information

I10S. 13 wholly in force at 1.7.2001; s. 13 partly in force at Royal Assent, see s. 163(3); s. 13 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 1)

Commission’s electoral boundary functionsE+W+S+N.I.

14 Boundary committees.E+W+S+N.I.

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

15 Deputy Electoral Commissioners.E+W+S+N.I.

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

16 Transfer of functions of Boundary Commissions.E+W+S+N.I.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

17 Transfer of property etc. of the Boundary Commissions.E+W+S+N.I.

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

18 Transfer of functions of Local Government Commission for England.E+W+S+N.I.

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

19 Transfer of functions of Local Government Boundary Commission for Scotland.E+W+S+N.I.

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

20 Transfer of functions of Local Government Boundary Commission for Wales.E+W+S+N.I.

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F38Commission's functions relating to COREE+W+S+N.I.

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Amendments (Textual)

F38S. 20A and preceding cross-heading inserted (11.7.2006) by Electoral Administration Act 2006 (c. 22), s. 4(1), 77(1)(d)

20ACommission as CORE keeperE+W+S+N.I.

The Commission may be designated as a CORE keeper for the purposes of section 1 of the Electoral Administration Act 2006.]

SupplementaryE+W+S+N.I.

21 Interpretation of Part I.E+W+S+N.I.

In this Part “financial year”, in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.

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Commencement Information

I11S. 21 wholly in force at 16.2.2001; s. 21 not in force at Royal Assent, see s. 163(2); s. 21 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part IIE+W+S+N.I. Registration of political parties

Requirement for registrationE+W+S+N.I.

22 Parties to be registered in order to field candidates at elections.E+W+S+N.I.

(1)Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of—

(a)a person who stands for election in the name of a qualifying registered party; or

(b)a person who does not purport to represent any party; or

(c)a qualifying registered party, where the election is one for which registered parties may be nominated.

(2)For the purposes of subsection (1) a party (other than a minor party) is a “qualifying registered party” in relation to a relevant election if—

(a)the constituency, local government area or electoral region in which the election is held—

(i)is in England, Scotland or Wales, or

(ii)is the electoral region of Scotland or Wales,

and the party was, [F39 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election], registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or

(b)the constituency, district electoral area or electoral region in which the election is held—

(i)is in Northern Ireland, or

(ii)is the electoral region of Northern Ireland,

and the party was, [F40on the relevant day], registered in the Northern Ireland register maintained by the Commission under that section.

[F41(2A)For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 shall be disregarded.]

(3)For the purposes of subsection (1) a person does not purport to represent any party if either—

(a)the description of the candidate given in his nomination paper, is—

(i)“Independent”, or

(ii)where the candidate is the Speaker of the House of Commons seeking re-election, “The Speaker seeking re-election”; or

(b)no description of the candidate is given in his nomination paper.

(4)Subsection (1) does not apply in relation to any parish or community election.

(5)The following elections are relevant elections for the purposes of this Part—

(a)parliamentary elections,

(b)elections to the European Parliament,

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales,

(e)elections to the Northern Ireland Assembly,

(f)local government elections, and

(g)local elections in Northern Ireland.

(6)For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.

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Amendments (Textual)

F39Words in s. 22(2)(a) substituted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)

F40Words in s. 22(2)(b) substituted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)

F41S. 22(2A) inserted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)

Commencement Information

I12S. 22 wholly in force at 16.2.2001; s. 22 not in force at Royal assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 22 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

The registers of political partiesE+W+S+N.I.

23 The new registers.E+W+S+N.I.

(1)In place of the register of political parties maintained by the registrar of companies under the M16Registration of Political Parties Act 1998, there shall be the new registers of political parties mentioned in subsection (2) which—

(a)shall be maintained by the Commission, and

(b)(subject to the provisions of this section) shall be so maintained in such form as the Commission may determine.

(2)The new registers of political parties are—

(a)a register of parties that intend to contest relevant elections in one or more of England, Scotland and Wales (referred to in this Act as “the Great Britain register”); and

(b)a register of parties that intend to contest relevant elections in Northern Ireland (referred to in this Act as “the Northern Ireland register”).

(3)Each party registered in the Great Britain register shall be so registered in respect of one or more of England, Scotland and Wales; and the entry for each party so registered shall be marked so as to indicate—

(a)the part or parts of Great Britain in respect of which it is registered; and

(b)if the party is a minor party, that it is such a party.

(4)A party may be registered under this Part in both of the new registers, but where a party is so registered—

(a)the party as registered in the Great Britain register, and

(b)the party as registered in the Northern Ireland register,

shall constitute two separate registered parties.

(5)In such a case—

(a)the party shall for the purposes of this Act be so organised and administered as to secure that the financial affairs of the party in Great Britain are conducted separately from those of the party in Northern Ireland;

(b)the financial affairs of the party in Great Britain or (as the case may be) Northern Ireland, shall accordingly constitute for those purposes the financial affairs of the party as registered in the Great Britain register or (as the case may be) the Northern Ireland register; and

(c)any application for the registration of a party in accordance with subsection (4) shall similarly be made and determined by reference to the party’s organisation and activities in Great Britain and Northern Ireland respectively.

(6)The Secretary of State may by order make provision for the transfer to the Commission of any property, rights and liabilities to which the registrar of companies is entitled or subject in connection with his functions under the M17Registration of Political Parties Act 1998; and an order under this subsection may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

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Commencement Information

I13S. 23 wholly in force at 16.2.2001; s. 23 partly in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(3)(4); s. 23 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

Preliminary requirementsE+W+S+N.I.

24 Office-holders to be registered.E+W+S+N.I.

(1)For each registered party there shall be—

(a)a person registered as the party’s leader;

(b)a person registered as the party’s nominating officer; and

(c)a person registered as the party’s treasurer;

but the person registered as leader may also be registered as nominating officer or treasurer (or both).

(2)The person registered as a party’s leader must be—

(a)the overall leader of the party; or

(b)where there is no overall leader of the party, a person who is the leader of the party for some particular purpose.

(3)The person registered as a party’s nominating officer must have responsibility for the arrangements for—

(a)the submission by representatives of the party of lists of candidates for the purpose of elections;

(b)the issuing of such certificates as are mentioned in section 22(6); and

(c)the approval of descriptions and emblems used on nomination and ballot papers at elections.

(4)The person registered as a party’s treasurer shall be responsible for compliance on the part of the party—

[F42(a)with the provisions of Parts 3, 4 and 4A (accounting requirements and control of donations, loans and certain other transactions)]

(b)unless a person is registered as the party’s campaigns officer in accordance with section 25, with the provisions of Parts V to VII (campaign expenditure, third party expenditure and referendums) as well.

(5)In the case of a party with accounting units the person registered as the party’s treasurer shall, in relation to the provisions of Part III, be responsible for compliance on the part of the party’s central organisation (rather than of the party).

(6)Where—

(a)the person registered as a party’s treasurer dies, or

(b)his appointment as treasurer terminates for any other reason,

then, until such time as another person is registered as the party’s treasurer in pursuance of an application under section 31(3)(a), the appropriate person shall be treated for all purposes of this Act (except subsection (8)) as if he were registered also as its treasurer.

(7)In subsection (6) “the appropriate person” means—

(a)the person registered as the party’s leader; or

(b)if that person is also registered as its treasurer but not as its nominating officer, the person registered as its nominating officer; or

(c)if that person is also registered both as its treasurer and as its nominating officer, any other officer of the party registered in accordance with Schedule 4.

(8)A person commits an offence if—

(a)he is registered as treasurer of a registered party, and

(b)he has been convicted, at any time within the period of five years ending with the date of registration, of any offence under this Act or of any other offence committed in connection with a relevant election [F43, an election to the House of Assembly of Gibraltar] or a referendum within the meaning of Part VII.

(9)Where a person registered as treasurer of a registered party is convicted of an offence falling within subsection (8)(b), his appointment as treasurer of the party shall terminate on the date of the conviction.

(10)In connection with the registration of a party in both the Great Britain register and the Northern Ireland register in accordance with section 23(4)—

(a)a person may be registered in the Northern Ireland register as leader of the separate party registered in that register if (although not such a leader of the party as is mentioned in subsection (2) above) he is leader of the party in Northern Ireland; and

(b)references to a person’s responsibilities in subsection (3) or (4) above shall be read as references to the responsibilities that he will have with respect to the separate party registered in the Great Britain register or the Northern Ireland register, as appropriate.

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Amendments (Textual)

F42S. 24(4)(a) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 140; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Commencement Information

I14S. 24 wholly in force at 16.2.2001; s. 24 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 24 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

25 Parties with campaigns officers.E+W+S+N.I.

(1)In the case of any registered party a person—

(a)may be registered as the party’s campaigns officer, and

(b)may be so registered whether or not he is also registered as the party’s leader or nominating officer (or both).

(2)The person registered as a party’s campaign officer shall be responsible for compliance on the part of the party with the provisions of Parts V to VII.

(3)So long as a party is registered as a party with a campaigns officer, section 24(6), (8) and (9) shall apply in relation to a person registered as the party’s campaigns officer as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the person registered as treasurer of the party.

(4)The person registered as a party’s campaigns officer may appoint, on such terms as he may determine, one or more deputy campaigns officers of the party for the purposes of Part V, but not more than 12 persons may hold such appointments at the same time.

(5)For the purposes of this section—

(a)the provisions of section 74(2) to (10) shall apply in relation to a party’s campaigns officer and the appointment of a person as deputy campaigns officer as they apply in relation to a party’s treasurer and the appointment of a person as deputy treasurer, and

(b)any reference in those provisions to a treasurer or (as the case may be) deputy treasurer shall accordingly be read as a reference to a campaigns officer or (as the case may be) deputy campaigns officer.

(6)In relation to any time when a party is (or was) registered as a party with a campaigns officer—

(a)the provisions of Part V (other than section 74) and Parts VI and VII shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer, and any reference to a deputy treasurer of the party were a reference to a deputy campaigns officer of the party; and

(b)the provisions of Part X (enforcement) shall apply in connection with matters relevant for the purposes of Parts V to VII as if any reference to a person who is or has been the treasurer of the party were a reference to a person who is or has been the registered campaigns officer.

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Commencement Information

I15S. 25 wholly in force at 16.2.2001; s. 25 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 25 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 (subject to transitional provisions in Sch. 1 Pt. II)

26 Financial structure of registered party: adoption of scheme.E+W+S+N.I.

(1)A party may not be registered unless it has adopted a scheme which—

(a)sets out the arrangements for regulating the financial affairs of the party for the purposes of this Act; and

(b)has been approved in writing by the Commission.

(2)The scheme must in particular determine for the purposes of this Act whether the party is to be taken to consist of—

(a)a single organisation with no division of responsibility for the financial affairs and transactions of the party for the purposes of Part III (accounting requirements), or

(b)a central organisation and one or more separate accounting units, that is to say constituent or affiliated organisations each of which is to be responsible for its own financial affairs and transactions for the purposes of that Part.

(3)In the latter case the scheme must—

(a)identify, by reference to organisations mentioned in the party’s constitution, those which are to constitute the central organisation and the accounting units respectively; and

(b)give the name of each of those organisations.

(4)The scheme must in every case include such other information as may be prescribed by regulations made by the Commission.

(5)Where a draft scheme is submitted by a party for the Commission’s approval, the Commission may either—

(a)approve the scheme, or

(b)give the party a notice requesting it to submit a revised scheme to them,

as they think fit.

