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Political Parties, Elections and Referendums Act 2000

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SupplementaryE+W+S+N.I.

156 Orders and regulations.E+W+S+N.I.

(1)Any power of the Secretary of State to make any order or regulations under this Act shall be exercised by statutory instrument.

(2)Subject to subsections (3) and (4), a statutory instrument containing any order or regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Subsection (2) does not apply to—

(a)any order under F1. . . 163(2) or paragraph 14(7) of Schedule 1; or

(b)any order made in pursuance of section 155(2)(a).

(4)Subsection (2) also does not apply to any order under—

(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 51(4),

(c)section 67(1),

[F3(ca)any provision of Chapter 6 of Part 4;]

(d)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(da)section 71F(13),

(db)section 71H(4),

(dc)section 71U(1),]

[F6(dd)any provision of Chapter 2 of Part 4A,]

(e)section 101(4),

(f)section 108(3),

(g)section 109(6),

(h)section 129,

[F7(ha)paragraph 9 of Schedule 6A,]

(i)paragraph 3(4) of Schedule 7,

[F8(ia)paragraph 2(9) or 4(4) of Schedule 7A,]

(j)paragraph 4 of Schedule 8,

(k)paragraph 3(4) of Schedule 11,

(l)paragraph 4 of Schedule 13,

(m)paragraph 2 of Schedule 14, or

(n)paragraph 3(4) of Schedule 15;

and no such order shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)Any order or regulations made by the Secretary of State under this Act may—

(a)contain such consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(6)Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 19(9)).

(7)Paragraphs 21 to 23 of Schedule 1 contain provisions relating to regulations made by the Commission.

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Amendments (Textual)

F5S. 156(4)(da)-(dc) 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. 61(4)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F7S. 156(4)(ha) 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. 61(4)(b)}, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F8S. 156(4)(ia) 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. 61(7), 77(2), {Sch. 1 para. 100}; S.I. 2006/1972, art. 3, Sch. 1 paras. 20(a), 25(m)(i) (subject to art. 4, Sch. 2) (as amended by 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

157 Documents for purposes of the Act.E+W+S+N.I.

(1)Any application, notice or notification required or authorised to be made or given under this Act must be in writing.

(2)Any document required or authorised to be given or sent under this Act may be sent by post.

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Commencement Information

I1S. 157 wholly in force at 16.2.2001; s. 157 not in force at Royal Assent, see s. 163(2); s. 157 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)

158 Minor and consequential amendments and repeals.E+W+S+N.I.

(1)The minor and consequential amendments specified in Schedule 21 shall have effect.

(2)The enactments specified in Schedule 22 are repealed to the extent specified.

(3)However, none of the repeals—

(a)of provisions of Part II [F9(other than [F10those relating to sections 72, 73, 79, 81, 82, 101 to 105, and 108 and Schedule 3])] or III of the Representation of the M1People Act 1983 (election campaigns and legal proceedings in respect of elections), or

(b)of provisions amending any of those provisions,

have effect in relation to local government elections in Scotland.

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Amendments (Textual)

Commencement Information

I2S. 158 wholly in force at 16.2.2001; s. 158 not in force at Royal Assent, see s. 163(2); s. 158 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

159 Financial provisions.E+W+S+N.I.

(1)There shall be paid out of money provided by Parliament—

(a)any expenses incurred by the Secretary of State in consequence of this Act; and

(b)any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2)There shall be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.

[F11159AFunctions of the Lord ChancellorE+W+S+N.I.

In this Act, except—

(a)sections 9 [F12,18(2) and (4), Chapter 6 of Part 4 and Chapter 2 of Part 4A], and

(b)paragraph 7 of Schedule 9,

“the Secretary of State” means the Secretary of State or the Lord Chancellor.]

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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)

160 General interpretation.E+W+S+N.I.

(1)In this Act—

  • accounting unit” and “party with accounting units” shall be construed in accordance with section 26(11);

  • bequest” includes any form of testamentary disposition;

  • body”, without more, means a body corporate or any combination of persons or other unincorporated association;

  • broadcaster” has the meaning given by section 37(2);

  • business” includes every trade, profession and occupation;

  • central organisation”, in relation to a registered party, shall be construed in accordance with section 26(11);

  • [F13combined region” means the electoral region which includes Gibraltar, namely the South West electoral region;]

  • the Commission” means the Electoral Commission;

  • document” means a document in whatever form it is kept;

  • enactment” includes—

    (a)

    any provision of an Act (including this Act),

    (b)

    any provision of or of any instrument made under Northern Ireland legislation, and

    (c)

    any provision of subordinate legislation (within the meaning of the M2Interpretation Act 1978);

  • [F14exempt Gibraltar trust donation” has the meaning given by section 162;]

  • exempt trust donation” has the meaning given by section 162;

  • functions” includes powers and duties;

  • [F15“Gibraltar court” as respects any purpose, means the court determined by or under the law of Gibraltar to be the court for that purpose;]

  • [F16Gibraltar elector” means an individual—

    (a)

    who is registered in the Gibraltar register, or

    (b)

    if the first version of that register has not been published—

    (i)

    who is registered in the register of electors used for House of Assembly elections, or

    (ii)

    who is resident in Gibraltar, aged 16 or over and is a Commonwealth citizen or a citizen of the European Union (other than a Commonwealth citizen);]

  • [F17Gibraltar party” has the meaning given by section 28(8)(d); and;]

  • [F18Gibraltar register” has the meaning given by section 14 of the European Parliament (Representation) Act 2003]

  • the Great Britain register” and “the Northern Ireland register” mean the registers of political parties referred to in section 23(2)(a) and (b) respectively;

  • local election”, in relation to Northern Ireland, means a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962;

  • local government election” means a local government election within the meaning of section 191, 203 or 204 of the Representation of the M3People Act 1983 or an election under Part II of the Local Government Act 2000 for the return of an elected mayor;

  • market value”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market;

  • minor party” means (in accordance with section 34(1)) a party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d);

  • modifications” includes additions, omissions and amendments, and “modify” shall be construed accordingly;

  • organisation” includes any body corporate and any combination of persons or other unincorporated association;

  • property” includes any description of property, and references to the provision of property accordingly include the supply of goods;

  • qualified auditor” means (subject to subsection (2))

    (a)

    [F19a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006;][F20 or

    (b)

    in the case of a Gibraltar party, a person who is, in accordance with section 6 of the Auditors Approval and Registration Ordinance 1998, eligible for appointment as a company auditor;]

  • record” means a record in whatever form it is kept;