(6)If under subsection (5) the Commission request a party to submit a revised scheme, they may specify either or both of the following, namely—

(a)any matters which they consider should be dealt with in the revised scheme; and

(b)any modifications which they consider should be incorporated in it.

(7)A registered party may at any time notify the Commission that it wishes to replace the scheme for the time being approved in relation to it under this section with a further scheme complying with subsections (1) to (4); and where it so notifies the Commission—

(a)it shall submit for the Commission’s approval a draft of the replacement scheme;

(b)subsections (5) and (6) shall apply in connection with the approval by the Commission of that scheme; and

(c)once that scheme has been approved in writing by the Commission it shall have effect as the party’s scheme under this section.

(8)For the purposes of this section none of the following shall be taken to be a constituent or affiliated organisation in relation to a party—

(a)a trade union within the meaning of the M18Trade Union and Labour Relations (Consolidation) Act 1992 or the M19Industrial Relations (Northern Ireland) Order 1992;

(b)a friendly society registered under the M20Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the M21Industrial and Provident Societies Act 1965 or the M22Industrial and Provident Societies Act (Northern Ireland) 1969;

(c)any other organisation specified, or of a description specified, in an order made by the Secretary of State on the recommendation of the Commission.

(9)In this section “constitution”, in relation to a party, means the document or documents (of whatever name) by which the structure and organisation of the party is determined.

(10)In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section 23(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection—

(a)any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and

(b)any reference in this Part to the party’s constitution shall be read as a reference to the party’s constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;

and the party’s scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.

(11)For the purposes of this Act—

(a)accounting unit” means a constituent or affiliated organisation falling within paragraph (b) of subsection (2);

(b)a registered party is a “party with accounting units” if the party’s scheme under this section identifies the party as being one falling within that paragraph; and

(c)in the case of such a party, the “central organisation” of the party is the central organisation referred to in that paragraph.

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Commencement Information

I16S. 26 wholly in force; s. 26 in force at Royal Assent for specified purposes, see s. 163(3); s. 26 partly in force at 14.12.2000 for specified purposes by s. 163(4) and fully in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to the transitional provisions in Pt. II of Sch. 1)

Marginal Citations

27 Financial structure of registered party: accounting units.E+W+S+N.I.

(1)This section applies where a registered party is a party with accounting units.

(2)For each accounting unit there shall be—

(a)a person registered as the treasurer of the unit who shall be responsible for compliance on the part of the unit with the provisions of [F44Parts 3, 4 and 4A] so far as relating to it; and

(b)another person who is an officer of the unit registered for the purposes of subsection (3).

(3)Section 24(6), (8) and (9) shall apply in relation to a person registered as treasurer of an accounting unit as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the officer of the unit who is registered for the purposes of this subsection.

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Amendments (Textual)

F44Words in s. 27(2)(a) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 141; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Commencement Information

I17S. 27 wholly in force at 16.2.2001; s. 27 not in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 27 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

RegistrationE+W+S+N.I.

28 Registration of parties.E+W+S+N.I.

(1)A party may apply to be registered under this Part by sending to the Commission an application which—

(a)complies with the requirements of Part I of Schedule 4, and

(b)is accompanied by a declaration falling within subsection (2).

(2)The declarations falling within this subsection are—

(a)a declaration that the party—

(i)intends to contest one or more relevant elections in Great Britain and one or more such elections in Northern Ireland, and

(ii)is accordingly applying to be registered (as two such separate parties as are mentioned in section 23(4)) in both the Great Britain register and the Northern Ireland register;

(b)a declaration that the party—

(i)intends to contest one or more relevant elections (which will not be confined to one or more parish or community elections) in Great Britain only, and

(ii)is accordingly applying to be registered in the Great Britain register only;

(c)a declaration that the party—

(i)intends to contest one or more relevant elections in Northern Ireland only, and

(ii)is accordingly applying to be registered in the Northern Ireland register only;

(d)a declaration that the party—

(i)intends only to contest one or more parish or community elections, and

(ii)is accordingly applying to be registered in the Great Britain register only.

(3)A declaration falling within paragraph (a), (b) or (d) of subsection (2) must specify the part or parts of Great Britain in respect of which the party is applying to be registered in the Great Britain register.

[F45(3A)A declaration under subsection (2)(a) or (b) which specifies that the party is applying to be registered in respect of England may include a statement that the party intends to contest one or more elections to the European Parliament in the combined region.]

(4)Where a party sends an application to the Commission in accordance with subsection (1), the Commission shall grant the application unless in their opinion the party proposes a registered name which—

(a)would either—

(i)be the same as that of a party which is already registered in the register in which that party is applying to be registered, or

(ii)be likely to result in electors confusing that party with a party which is already registered in respect of the relevant part of the United Kingdom,

(b)comprises more than six words,

(c)is obscene or offensive,

(d)includes words the publication of which would be likely to amount to the commission of an offence,

[F46(da)would be likely, were it to appear on a ballot paper issued at an election—

(i)to result in an elector being misled as to the effect of his vote, or

(ii)to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,]

(e)includes any script other than Roman script, or

(f)includes any word or expression prohibited by order made by the Secretary of State after consulting the Commission,

or it appears to the Commission that the party has failed to adopt a scheme approved under section 26.

(5)In subsection (4)(a) “already registered in respect of the relevant part of the United Kingdom” means—

(a)in connection with registration of the applicant party in the Great Britain register, already registered in respect of any part of Great Britain in respect of which that party is applying to be registered;

(b)in connection with registration of the applicant party in the Northern Ireland register, already registered in that register.

(6)An order under subsection (4)(f) may except the use of a word or expression from the prohibition in specified circumstances.

(7)If—

(a)at any time two or more applications for registration are pending each of which would (in the absence of the other or others) fall to be granted by the Commission, but

(b)the registered names proposed by the applicant parties are such that, if one of those names was already registered in pursuance of the application in question, the Commission would be required to refuse the other application or applications by virtue of subsection (4)(a),

the Commission shall determine by reference to the history of each of the applicant parties which of them has, in the Commission’s opinion, the greater or greatest claim to the name proposed by it, and shall then grant the application by that party and refuse the other application or applications.

(8)Where the Commission grant an application by a party under this section, they shall include in the party’s entry in the register—

(a)the particulars, apart from home addresses, given in the application in accordance with paragraphs 2 to 4, 5(2) and 6 of Schedule 4; F47. . .

(b)the date of registration.

[F48(c)any statement made under subsection (3A); and

(d)if the party—

(i)is established in Gibraltar (in this Act referred to as a “Gibraltar party”); and

(ii)has made a statement under subsection (3A), a notice that it is a Gibraltar party.]

(9)Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.

(10)In this Part “the register” means—

(a)in relation to a party registered in the Great Britain register, the Great Britain register, and

(b)in relation to a party registered in the Northern Ireland register, the Northern Ireland register.

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Amendments (Textual)

Commencement Information

I18S. 28 wholly in force at 16.2.2001; s. 28 in force at Royal Assent for specified purposes and at 14.12.2000 for further specified purposes, see s. 163(2)(4); s. 28 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

[F4928ADescriptionsE+W+S+N.I.

(1)A party's application under section 28 may include a request for the registration of up to 12 descriptions to be used on nomination papers or ballot papers.

(2)Where a request is made by a party under this section in relation to a description, the Commission shall register the description as a description of the party unless it is of more than six words in length or in their opinion it—

(a)would be the same as the name of a party or the registered description of a party which (in either case) is already registered in the register in which that party is applying to be registered,

(b)would be likely to result in electors confusing that party with another party which is already registered in respect of the relevant part of the United Kingdom,

(c)is obscene or offensive,

(d)is of such a character that its publication would be likely to amount to the commission of an offence,

(e)would be likely, were it to appear on a ballot paper issued at an election—

(i)to result in an elector being misled as to the effect of his vote, or

(ii)to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

(f)includes any script other than Roman script, or

(g)includes a word or expression prohibited by order made by the Secretary of State.

(3)In subsection (2)(b) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).

(4)An order under subsection (2)(g) may except the use of a word or expression from the prohibition in specified circumstances.

(5)In the application of subsection (2) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is applying to be registered, for “it is of more than six words in length” substitute its length exceeds six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language.

(6)The Secretary of State may, by order, substitute for the number “12” in subsection (1) such other number as he thinks appropriate.

(7)An order under subsection (2)(g) or (6) must not be made unless the Secretary of State first consults the Commission.

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Amendments (Textual)

28BJoint descriptionsE+W+S+N.I.

(1)Two or more parties which are registered under section 28 above in the same register may apply to the Commission to register a description for use by a candidate standing in the name of both or all of the parties jointly.

(2)The following provisions of section 28A apply to an application under this section as they apply to an application under that section—

(a)subsections (2) to (5);

(b)subsection (7), so far as it relates to subsection (2)(g).

(3)Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a description mentioned in subsection (1) above as they apply to a description to which section 28A applies; and for the purposes of such application—

(a)any reference to a party in section 30 (except in relation to an application to remove a description under subsection (1)(bb) of that section) must be construed as a reference to the parties mentioned in subsection (1) above acting jointly,

(b)section 30(4A)(a) must be taken to read “the parties already have a description registered in pursuance of section 28B above”, and

(c)the requirement in paragraph 9 of Schedule 4 for an application under section 30 to be signed by the responsible officer of a party must be taken to be a requirement for the application to be signed by a responsible officer of each party which joins in the application.]

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Amendments (Textual)

29 Emblems.E+W+S+N.I.

(1)A party’s application under section 28 may include a request for the registration of up to three emblems to be used by the party on ballot papers.

(2)Where a request is made by a party under this section in relation to an emblem, the Commission shall register the emblem as an emblem of the party unless in their opinion it—

(a)would either—

(i)be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or

(ii)be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,

(b)is obscene or offensive,

(c)is of such a character that its publication would be likely to amount to the commission of an offence, or

[F50(ca)would be likely, were it to appear on a ballot paper issued at an election—

(i)to result in an elector being misled as to the effect of his vote, or

(ii)to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,]

(d)includes a word or expression prohibited by virtue of section 28(4)(f).

(3)In subsection (2)(a) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).

(4)A registered emblem shall be a black and white representation of the emblem shown in the application.

(5)Where the Commission refuse a request made by a party under this section in relation to an emblem, they shall notify the party of their reasons for refusing the request.

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Amendments (Textual)

Commencement Information

I19S. 29 wholly in force at 16.2.2001; s. 29 not in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 29 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

30 Changes to the register.E+W+S+N.I.

(1)A party may apply to the Commission to have its entry in the register altered by—

(a)changing its registered name,

(b)(if registered in the Great Britain register) changing the part or parts of Great Britain in respect of which it is registered,

[F51(ba)(if registered in the Great Britain register in respect of England) the addition or removal of a statement that the party intends to contest one or more elections to the European Parliament in the combined region;]

[F52(bb)the addition, alteration, substitution or removal of a description,]

(c)the addition, substitution or removal of an emblem,

(d)the addition or removal of a statement that a party is registered as a party with a campaigns officer, or

(e)the addition of information prescribed under paragraph 6 of Schedule 4 since—

(i)the time when the party applied for registration, or

(ii)if a notification has been previously given under section 32 in relation to the party, the time when the last such notification was given.

(2)Subject to subsections (3) to [F53(6A)], the Commission shall grant an application under this section.

[F54(2A)If the party—

(a)is a Gibraltar party; and

(b)the Commission grants an application to have its entry in the register altered by the addition of a statement that it intends to contest one or more elections to the European Parliament in the combined region,

the Commission shall include in the party’s entry in the register a notice that it is a Gibraltar party.]

(3)The Commission shall refuse an application to change a party’s registered name if, in their opinion, any of paragraphs (a) to (f) of section 28(4) apply to the new name.

(4)The Commission shall refuse an application to change the part or parts of Great Britain in respect of which a party is registered if, in their opinion, the change would be likely to result in—

(a)such confusion in relation to the party’s registered name as is mentioned in paragraph (a) of section 28(4),[F55 or

(aa)such confusion in relation to a registered description of the party as is mentioned in paragraph (b) of section 28A(2),] or

(b)such confusion in relation to a registered emblem of the party as is mentioned in paragraph (a) of section 29(2).

[F56(4A)The Commission shall refuse an application to add a description if—

(a)the party already has 12 descriptions (or such other maximum number of descriptions as is substituted by order under section 28A(6)),

(b)the length of the description exceeds six words, or

(c)in the Commission's opinion, any of paragraphs (a) to (g) of section 28A(2) apply to the description.

(4B)The Commission shall refuse an application to alter a description if the effect of the alteration—

(a)is that the length of the description as altered will exceed six words, or

(b)in their opinion, is that any of paragraphs (a) to (g) of section 28A(2) will apply to the description as altered.

(4C)The Commission shall refuse to substitute a description if—

(a)the length of the new description will exceed six words, or

(b)in their opinion any of paragraphs (a) to (g) of section 28A(2) apply to the new description.

(4D)In the application of subsection (4A)(b), (4B)(a) or (4C)(a) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is registered, for “six words” substitute six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language.]

(5)The Commission shall refuse an application to add an emblem if—

(a)the party already has three registered emblems, or

(b)in the Commission’s opinion, any of paragraphs (a) to (d) of section 29(2) apply to the emblem.

(6)The Commission shall refuse to substitute an emblem if in their opinion any of paragraphs (a) to (d) of section 29(2) apply to the new emblem.

[F57(6A)If an application under this section for the substitution or removal of a description is granted at any time between—

(a)the date of publication of the notice of election at an election in which there are one or more candidates standing in the name of the party, and

(b)the poll at the election,

the change does not take effect until the day following the poll.]

(7)For the purposes of subsection (3), [F58(4A), (4B), (4C),](5) or (6)—

(a)section 28(4)(a) and section 28(5),[F59 or

(aa)section 28A(2)(a) and section 28(5) as it applies by virtue of section 28A(3), or

(ab)section 28A(2)(a) as it applies by virtue of section 28B(2),] or

(b)section 29(2)(a) and section 28(5) (as it applies by virtue of section 29(3)),

as the case may be, shall each have effect as if the words “applying to be” were omitted.

(8)Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.

(9)Part II of Schedule 4 applies to applications under this section.

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Amendments (Textual)

Commencement Information

I20S. 30 wholly in force at 16.2.2001; s. 30 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 30 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

31 Notification of changes in party’s officers etc.E+W+S+N.I.

(1)If at any time any particulars in a party’s entry in the register which relate to any relevant matter cease to be accurate, the person registered as treasurer of the party must give the Commission a notification under this section.

(2)For the purposes of this section “relevant matter” means any of the following—

(a)the name of any registered officer of the party;

(b)the home address of any such officer;

(c)the address of the party’s headquarters (or, if it has no headquarters, the address to which communications to the party may be sent);

(d)the name of the treasurer of any accounting unit of the party or of any officer of such a unit registered for the purposes of section 27(3);

(e)the name of any accounting unit of the party;

(f)the address of the headquarters of any accounting unit of the party (or, if it has no headquarters, the address to which communications to the accounting unit may be sent).

(3)A notification under this section [F60(other than under subsection (3A))] must specify the relevant matter in respect of which the registered particulars have ceased to be accurate, and—

(a)if that matter is specified in subsection (2)(a) or (d)—

(i)specify the name of the officer replacing the person currently registered as holder of the office in question, and

(ii)(if that person is so registered as an officer of the party) include an application for the registration of the replacement officer which complies with Part III of Schedule 4; and

(b)otherwise, specify accurate particulars in respect of that matter.

[F61(3A)If a party’s entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region and the statement ceases to be accurate, the person registered as the treasurer of the party must give the Commission a notification to that effect under this section.]

(4)A notification under this section must be given to the Commission—

(a)where subsection (1) applies by reason of the death or the termination for any other reason of the appointment of any registered officer of the party, within the period of 14 days beginning with the date of his death or the termination of his appointment;

(b)where that subsection applies by reason of any other change in circumstances, within the period of 28 days beginning with the date when the change occurs.

[F62(c)where subsection (3A) applies, within the period of 14 days beginning with the date when the statement ceases to be accurate.]

(5)Where the Commission receive a notification under this section, they shall cause any change required as a consequence of the notification to be made in the party’s entry in the register as soon as is reasonably practicable.

(6)In the case of a party with accounting units any reference to the party in subsection (2)(c) shall be read as a reference to the central organisation.

(7)For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

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Amendments (Textual)

F60Words in s. 31(3) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366, arts. 1(2), 4(2), Sch. para. 6(a)

Commencement Information

I21S. 31 wholly in force at 16.2.2001; s. 31 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 31in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

32 Confirmation of registered particulars etc.E+W+S+N.I.

(1)The person registered as treasurer of a party must, [F63within the specified period], give a notification under this section to the Commission.

[F64(1A)In subsection (1), “the specified period” means the period—

(a)beginning on the first day of the period within which the statement of accounts for any financial year of the party is required to be delivered to the Commission by virtue of section 45, and

(b)ending six months after the last day of that period.]

(2)A notification under this section must—

(a)state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or

(b)so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—

(i)an application under section 30,

(ii)a notification under section 31, or

(iii)any information so prescribed.

(3)A notification under this section must also give particulars of any change occurring in the party’s constitution (within the meaning of section 26) since the relevant time.

(4)In subsections (2) and (3) “the relevant time” means—

(a)the time when the party applied for registration, or

(b)if a notification has been previously given under this section in relation to the party, the time when the last such notification was given.

(5)A notification under this section must be accompanied by any fee prescribed by order made by the Secretary of State.

(6)For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

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Amendments (Textual)

Commencement Information

I22S. 32 wholly in force at 16.2.2001; s. 32 in force at Royal Assent for specified purposes and in force at 14.12.2000 for further specified purposes, see s. 163(3)(4); s. 32 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

33 Party ceasing to be registered.E+W+S+N.I.

(1)Once a party is registered its entry may only be removed from the register in accordance with subsection (2) [F65or (2A)].

(2)Where—

(a)a party applies to have its entry removed from the register, and

(b)the application includes a declaration on behalf of the party that it does not intend to have any candidates at any relevant election,

the Commission shall remove the party’s entry from the register.

[F66(2A)Where the Commission does not receive a notification required by virtue of section 32(1) or 34(3) on or before the specified day, the Commission shall remove the party's entry from the register.

(2B)In subsection (2A) “the specified day” means—

(a)in relation to a notification required by virtue of section 32(1), the last day of the specified period for the purposes of that subsection;

(b)in relation to a notification required by virtue of section 34(3), the day which falls six months after the relevant anniversary of the party's inclusion in the register.

(2C)In subsection (2B)(b), “relevant anniversary” means the anniversary in relation to which the notification is required to be given by virtue of section 34(3).]

(3)On the removal of [F67a party's entry from the register by virtue of subsection (2) or (2A)] the party shall cease to be a registered party.

(4)However, until [F68the relevant time]

(a)the Commission shall, when considering applications made by other parties under this Part, treat the entry as if it were still contained in the register, and

(b)the requirements of Parts III to V shall continue to apply to the party as if it were still registered.

[F69(4A)In subsection (4), “the relevant time” means—

(a)if—

(i)the party's entry is removed by virtue of subsection (2), and

(ii)its gross income or total expenditure in its financial year preceding the year in which the entry is removed is £25,000 or more,

the end of the financial year of the party which follows that in which the entry is removed;

(b)otherwise, the end of the financial year of the party in which the entry is removed.]

(5)Part IV of Schedule 4 applies to applications [F70under subsection (2)].

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Amendments (Textual)

Commencement Information

I23S. 33 wholly in force at 16.2.2001; s. 33 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 33 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

34 Registration of minor parties.E+W+S+N.I.

(1)This section applies to any party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d) (referred to in this Act as a “minor party”).

(2)The following provisions do not apply to a minor party—

(a)any provisions of this Part so far as relating to the registration of a treasurer or campaigns officer for a registered party or otherwise referring to a registered treasurer or campaigns officer (or any deputy campaigns officer);

(b)sections 26 and 27; and

(c)section 36;

but this is subject to subsection (8)(a).

(3)The registered leader of a minor party must, in the case of each anniversary of the party’s inclusion in the register, give a notification under this subsection to the Commission within the period beginning one month before the anniversary and ending [F71six months] after it.

(4)A notification under subsection (3) must—

(a)state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or

(b)so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—

(i)an application under section 30,

(ii)a notification under section 31, or

(iii)any information so prescribed.

(5)In subsection (4) “the relevant time” means—

(a)the time when the party applied for registration, or

(b)if a notification has previously been given under subsection (3) in relation to the party, the time when the last such notification was given;

and for the purposes of subsection (4) any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

(6)A notification under subsection (3) must be accompanied by any fee prescribed by order made by the Secretary of State.

(7)In addition to being able to make an application under section 30, a minor party may apply to the Commission to have—

(a)the declaration mentioned in subsection (1) above cancelled, and

(b)the party’s existing entry in the Great Britain register replaced by such entry or entries (in that or the Northern Ireland register) as accord with a fresh declaration sent by the party to the Commission and falling within section 28(2)(a), (b) or (c).

(8)Where a minor party makes an application under subsection (7)—

(a)the provisions mentioned in subsection (2)(a) and (b) shall apply to the party;

(b)the party must provide the Commission with such information as—

(i)would, by virtue of Schedule 4, be required to be provided in connection with an application by the party under section 28 to be registered in accordance with the fresh declaration mentioned in subsection (7)(b), and

(ii)has not already been provided in connection with its existing registration as a minor party; and

(c)the following provisions, namely—

(i)sections 28(4) to (8) and 29, and

(ii)paragraphs 1(2) and 7 of Schedule 4,

shall apply, with any necessary modifications, in relation to the party’s application as if it were such an application under section 28 as is mentioned in paragraph (b)(i).

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Amendments (Textual)

Commencement Information

I24S. 34 wholly in force at 16.2.2001; s. 34 partly in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(3)(4); s. 34 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

35 Request by Secretary of State.E+W+S+N.I.

On receipt of a request made by the Secretary of State, the Commission shall send a copy of the Great Britain or Northern Ireland register, or any parts of it specified in the request, to—

(a)the Secretary of State; or

(b)any other person so specified.

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Commencement Information

I25S. 35 wholly in force at 16.2.2001; s. 35 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 35 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

36 Assistance by Commission for existing registered parties.E+W+S+N.I.

(1)The Commission may, in accordance with a scheme prepared by them for the purposes of this section, provide assistance for existing parties with a view to helping them to meet, or to reducing, the expenses falling to be initially incurred by them in order to comply with Parts III and IV.

(2)The assistance which may be so provided to an existing party may take the form of—

(a)a grant to the party, or

(b)the provision of non-financial benefits to the party (such as the provision of computer software free of charge),

or both, as the scheme may determine.

(3)The scheme may provide for an existing party’s entitlement to assistance under this section to depend on the Commission’s being satisfied that the expenses falling to be incurred by the party as mentioned in subsection (1) exceed an amount specified in the scheme.

(4)Any grant under this section may be made subject to such conditions as the Commission consider appropriate.

(5)The total expenditure incurred by the Commission in providing assistance under this section (whether by grants or otherwise) shall not exceed £700,000.

(6)The Commission shall publish the scheme in such manner as they consider appropriate.

(7)In this section “existing party” means any party registered under the M23Registration of Political Parties Act 1998 at the commencement of this section.

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Marginal Citations

SupplementalE+W+S+N.I.

37 Party political broadcasts.E+W+S+N.I.

(1)A broadcaster shall not include in its broadcasting services any party political broadcast made on behalf of a party which is not a registered party.

(2)In this Act “broadcaster” means—

(a)the holder of a licence under the M24Broadcasting Act 1990 or M251996 ,

(b)the British Broadcasting Corporation, or

(c)Sianel Pedwar Cymru.

[F72(3)The reference in subsection (1) to a broadcaster includes a reference to the Gibraltar Broadcasting Corporation, but only as respects party political broadcasts relating to elections to the European Parliament.]

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Amendments (Textual)

Commencement Information

I26S. 37 wholly in force at 16.2.2001; s. 37 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 37 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

38 Amendment of parliamentary elections rules.E+W+S+N.I.

(1)The rules set out in Schedule 1 to the Representation of the M26People Act 1983 (the parliamentary elections rules) shall be amended as follows.

(2)In rule 6 (nomination of candidates), for paragraph (3) there shall be substituted—

(3)The description, if any, must consist of either—

(a)a description (of not more than 6 words in length) which is authorised as mentioned in rule 6A(1) below; or

(b)the word “Independent” or, where the candidate is the Speaker of the House of Commons seeking re-election, the words “The Speaker seeking re-election”.

(3)In rule 6A (nomination papers: name of registered political party)—

(a)in paragraph (1), after “unless” there shall be inserted “ the party is a qualifying party in relation to the constituency and ”; and

(b)for paragraph (3) there shall be substituted—

(3)For the purposes of the application of this rule in relation to an election—

(a)registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of the election is required to be published by virtue of rule 1 (“the relevant time”);

(b)a registered political party is a qualifying party in relation to a constituency if—

(i)the constituency is in England, Scotland or Wales and the party was at the relevant time registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act, or

(ii)the constituency is in Northern Ireland and the party was at the relevant time registered in the Northern Ireland register maintained under that Part of that Act.

(4)In the Appendix of Forms, in the form of nomination paper, for “Merchant” there shall be substituted “ Independent ”.

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Commencement Information

I27S. 38 wholly in force at 16.2.2001; s. 38 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 38 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

39 False statements: offence.E+W+S+N.I.

A person commits an offence if—

(a)he knowingly or recklessly makes a statement to the Commission which is false in any material particular, and

(b)the statement is made, or purports to be made, on behalf of a party for any purpose of this Part of this Act.

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Commencement Information

I28S. 39 wholly in force at 16.2.2001; s. 39 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 39 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

40 Interpretation of Part II.E+W+S+N.I.

(1)In this Part—

  • the appointed day” means the day appointed under section 163(2) for the coming into force of section 23;

  • financial year”, in relation to a registered party, shall be construed in accordance with section 41(6);

  • parish or community election” means an election of councillors for a parish in England or a community in Wales;

  • party” includes any organisation or person;

  • the register” shall be construed in accordance with section 28(10);

  • registered” (unless the context otherwise requires) means registered under this Part (whether in the Great Britain or the Northern Ireland register), and other references to registration shall be construed accordingly;

  • the registrar of companies” means the registrar or other officer who performs the duty of registering companies under the M27Companies Act 1985;

  • relevant election” shall be construed in accordance with section 22(5).

(2)For the purposes of this Part a registered party contests an election—

(a)by one or more candidates standing for election in the party’s name at the election, or

(b)by the party itself standing nominated at the election.

[F73(3)The combined region is to be regarded as part of England for the purposes of—

(a)the references to England in sections 22(2)(a), 23(2)(a) and (3), 28(3A) and 30(1)(ba);

(b)the references to Great Britain (other than in the expression “Great Britain register”) in sections 23(5)(c) and 28(2)(a) and (b); and

(c)any reference in this Part to a part or parts of Great Britain or to a part or parts of the United Kingdom (other than a reference by name to a particular part).]

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Amendments (Textual)

Commencement Information

I29S. 40 wholly in force at 16.2.2001; s. 40 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 40 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

Part IIIE+W+S+N.I. Accounting requirements for registered parties

Accounting recordsE+W+S+N.I.

41 Duty to keep accounting records.E+W+S+N.I.

(1)The treasurer of a registered party must ensure that accounting records are kept with respect to the party which are sufficient to show and explain the party’s transactions.

(2)The accounting records must be such as to—

(a)disclose at any time, with reasonable accuracy, the financial position of the party at that time; and

(b)enable the treasurer to ensure that any statement of accounts prepared by him under section 42 complies with the requirements of regulations under subsection (2)(a) of that section.

(3)The accounting records must in particular contain—

(a)entries showing from day to day all sums of money received and expended by the party, and the matters in respect of which the receipt and expenditure take place; and

(b)a record of the assets and liabilities of the party.

(4)The treasurer must ensure that any accounting records made for the purposes of this section in respect of the party are preserved for at least six years from the end of the financial year of the party in which they are made.

(5)Where a party ceases to be registered within the period of six years mentioned in subsection (4) as it applies to any accounting records, the obligation to ensure that those records are preserved in accordance with that subsection shall continue to be discharged by the last treasurer of the party unless—

(a)the Commission consent in writing to the records being destroyed, or

(b)the Commission direct in writing that the records may be otherwise disposed of and the records are disposed of in accordance with the direction.

(6)In this Part “financial year”, in relation to a registered party, means such period as may be determined by the Commission under subsection (7), whether in relation to—

(a)registered parties generally,

(b)any description of registered parties which includes the party, or

(c)the party itself.

(7)The Commission may determine that the period which is to be a financial year of a registered party shall be—

(a)a period of twelve months specified by the Commission, or

(b)a shorter period specified by them for any transitional purposes;

and different determinations may be made under this subsection in respect of financial years beginning on different dates.

(8)The Commission shall notify registered parties of any determination under subsection (7) which affects them.

(9)Nothing in this Part applies in relation to a minor party.

Statements of accountsE+W+S+N.I.

42 Annual statements of accounts.E+W+S+N.I.

(1)The treasurer of a registered party shall prepare a statement of accounts in respect of each financial year of the party.

(2)A statement of accounts under this section must—

(a)comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission; and

(b)be approved—

(i)by the management committee of the party, if there is one, and

(ii)otherwise by the registered leader of the party.

(3)Regulations under subsection (2)(a) may in particular—

(a)require any such statement to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;

(b)specify information which is to be provided by way of notes to the accounts.

(4)Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (2)(a) may impose different requirements—

[F74(a)according to which of the following bands the gross income or total expenditure of a party falls within—

(i)not exceeding £25,000;

(ii)exceeding £25,000 but not £100,000;

(iii)exceeding £100,000 but not £250,000;

(iv)exceeding £250,000;]

(b)in respect of (on the one hand) parties registered in the Great Britain register and (on the other) those registered in the Northern Ireland register.

[F75(4A)The Secretary of State may by order amend subsection (4)(a) by varying the number of bands set out in it.

(4B)The Secretary of State may not make an order under subsection (4A) except to give effect to a recommendation of the Commission.]

(5)F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The treasurer of a registered party shall ensure that any statement of accounts prepared under this section in respect of the party is preserved for at least six years from the end of the financial year to which the statement relates.

(7)Subsection (5) of section 41 shall apply in relation to the preservation of any such statement as it applies in relation to the preservation of any accounting records (the references to subsection (4) of that section being read as references to subsection (6) above).

(8)In this Part “gross income” means gross recorded income from all sources.

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Amendments (Textual)

F74S. 42(4)(a) substituted (11.9.2006 with effect as mentioned in s. 53(4) of the amending Act) by Electoral Administration Act 2006 (c. 22), ss. 53(2), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 14 (subject to art. 4, Sch. 2)

F75S. 42(4A)(4B) inserted (11.9.2006 with effect as mentioned in s. 53(4) of the amending Act) by Electoral Administration Act 2006 (c. 22), ss. 53(3), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 14 (subject to art. 4, Sch. 2)

Commencement Information

I30S. 42 wholly in force at 1.1.2002; s. 42 partly in force at Royal Assent, see s. 163(3); s. 42 in force in so far as not already in force at 1.1.2002 by S.I. 2001/3526, art. 3

43 Annual audits.E+W+S+N.I.

(1)Where a registered party’s gross income or total expenditure in any financial year exceeds £250,000, the accounts of the party for that year must be audited by a qualified auditor.

(2)Where—

(a)a registered party’s gross income or total expenditure in any financial year does not exceed £250,000, but

(b)the Commission consider it desirable that the accounts of the party for that year should be audited,

the Commission may (at any time) give the treasurer of the party a direction requiring those accounts to be audited by a qualified auditor.

(3)An audit under this section must be carried out—

(a)by the end of the period of six months from the end of the financial year in question, if the audit is required by subsection (1), or

(b)by the later of—

(i)the end of the period of six months from the end of the financial year in question, and

(ii)the end of the period of three months from the date of the direction under subsection (2),

if the audit is required by such a direction.

(4)If it appears to the Commission that any accounts required to be audited by virtue of—

(a)subsection (1), or

(b)a direction under subsection (2),

have not been duly audited by the time mentioned in subsection (3)(a) or (b) (as the case may be), the Commission may appoint a qualified auditor to audit those accounts.

(5)The expenses of any audit carried out by an auditor appointed by the Commission, including the auditor’s remuneration, may be recovered by the Commission from the funds of the party concerned as a debt due to the Commission.

(6)The Commission may by regulations make provision with respect to—

(a)the appointment of auditors to carry out audits under this section;

(b)the duties of auditors so appointed; and

(c)the removal or resignation of such auditors and matters connected with their removal or resignation.

(7)Regulations under subsection (6)(c) may make provision requiring such person as is specified in the regulations to deliver to the Commission, in a case where such an auditor is removed or resigns, a copy of such document relating to the auditor’s removal or resignation as is so specified; and any such person commits an offence if he fails to comply with any such requirement.

(8)Subsection (6)(a) does not apply in relation to the appointment of auditors by the Commission under subsection (4).

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Commencement Information

I31S. 43 wholly in force at 1.1.2002; s. 43 partly in force at Royal Assent, see s. 163(3); s. 43 in force in so far as not already in force at 1.1.2002 by S.I. 2001/3526, art. 3

44 Supplementary provisions about auditors.E+W+S+N.I.

(1)An auditor appointed to carry out an audit under section 43—

(a)has a right of access at all reasonable times to the party’s books, documents and other records; and

(b)is entitled to require from the treasurer or any other officer of the party, or from any former treasurer or officer of the party, such information and explanations as he thinks necessary for the performance of his duty as auditor.

(2)If any person fails to provide an auditor with any access, information or explanation to which the auditor is entitled by virtue of subsection (1), the Commission may give that person such written directions as they consider appropriate for securing that the default is made good.

(3)A person guilty of disobedience to any directions of the Commission under subsection (2) may, on the application of the Commission to the High Court or the Court of Session, be dealt with as for disobedience to an order of that Court.

(4)A person commits an offence if he knowingly or recklessly makes to an auditor appointed to carry out an audit under section 43 a statement (whether written or oral) which—

(a)conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of subsection (1), and

(b)is misleading, false or deceptive in a material particular.

[F77(5)In the application of this section to Gibraltar, the reference to the High Court shall have effect as if it were a reference to the Gibraltar court.]

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Amendments (Textual)

45 Delivery of statements of accounts etc. to Commission.E+W+S+N.I.

(1)The treasurer of a registered party shall, if the party’s accounts for a financial year are not required to be audited by virtue of section 43(1) or (2), within [F784 months] of the end of that financial year deliver to the Commission—

(a)the statement of accounts prepared for that year under section 42; and

(b)the notification required to be sent with that statement by virtue of section 32(1).

(2)If a registered party’s accounts for a financial year are required to be audited by virtue of section 43(1) or (2), the treasurer of the party shall, no later than 7 days after the end of the period allowed under section 43(3) for the audit of the accounts, deliver to the Commission—

(a)the documents mentioned in paragraphs (a) and (b) of subsection (1); and

(b)a copy of the auditor’s report (unless the auditor was appointed by the Commission under section 43(4)).

(3)If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this section for delivering a party’s documents within subsection (1) or (2) for any financial year, by notice extend that period by a further period specified in the notice.

(4)Any documents delivered to the Commission under this section shall be kept by the Commission for such period as they think fit.

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Amendments (Textual)

46 Public inspection of parties’ statements of accounts.E+W+S+N.I.

Where the Commission receive any statement of accounts under section 45, they shall—

(a)as soon as reasonably practicable after receiving the statement, make a copy of the statement available for public inspection; and

(b)keep any such copy available for public inspection for the period for which the statement is kept by them or, if they so determine, during such shorter period as they may specify.

47 Criminal penalty for failure to submit proper statement of accounts.E+W+S+N.I.

(1)If in the case of a registered party—

(a)any requirements of regulations under section 42(2)(a) are [F79, without reasonable excuse,] not complied with in relation to any statement of accounts delivered to the Commission under section 45, or

(b)any statement of accounts, notification or auditor’s report required to be delivered to the Commission under that section is [F80, without reasonable excuse,] not delivered to them before the end of the relevant period,

the person who was the treasurer of the party immediately before the end of that period is guilty of an offence.

(2)F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “the relevant period” means the period allowed by section 45(1) or (2) for delivering the statement, notification or report to the Commission or, if that period has been extended (or further extended) under section 45(3), that period as so extended.

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Amendments (Textual)

Revision of statements of accountsE+W+S+N.I.

48 Revision of defective statements of accounts.E+W+S+N.I.

(1)If it appears to the treasurer of a registered party that any statement of accounts for any financial year of the party has not complied with any requirements of regulations under section 42(2)(a) (“the prescribed requirements”), he may prepare a revised statement of accounts.

(2)Where that statement of accounts has been delivered to the Commission, the revisions shall be confined to—

(a)the correction of those respects in which the statement did not comply with the prescribed requirements, and

(b)the making of any necessary consequential alterations.

(3)If it appears to the Commission that there is, or may be, a question whether any statement of accounts delivered to them under section 45 complies with the prescribed requirements, they may give notice to the treasurer of the party in question indicating the respects in which it appears to them that such a question arises or may arise.

(4)The notice shall specify a period of not less than one month for the treasurer to give the Commission an explanation of the statement of accounts or prepare a revised statement.

(5)If at the end of the specified period, or such longer period as the Commission may allow, it appears to the Commission—

(a)that no satisfactory explanation of the statement of accounts has been given, and

(b)that the statement has not been revised so as to comply with the prescribed requirements,

they may, if they think fit, make an application to the court under subsection (6).

(6)The Commission may under this subsection make an application to the court—

(a)for a declaration or declarator that the statement of accounts does not comply with the prescribed requirements, and

(b)for an order requiring the treasurer of the party to prepare a revised statement of accounts.

(7)If the court orders the preparation of revised accounts, it may—

(a)give such directions as it thinks fit;

(b)order that all or part of the costs (or in Scotland expenses) of and incidental to the application are to be borne by the registered leader and the treasurer of the party.

(8)Where the court makes an order under paragraph (b) of subsection (7) it shall have regard to whether the officers mentioned in that paragraph knew or ought to have known that the statement did not comply with the prescribed requirements, and it may—

(a)order the payment of different amounts by different officers;

(b)exclude one of the officers from the order; or

(c)exclude both officers from the order and instead order the payment of all or part of the costs (or expenses) mentioned in that paragraph out of the funds of the party.

(9)The Commission may by regulations make provision with respect to the application of provisions of this Part in relation to the preparation and auditing of revised statements of accounts, and their delivery to the Commission, and may in particular make provision—

(a)for any matter for which provision may be made by regulations under section 43(6);

(b)for disapplying, to such extent or in such circumstances (or both) as regulations under this subsection may specify, any of the provisions of section 47(1).

(10)Section 46 applies in relation to any revised statement of accounts received by the Commission in accordance with regulations under subsection (9) as it applies in relation to any statement of accounts received by them under section 45.

(11)The provisions of this section apply equally to statements of accounts that have already been revised, in which case the references to revised statements of accounts shall be read as references to further revised statements.

(12)In this section “the court”—

(a)in relation to England and Wales or Northern Ireland, means a county court; and

(b)in relation to Scotland, means the sheriff.

[F82(c)in relation to Gibraltar, means the Gibraltar court.]

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Amendments (Textual)

Commencement Information

I32S. 48 wholly in force at 1.1.2002; s. 48 partly in force at Royal Assent, see s. 163(3); s. 48 in force in so far as not already in force at 1.1.2002 by S.I. 2001/3526, art. 3

Parties with accounting unitsE+W+S+N.I.

49 Division of responsibilities in case of party with accounting units.E+W+S+N.I.

Where a registered party is a party with accounting units, sections 41 to 48 have effect in accordance with Schedule 5, which makes provision for securing that—

(a)financial matters relating to the party exclusive of those relating to any accounting unit, and

(b)financial matters relating to any such unit,

are dealt with separately for the purposes of this Part.

Part IVE+W+S+N.I. Control of donations to registered parties and their members etc.

Chapter IE+W+S+N.I. Donations to registered parties

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Modifications etc. (not altering text)

C17Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

50 Donations for purposes of Part IV.E+W+S+N.I.

(1)The following provisions have effect for the purposes of this Part.

(2)Donation”, in relation to a registered party, means (subject to section 52)—

(a)any gift to the party of money or other property;

(b)any sponsorship provided in relation to the party (as defined by section 51);

(c)any subscription or other fee paid for affiliation to, or membership of, the party;

(d)any money spent (otherwise than by or on behalf of the party) in paying any expenses incurred directly or indirectly by the party;

(e)F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the party (including the services of any person).

(3)Where—

(a)any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party of any property, services or facilities or other consideration of monetary value, and

(b)the total value in monetary terms of the consideration so provided by or on behalf of the party is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to subsection (5)) constitute a gift to the party for the purposes of subsection (2)(a).

(4)In determining—

(a)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of subsection (2)(f), whether any property, services or facilities provided for the use or benefit of a registered party is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the party in respect of F85. . . the provision of the property, services or facilities.

(5)Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(b) and by virtue of any other provision of this section, subsection (2)(b) (together with section 51) shall apply in relation to it to the exclusion of the other provision of this section.

(6)Anything given or transferred to any officer, member, trustee or agent of a registered party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the party (and references to donations received by a party accordingly include donations so given or transferred).

(7)Except so far as a contrary intention appears, references to a registered party in the context of—

(a)the making of donations to, or the receipt or acceptance of donations by, a registered party, or

(b)any provision having effect for or in connection with determining what constitutes a donation to such a party,

shall, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.

(8)In this section—

(a)any reference to anything being given or transferred to a party or any person is a reference to its being so given or transferred either directly or indirectly through any third person;

(b)gift” includes bequest.

(9)Nothing in this Part applies in relation to donations received by a minor party.

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Amendments (Textual)

F83S. 50(2)(e) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(2), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F84S. 50(4)(a) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(3)(a), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F85Words in s. 50(4)(b) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(3)(b), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C20S. 50 modified (1.10.2007 for E.W.S. and 1.11.2007 for N.I.) by Companies Act 2006 (c. 46), ss. 364(4), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

Commencement Information

I33S. 50 wholly in force at 16.2.2001; s. 50 not in force at Royal Assent, see s. 163(2); s. 50 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

51 Sponsorship.E+W+S+N.I.

(1)For the purposes of this Part sponsorship is provided in relation to a registered party if—

(a)any money or other property is transferred to the party or to any person for the benefit of the party, and

(b)the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

(i)to help the party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the party, or

(ii)to secure that to any extent any such expenses are not so incurred.

(2)In subsection (1) “defined expenses” means expenses in connection with—

(a)any conference, meeting or other event organised by or on behalf of the party;

(b)the preparation, production or dissemination of any publication by or on behalf of the party; or

(c)any study or research organised by or on behalf of the party.

(3)The following do not, however, constitute sponsorship by virtue of subsection (1)—

(a)the making of any payment in respect of—

(i)any charge for admission to any conference, meeting or other event, or

(ii)the purchase price of, or any other charge for access to, any publication;

(b)the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication;

and subsection (1) also has effect subject to section 52(3).

(4)The Secretary of State may by order made on the recommendation of the Commission amend subsection (2) or (3).

(5)In this section “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

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Modifications etc. (not altering text)

Commencement Information

I34S. 51 wholly in force at 16.2.2001; s. 51 in force for specified purposes only at Royal Assent, see s. 163(3); s. 51 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

52 Payments, services etc. not to be regarded as donations.E+W+S+N.I.

(1)For the purposes of this Part none of the following shall be regarded as a donation—

(a)F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any grant under section 170 of the M28Criminal Justice and Public Order Act 1994 (security costs at party conferences);

(c)any payment made by or on behalf of the European Parliament for the purpose of assisting members of the Parliament to perform their functions as such members;

(d)the transmission by a broadcaster, free of charge, of a party political broadcast or a referendum campaign broadcast (within the meaning of section 127);

(e)any other facilities provided in pursuance of any right conferred on candidates or a party at an election or a referendum by any enactment;

(f)the provision of assistance by a person appointed under section 9 of the M29Local Government and Housing Act 1989;

(g)the provision by any individual of his own services which he provides voluntarily in his own time and free of charge;

(h)any interest accruing to a registered party in respect of any donation which is dealt with by the party in accordance with section 56(2)(a) or (b).

(2)For the purposes of this Part there shall be disregarded—

(a)any donation which (in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election; and

(b)F87. . . any donation whose value (as determined in accordance with section 53) is not more than [F88£500].

(3)Nothing in section 50 or 51 shall have the result that a payment made in respect of the hire of a stand at a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum rates which the Commission determine to be reasonable for the hire of stands at party conferences as is applicable to the hire of the stand in question.

[F89(4)The reference in subsection (1)(d) to the transmission by a broadcaster of a party political broadcast includes a reference to the transmission by the Gibraltar Broadcasting Corporation of such a broadcast.]

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Amendments (Textual)

F86S. 52(1)(a) omitted (11.9.2006) and repealed (prosp.) by virtue of Electoral Administration Act 2006 (c. 22), ss. 55(2)(a), 74(2), 77(2), Sch. 2; S.I. 2006/1972, art. 3, Sch. para. 16 (subject to art. 4, Sch. 2)

Modifications etc. (not altering text)

Commencement Information

I35S. 52 wholly in force at 16.2.2001; s. 52 not in force at Royal Assent, see s. 163(2); s. 52 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

53 Value of donations.E+W+S+N.I.

(1)The value of any donation falling within section 50(2)(a) (other than money) shall be taken to be the market value of the property in question.

(2)Where, however, section 50(2)(a) applies by virtue of section 50(3), the value of the donation shall be taken to be the difference between—

(a)the value of the money, or the market value of the property, in question, and

(b)the total value in monetary terms of the consideration provided by or on behalf of the party.

(3)The value of any donation falling within section 50(2)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in section 51(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

(4)The value of any donation falling within [F90section 50(2)(f)] shall be taken to be the amount representing the difference between—

(a)the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the party in respect of F91. . . the provision of the property, services or facilities if—

(i)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the property, services or facilities had been provided,

on commercial terms, and

(b)the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the party.

(5)Subsection (6) applies where a donation such as is mentioned in subsection (3) confers an enduring benefit on the party during the whole or part of—

(a)any period for which a report is to be prepared under this Part, or

(b)two or more such periods.

(6)In such a case, the amount to be recorded in any such report shall be so much of the total value of the donation (as determined in accordance with subsection (3)) as accrues during the whole or part of the period to which the report relates.

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Amendments (Textual)

F90Words in s. 53(4) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 146(2); S.I. 2006/1972, art. 3, Sch. 1 para. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F91Words in s. 53(4)(a) and s. 53(4)(a)(i) and following word repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 146(3), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, arts. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C24S. 53 applied (1.10.2007 for E.W.S. for certain purposes, 1.11.2007 for N.I. and 1.10.2008 otherwise) by Companies Act 2006 (c. 46), ss. 364(2)(b)(3)(b), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1), 5(e) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

C25S. 53 modified (1.10.2007 for E.W.S. and 1.11.2007 for N.I.) by Companies Act 2006 (c. 46), ss. 364(4), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

Commencement Information

I36S. 53 wholly in force at 16.2.2001; s. 53 not in force at Royal Assent, see s. 163(2); s. 53 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Chapter IIE+W+S+N.I. Restrictions on donations to registered parties

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Modifications etc. (not altering text)

C26Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

Permissible donationsE+W+S+N.I.

54 Permissible donors.E+W+S+N.I.

(1)A donation received by a registered party must not be accepted by the party if—

(a)the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or

(b)the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.

(2)For the purposes of this Part the following are permissible donors—

(a)an individual registered in an electoral register;

(b)a company—

(i)[F92registered under the Companies Act 2006], and

(ii)incorporated within the United Kingdom or another member State,

which carries on business in the United Kingdom;

(c)a registered party[F93, other than a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region];

(d)a trade union entered in the list kept under the M30Trade Union and Labour Relations (Consolidation) Act 1992 or the M31Industrial Relations (Northern Ireland) Order 1992;

(e)a building society (within the meaning of the M32Building Societies Act 1986);

(f)a limited liability partnership registered under the M33Limited Liability Partnerships Act 2000 F94. . . which carries on business in the United Kingdom;

(g)a friendly society registered under the M34Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the M35Industrial and Provident Societies Act 1965 or the M36Industrial and Provident Societies Act (Northern Ireland) 1969; and

(h)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.

[F95(2A)As respects a registered party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region, the following are also permissible donors for the purposes of this Part—

(a)a Gibraltar elector;

(b)a company—

(i)registered under the Companies [F96Act]; and

(ii)incorporated within Gibraltar, the United Kingdom or another member State, which carries on business in Gibraltar;

(c)a Gibraltar party whose entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region;

(d)a trade union within the meaning of the Trade Union and Trade Disputes [F97Act];

(e)a building society within the meaning of the Banking (Extension to Building Societies) [F98Act];

(f)a limited liability partnership registered under the Limited Partnerships Ordinance, which carries on business in Gibraltar; and

(g)any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in Gibraltar and whose main office is there,

but, in the case of a party other than a Gibraltar party, only where the donation is received by the party within the period of four months ending with the date of the poll for an election to the European Parliament in the combined region.]

(3)In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, registered in an electoral register.

[F99(3A)In relation to a donation in the form of a bequest subsection (2A)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, a Gibraltar elector.]

(4)Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a registered party by way of a donation—

(a)on behalf of himself and one or more other persons, or

(b)on behalf of two or more other persons,

then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than [F100£500] shall be treated as if it were a separate donation received from that person.

(5)In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the party, the party is given—

(a)(except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 2 [F101or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation; and

(b)(in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.

(6)Where—

(a)any person (“the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person (“the donor”), and

(b)the amount of that donation is more than [F102£500] ,

the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 [F101or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation.

(7)A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).

(8)In this section “electoral register” means any of the following—

(a)a register of parliamentary or local government electors maintained under section 9 of the Representation of the M37People Act 1983;

(b)a register of relevant citizens of the European Union prepared under [F103the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001]; or

(c)a register of peers prepared under regulations under section 3 of the Representation of the M38People Act 1985.

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Amendments (Textual)

F100Sum in s. 54(4)(b) substituted (1.1.2010) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F101Words in s. 54(5)(a)(6) inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501, art. 6, Sch. 2 para. 2

F103Words in s. 54(8)(b) substituted (9.4.2001) by S.I. 2001/1184, reg. 11(b)

Modifications etc. (not altering text)

Commencement Information

I37S. 54 wholly in force at 16.2.2001; s. 54 not in force at Royal Assent, see s. 163(2); s. 54 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

Prospective

[F10454ADeclaration as to source of donationE+W+S+N.I.

(1)Where a person (P) causes an amount exceeding £7,500 to be received by a registered party by way of a donation, a written declaration must be given to the party—

(a)by P, if P is an individual, or

(b)if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not subsection (2) applies to the donation.

(2)This subsection applies to the donation if—

(a)a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b)the money, or the value of the benefit, is more than £7,500.

(3)Where a declaration under this section contains a statement to the effect that subsection (2) applies to the donation, it must also—

(a)state whether or not, in the opinion of the person making the declaration—

(i)subsection (4) of section 54 applies to the donation;

(ii)subsection (6) of that section applies to it;

(b)if the person's opinion is that neither of those subsections applies to the donation, give the person's reasons for that opinion.

(4)A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (1)(b) applies—

(a)state that the person is authorised by P to make the declaration;

(b)describe the person's role or position in relation to P.

(5)A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(6)Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of subsection (2).]

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Amendments (Textual)

Prospective

[F10554BDeclaration as to whether residence etc condition satisfiedE+W+S+N.I.

(1)An individual making to a registered party a donation in relation to which the condition set out in section 54(2ZA) applies must give to the party a written declaration stating whether or not the individual satisfies that condition.

(2)A declaration under this section must also state the individual's full name and address.

(3)A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(4)The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.

(5)The requirement in subsection (1) does not apply where, by reason of section 71B(1)(a), the individual by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.]

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Amendments (Textual)

55 Payments etc. which are (or are not) to be treated as donations by permissible donors.E+W+S+N.I.

(1)The following provisions have effect for the purposes of this Part.

(2)Any payment out of public funds received by a registered party shall (subject to [F106section 52(1)(b)]) be regarded as a donation received by the party from a permissible donor.

(3)Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that—

(a)the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and

(b)the amount of the donation does not exceed a reasonable amount in respect of such costs.

(4)In subsection (3) “qualifying costs”, in relation to any member or officer of the party, means costs relating to that person in respect of—

(a)travelling between the United Kingdom and the country or territory in question, or

(b)travelling, accommodation or subsistence while within that country or territory.

(5)Any exempt trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor.

[F107(5A)Any exempt Gibraltar trust donation received by a registered party shall be regarded as a donation received by the party from a permissible donor if—

(a)at the time the donation is received by the party, its entry in the register includes a statement that it intends to contest one or more elections to the European Parliament in the combined region; and

(b)in the case of a party other than a Gibraltar party, the donation is received by the party within the period of four months ending with the date of the poll for an election to the European Parliament in the combined region.]

(6)But any donation received by a registered party from a trustee of any property (in his capacity as such) which is not—

(a)an exempt trust donation, or

[F108(aa)an exempt Gibraltar trust donation regarded by virtue of subsection (5A) as received from a permissible donor, or.]

(b)a donation transmitted by the trustee to the party on behalf of beneficiaries under the trust who are—

(i)persons who at the time of its receipt by the party are permissible donors, or

(ii)the members of an unincorporated association which at that time is a permissible donor,

shall be regarded as a donation received by the party from a person who is not a permissible donor.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I38S. 55 wholly in force at 16.2.2001; s. 55 not in force at Royal Assent, see s. 163(2); s. 55 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

56 Acceptance or return of donations: general.E+W+S+N.I.

(1)Where—

(a)a donation is received by a registered party, and

(b)it is not immediately decided that the party should (for whatever reason) refuse the donation,

all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, and (if that appears to be the case) all such details in respect of him as are required by virtue of paragraph 2 [F109or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation.

(2)If a registered party receives a donation which it is prohibited from accepting by virtue of section 54(1), or which it is decided that the party should for any other reason refuse, then—

(a)unless the donation falls within section 54(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf,

(b)if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,

within the period of 30 days beginning with the date when the donation is received by the party.

(3)Where—

(a)subsection (2)(a) applies in relation to a donation, and

(b)the donation is not dealt with in accordance with that provision,

the party and the treasurer of the party are each guilty of an offence.

[F110(3A)Where a party or its treasurer is charged with an offence under subsection (3), it shall be a defence to prove that—

(a)all reasonable steps were taken by or on behalf of the party to verify (or ascertain) whether the donor was a permissible donor, and

(b)as a result, the treasurer believed the donor to be a permissible donor.]

(4)Where—

(a)subsection (2)(b) applies in relation to a donation, and

(b)the donation is not dealt with in accordance with that provision,

the treasurer of the party is guilty of an offence.

(5)For the purposes of this Part a donation received by a registered party shall be taken to have been accepted by the party unless—

(a)the steps mentioned in paragraph (a) or (b) of subsection (2) are taken in relation to the donation within the period of 30 days mentioned in that subsection; and

(b)a record can be produced of the receipt of the donation and—

(i)of the return of the donation, or the equivalent amount, as mentioned in subsection (2)(a), or

(ii)of the required steps being taken in relation to the donation as mentioned in subsection (2)(b),

as the case may be.

(6)Where a donation is received by a registered party in the form of an amount paid into any account held by the party with a financial institution, it shall be taken for the purposes of this Part to have been received by the party at the time when the party is notified in the usual way of the payment into the account.

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Amendments (Textual)

Modifications etc. (not altering text)

C31Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C32Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

Commencement Information

I39S. 56 wholly in force at 16.2.2001; s. 56 not in force at Royal Assent, see s. 163(2); s. 56 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

57 Return of donations where donor unidentifiable.E+W+S+N.I.

(1)For the purposes of section 56(2)(b) the required steps are as follows—

(a)if the donation mentioned in that provision was transmitted by a person other than the donor, and the identity of that person is apparent, to return the donation to that person;

(b)if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution; and

(c)in any other case, to send the donation to the Commission.

(2)In subsection (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body.

(3)Any amount sent to the Commission in pursuance of subsection (1)(c) shall be paid by them into the Consolidated Fund.

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Modifications etc. (not altering text)

C36Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C37Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

Commencement Information

I40S. 57 wholly in force at 16.2.2001; s. 57 not in force at Royal Assent, see s. 163(2); s. 57 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

[F11157AAdditional limit on Gibraltar donations to UK partiesE+W+S+N.I.

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

Forfeiture of certain donationsE+W+S+N.I.

58 Forfeiture of donations made by impermissible or unidentifiable donors.E+W+S+N.I.

(1)This section applies to any donation received by a registered party—

(a)which, by virtue of section 54(1)(a) or (b), the party are prohibited from accepting, but

(b)which has been accepted by the party.

(2)The court may, on an application made by the Commission, order the forfeiture by the party of an amount equal to the value of the donation.

(3)The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings.

(4)An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

(5)In this section “the court” means—

(a)in relation to England and Wales, a magistrates’ court;

(b)in relation to Scotland, the sheriff; and

(c)in relation to Northern Ireland, a court of summary jurisdiction;

[F113(d)in relation to Gibraltar, the Gibraltar court;]

and proceedings on an application under this section to the sheriff shall be civil proceedings.

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Amendments (Textual)

Modifications etc. (not altering text)

C41Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C42Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

Commencement Information

I41S. 58 wholly in force at 16.2.2001; s. 58 not in force at Royal Assent, see s. 163(2); s. 58 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

59 Appeal against order under section 58.E+W+S+N.I.

(1)Subsection (2) applies where an order (“the forfeiture order”) is made under section 58 by a magistrates’ court or a court of summary jurisdiction in Northern Ireland.

(2)The registered party may, before the end of the period of 30 days beginning with the date on which the forfeiture order is made, appeal to the Crown Court or, in Northern Ireland, to a county court.

[F114(2A)In the application of subsections (1) and (2) to Gibraltar, the references to a magistrates' court and the Crown court shall have effect as if they were references to the Gibraltar court.]

(3)An appeal under subsection (2) shall be by way of a rehearing; and the court hearing such an appeal may make such order as it considers appropriate.

(4)Subsections (3) and (4) of section 58 apply in relation to a rehearing on an appeal under subsection (2) as they apply in relation to proceedings under that section.

(5)Where an order is made under section 58 by the sheriff, the registered party may appeal against the order to the Court of Session.

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Amendments (Textual)

Modifications etc. (not altering text)

C46Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1))

C47Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

Commencement Information

I42S. 59 wholly in force at 16.2.2001; s. 59 not in force at Royal Assent, see s. 163(2); s. 59 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

60 Supplementary provisions about orders under section 58.E+W+S+N.I.

(1)[F115In relation to courts in any part of the United Kingdom, provision] may be made by rules of court—

(a)with respect to applications or appeals to any court under section 58 or 59,

(b)for the giving of notice of such applications or appeals to persons affected,

(c)for the joinder, or in Scotland sisting, of such persons as parties,

and generally with respect to the procedure under those sections before any court.

(2)Subsection (1) is without prejudice to the generality of any existing power to make rules.

(3)Any amount forfeited by an order under section 58 or 59 shall be paid into the Consolidated Fund.

(4)Subsection (3) does not apply—

(a)where an appeal is made under section 59(2) or (5), before the appeal is determined or otherwise disposed of; and

(b)in any other case—

(i)where the forfeiture was ordered by a magistrates’ court or a court of summary jurisdiction in Northern Ireland [F116or the Gibraltar court], before the end of the period of 30 days mentioned in section 59(2); or

(ii)where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 59(5) must be made.

(5)In the case of a registered party which is not a body corporate—

(a)proceedings under section 58 or 59 shall be brought against or by the party in its own name (and not in that of any of its members);

(b)for the purposes of any such proceedings any rules of court relating to the service of documents apply as if the party were a body corporate; and

(c)any amount forfeited by an order under section 58 or 59 shall be paid out of the funds of the party.

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Amendments (Textual)

Modifications etc. (not altering text)

C51Ss. 56-60 applied (with modifications) by 1983 c. 2, Sch. 2A para. 7 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), 163(2)-(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1)

C52Ss. 56-60 applied (with modifications) (E.W.S. and Gibraltar) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 42(4), Sch. 6 para. 7(1) (with regs. 3-5)

Commencement Information

I43S. 60 wholly in force at 16.2.2001; s. 60 not in force at Royal Assent, see s. 163(2); s. 60 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Evasion of restrictions on donationsE+W+S+N.I.

61 Offences concerned with evasion of restrictions on donations.E+W+S+N.I.

(1)A person commits an offence if he—

(a)knowingly enters into, or

(b)knowingly does any act in furtherance of,

any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a registered party by any person or body other than a permissible donor.

(2)A person commits an offence if—

(a)he knowingly gives the treasurer of a registered party any information relating to—

(i)the amount of any donation made to the party, or

(ii)the person or body making such a donation,

which is false in a material particular; or

(b)with intent to deceive, he withholds from the treasurer of a registered party any material information relating to a matter within paragraph (a)(i) or (ii).

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Modifications etc. (not altering text)

C56S. 61 applied (with modifications) by 1983 c. 2, Sch. 2A para. 9 (as inserted (1.7.2001) by 2000 c. 41, ss. 130(3)(4), Sch. 16 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 (with Sch. 2 Pt. II para. 1)

Commencement Information

I44S. 61 wholly in force at 16.2.2001; s. 61 not in force at Royal Assent, see s. 163(2); s. 61 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Chapter IIIE+W+S+N.I. Reporting of donations to registered parties

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Modifications etc. (not altering text)

C61Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

Reports to be made by registered partiesE+W+S+N.I.

62 Quarterly donation reports.E+W+S+N.I.

(1)The treasurer of a registered party shall, in the case of each year, prepare a report under this subsection in respect of each of the following periods—

(a)January to March;

(b)April to June;

(c)July to September;

(d)October to December.

(2)In this section—

  • donation report” means a report prepared under subsection (1);

  • reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (d) of that subsection to which the report relates.

(3)The donation reports for any year shall, in the case of each permissible donor from whom any donation is accepted by the party during that year, comply with the following provisions of this section so far as they require any such donation to be recorded in a donation report; and in those provisions any such donation is referred to, in relation to the donor and that year, as a “relevant donation”.

[F117(3A)Relevant benefit”, in relation to any person and any year, means—

(a)a relevant donation accepted by the party from that person as a donor, or

(b)a relevant transaction within the meaning of section 71M(3) entered into by the party and that person as a participant,

and a relevant benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction).]

(4)Where no previous relevant [F118benefit or benefits] has or have been required to be recorded under this subsection [F119or section 71M(4)], a relevant donation must be recorded—

(a)if it is a donation of more than [F120£7,500] , or

(b)if, when it is added to any other relevant [F118benefit or benefits] , the aggregate amount of the [F121benefits] is more than [F120£7,500].

(5)A donation to which subsection (4) applies must—

(a)(if within paragraph (a) of that subsection) be recorded in the donation report for the reporting period in which it is accepted, or

(b)(if within paragraph (b) of that subsection) be recorded ([F122together with any other relevant donation or donations included in] the aggregate amount mentioned in that paragraph) in the donation report for the reporting period in which the [F123benefit] which causes that aggregate amount to be more than [F120£7,500][F124accrues].

(6)Where any previous relevant [F125benefit or benefits] has or have been required to be recorded under subsection (4) [F126or section 71M(4)], a relevant donation must be recorded at the point when there has or have been accepted—

(a)since the [F125benefit or benefits] required to be recorded under [F127that provision], or

(b)if any relevant [F125benefit or benefits] has or have previously been required to be recorded under this subsection [F128or section 71M(6)] , since the [F125benefit or benefits] last required to be so recorded,

[F129any relevant donation falling within subsection (6A)].

[F130(6A)A relevant donation falls within this subsection—

(a)if it is a donation of more than [F131£1,500] , or

(b)if, when it is added to any other relevant benefit or benefits accruing since the time mentioned in subsection (6)(a) or (b), the aggregate amount of the benefits is more than [F131£1,500].]

(7)A donation to which subsection (6) applies on any occasion must—

(a)if it is the only [F132benefit] required to be recorded on that occasion, be recorded in the donation report for the reporting period in which it is accepted, or

(b)in any other case be recorded ([F133together with any other relevant donation or donations included in] the aggregate amount mentioned in [F134subsection (6A)]) in the donation report for the reporting period in which the [F135benefit] which causes that aggregate amount to be more than [F131£1,500][F136accrues].

(8)For the purposes of subsections (4) to (7) as they apply in relation to any year—

(a)each payment to which section 55(2) applies and which is accepted by the party during that year shall be treated as a relevant donation in relation to that year, and

(b)each payment to which section 55(3) applies and which is received from a particular donor and accepted by the party during that year shall be treated as a relevant donation in relation to the donor and that year;

and the donation reports for the year shall accordingly comply with subsections (4) to (7) so far as they operate, by virtue of paragraph (a) or (b) above, to require any relevant donation falling within that paragraph to be recorded in a donation report.

(9)A donation report must also record every donation falling within section 54(1)(a) or (b) and dealt with during the reporting period in accordance with section 56(2).

(10)If during any reporting period—

(a)no donations have been accepted by the party which, by virtue of the preceding provisions of this section, are required to be recorded in the donation report for that period, and

(b)no donations have been dealt with as mentioned in subsection (9),

the report shall contain a statement to that effect.

(11)Where a registered party is a party with accounting units, subsections (3) to (10) shall apply separately in relation to the central organisation of the party and each of its accounting units—

(a)as if any reference to the party were a reference to the central organisation or (as the case may be) to such an accounting unit; but

(b)with the substitution, in relation to such an accounting unit, of [F131£1,500 ”] for “ [F120£7,500]” in each place where it occurs in subsections (4) and (5).

(12)However, for the purposes of subsections (3) to (7) in their application in relation to the central organisation and any year by virtue of subsection (11), any donation—

(a)which is accepted from a permissible donor by any of the accounting units during that year, but

(b)which is not required to be recorded under subsection (4) or (6) (as they apply by virtue of subsection (11)) as a donation accepted by the accounting unit,

shall be treated as a donation accepted from the donor during that year by the central organisation.

(13)Schedule 6 has effect with respect to the information to be given in donation reports.

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Amendments (Textual)

F117S. 62(3A) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(2); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F118Words in s. 62(4) substituted (11.9.2006 for E.W.S for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(3)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F119Words in s. 62(4) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(3)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F120Sums in s. 62(4)(a)(b)(5)(b)(11)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(3), 43; S.I. 2009/3084, art. 4(h)

F121Words in s. 62(4)(b) substituted (11.9.2006 for E.W.S for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(3)(c); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F122Words in s. 62(5)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(4)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F123Word in s. 62(5)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(4)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F124Words in s. 62(5)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(4)(c); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F125Words in s. 62(6) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para 148(5)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F126Words in s. 62(6) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(5)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F127Words in s. 62(6)(a) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(5)(c); S.I. 2006/1972, art. 3, Sch. 1 para. 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F128Words in s. 62(6)(b) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(5)(d); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F129Words in s. 62(6) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(5)(e); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F130S. 62(6A) inserted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(6); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F131Sums in s. 62(6A)(a)(b)(7)(b)(11)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(2), 43; S.I. 2009/3084, art. 4(h)

F132Word in s. 62(7)(a) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(7); S.I. 2006/1972, art. 3, Sch. 1 para. 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F133Words in s. 62(7)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(8)(a); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F134Words in s. 62(7)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(8)(b); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F135Word in s. 62(7)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(8)(c); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F136Words in s. 62(7)(b) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 148(8)(d); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

Commencement Information

I45S. 62 wholly in force at 16.2.2001; s. 62 not in force at Royal Assent, see s. 163(2); s. 62 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

[F13762AExemption from requirement to prepare quarterly reportsE+W+S+N.I.

(1)This section applies if each of four consecutive donation reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 62 contains—

(a)in the case of a party without accounting units, a statement under subsection (10) of that section, or

(b)in the case of a party with accounting units, statements under subsection (10) of that section in relation to the central organisation of the party and each of its accounting units.

(2)The treasurer is not required to prepare any further donation reports in pursuance of subsection (1) of that section until a recordable donation—

(a)is accepted by the registered party, or

(b)is dealt with by the registered party in accordance with section 56(2).

(3)A recordable donation is a donation which is required to be recorded by virtue of any of subsections (4) to (9) of section 62 (including those subsections as applied by subsection (11) of that section).

(4)If a recordable donation is accepted or (as the case may be) dealt with in accordance with section 56(2), nothing in this section affects the operation of section 62 in relation to—

(a)the reporting period in which the recordable donation is so accepted or dealt with, or

(b)any subsequent reporting period which falls before the time (if any) when this section again applies in relation to the party.

(5)In this section, “donation report” and “reporting period” have the same meaning as in section 62.]

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Amendments (Textual)

F137S. 62A inserted (11.9.2006 with application as mentioned in s. 56(2) of the amending Act) by Electoral Administration Act 2006 (c. 22), ss. 56(1), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 17 (subject to art. 4, Sch. 2)

63 Weekly donation reports during general election periods.E+W+S+N.I.

(1)Subject to section 64, the treasurer of a registered party shall, in the case of any general election period, prepare a report under this section in respect of each of the following periods—

(a)the period of seven days beginning with the first day of the general election period;

(b)each succeeding period of seven days falling within the general election period; and

(c)any final period of less than seven days falling within that period.

(2)In this section—

  • weekly report” means a report prepared under subsection (1);

  • reporting period”, in relation to such a report, means the period mentioned in any of paragraphs (a) to (c) of that subsection to which the report relates.

(3)The weekly report for any reporting period shall record each donation of more than [F138£7,500] received during that period—

(a)by the party (if it is not a party with accounting units); or

(b)by the central organisation of the party (if it is a party with accounting units).

(4)If during any reporting period no donations falling within subsection (3) have been received as mentioned in that subsection, the weekly report for that period shall contain a statement to that effect.

(5)Schedule 6 has effect with respect to the information to be given in weekly reports.

(6)In this section and section 64 “general election period” means the period—

(a)beginning with the date on which Her Majesty’s intention to dissolve Parliament is announced in connection with a forthcoming parliamentary general election, and

(b)ending with the date of the poll.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I46S. 63 wholly in force at 16.2.2001; s. 63 not in force at Royal Assent, see s. 163(2); s. 63 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

64 Exemptions from section 63.E+W+S+N.I.

(1)Section 63(1) shall not apply in relation to a registered party in respect of a general election period if the party has made an exemption declaration which covers the general election in question.

(2)A registered party shall be taken to have made an exemption declaration which covers a particular general election if a declaration that the party does not intend to have any candidates at that election—

(a)is signed by the responsible officers of the party; and

(b)is sent to the Commission within the period of seven days beginning with the date mentioned in section 63(6)(a).

(3)A registered party shall also be taken to have made an exemption declaration which covers a particular general election if the party’s application for registration was accompanied by a declaration that the party was not intending to have candidates at parliamentary elections and either—

(a)the poll for the general election in question takes place within the period of twelve months beginning with the date of its registration; or

(b)the declaration has been confirmed in the party’s most recent notification given to the Commission under section 32 and the poll for the general election in question takes place within the period of twelve months beginning with the date when that notification was so given.

(4)An exemption declaration shall, however, not cover a particular general election if the party in question withdraws its declaration by a notice—

(a)signed by the responsible officers of the party, and

(b)sent to the Commission,

before the beginning of the general election period.

(5)Where—

(a)a registered party has made an exemption declaration which (apart from this subsection) would cover a particular general election, but

(b)the party has one or more candidates at that election,

the exemption declaration shall be treated as if it had been withdrawn at the beginning of the general election period (and the requirements of section 63 shall accordingly apply retrospectively as from the beginning of that period).

(6)Subsection (3) shall apply to a party registered immediately before the date on which this section comes into force as if it referred to a declaration in the terms mentioned in that subsection having been—

(a)signed by the responsible officers of the party, and

(b)sent to the Commission within the period of six weeks beginning with that date.

(7)For the purposes of this section “the responsible officers” are—

(a)the registered leader;

(b)the registered nominating officer; and

(c)where the leader and the nominating officer are the same person, any other registered officer.

(8)If any responsible officer is unable to sign a declaration or notice for the purposes of any provision of this section—

(a)the holder of some other office in the party may sign in his place, and

(b)the declaration or notice must include a statement of the reason why the responsible officer is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.

(9)For the purposes of this section and section 65 a registered party shall be taken to have a candidate at a general election if any statement published, in connection with the election, under rule 14 of the rules set out in Schedule 1 to the Representation of the M39People Act 1983 (parliamentary election rules) contains the name of a candidate standing in the name of the party.

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Modifications etc. (not altering text)

Commencement Information

I47S. 64 wholly in force at 16.2.2001; s. 64 not in force at Royal Assent, see s. 163(2); s. 64 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

65 Submission of donation reports to Commission.E+W+S+N.I.

(1)A donation report under section 62 shall be delivered to the Commission by the treasurer of the party in question within the period of 30 days beginning with the end of the reporting period to which it relates.

(2)A donation report under section 63 shall be delivered to the Commission by the treasurer of the party in question—

(a)within the period of 7 days beginning with the end of the reporting period to which it relates; or

(b)(if that is not possible in the case of any party to which section 63(1) applies by virtue of section 64(5)) within the period of 7 days beginning with the first day on which the party has a candidate at the election in question.

[F139(2A)If a donation report under section 62 or 63 states that the registered party has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), the report must be accompanied by a copy of the evidence.]

(3)The treasurer of a registered party commits an offence [F140, without reasonable excuse,] if he fails to comply with the requirements of subsection (1) or (2) in relation to a donation report.

(4)The treasurer of a registered party also commits an offence if [F141, without reasonable excuse,] he delivers a donation report to the Commission which does not comply with any requirements of this Part as regards the recording of donations in such a report.

(5)F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any donation to a registered party was attributable to an intention on the part of any person to conceal the existence or true amount of the donation, the court may order the forfeiture by the party of an amount equal to the value of the donation.

(7)The following provisions, namely—

(a)subsections (3) to (5) of section 58, and

(b)sections 59 and 60,

shall apply for the purposes, or in connection with the operation, of subsection (6) above as they apply for the purposes, or in connection with the operation, of section 58.

(8)Section 64(9) applies for the purposes of this section.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I48S. 65 wholly in force at 16.2.2001; s. 65 not in force at Royal Assent, see s. 163(2); s. 65 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

66 Declaration by treasurer in donation report.E+W+S+N.I.

(1)Each donation report under section 62 or 63 must, when delivered to the Commission, be accompanied by a declaration made by the treasurer which complies with subsection (2), (3) or (4).

(2)In the case of a report under section 62 (other than one making a nil return), the declaration must state that, to the best of the treasurer’s knowledge and belief—

(a)all the donations recorded in the report as having been accepted by the party are from permissible donors, and

(b)during the reporting period—

(i)no other donations required to be recorded in the report have been accepted by the party, and

(ii)no donation from any person or body other than a permissible donor has been accepted by the party.

(3)For the purposes of subsection (2) a return under section 62 makes a nil return if it contains such a statement as is mentioned in subsection (10) of that section; and in the case of such a report the declaration must state that, to the best of the treasurer’s knowledge and belief—

(a)that statement is accurate; and

(b)during the reporting period no donation from any person or body other than a permissible donor has been accepted by the party.

(4)In the case of a report under section 63, the declaration must state that, to the best of the treasurer’s knowledge and belief, no donations have been received by the party, or (if section 63(3)(b) applies) by its central organisation, during the reporting period which—

(a)are required to be recorded in the report, but

(b)are not so recorded.

(5)A person commits an offence if he knowingly or recklessly makes a false declaration under this section.

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Modifications etc. (not altering text)

Commencement Information

I49S. 66 wholly in force at 16.2.2001; s. 66 not in force at Royal Assent, see s. 163(2); s. 66 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Extension of reporting requirementsE+W+S+N.I.

67 Weekly donation reports in connection with elections other than general elections.E+W+S+N.I.

(1)The Secretary of State may, after consulting the Commission and all registered parties, by order make provision for—

(a)sections 63 and 64, together with Schedule 6,

(b)sections 65 and 66, and

(c)section 147 so far as applying in relation to section 65(1) or (2),

to apply in relation to the specified election period in the case of one or more relevant elections with such modifications as are specified in the order.

(2)In this section—

(a)specified election period”, in relation to a relevant election, means such period ending with the date of the poll for the election as may be specified in an order under subsection (1);

(b)relevant election” means—

(i)an election to the European Parliament;

(ii)an election to the Scottish Parliament;

(iii)an election to the National Assembly for Wales; or

(iv)an election to the Northern Ireland Assembly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I50S. 67 wholly in force at 16.2.2001; s. 67 in force for specified purposes at Royal Assent, see s. 163(3); s. 67 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Reports to be made by donorsE+W+S+N.I.

68 Reporting of multiple small donations.E+W+S+N.I.

F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Register of donationsE+W+S+N.I.

69 Register of recordable donations.E+W+S+N.I.

(1)The Commission shall maintain a register of all donations reported to them under this Chapter.

(2)The register shall be maintained by the Commission in such form as they may determine and shall contain the following details in the case of each such donation—

(a)the amount or value of the donation;

[F144(aa)whether the donation is in the form of sponsorship (within the meaning of section 51);]

(b)(subject to subsection (4)) such other details as have been given in relation to the donation in pursuance of [F145paragraph 2, 2A, 3, 3A, 6 or 7(a) or (c) of Schedule 6]; and

(c)the relevant date for the donation within the meaning of paragraph 5 of that Schedule, and (in the case of a donation falling within sub-paragraph (2) of that paragraph) the details given in pursuance of that sub-paragraph.

(3)F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The details required by virtue of subsection (2) F147. . . do not include, in the case of any donation by an individual, the donor’s address.

(5)Where any donation or donations is or are reported to the Commission under this Chapter, they shall cause the details mentioned in subsection (2) F147. . . to be entered in the register in respect of the donation or donations as soon as is reasonably practicable.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I51S. 69 wholly in force at 16.2.2001; s. 69 not in force at Royal Assent, see s. 163(2); s. 69 in force at 16.2.2001 by S.I. 2001/222,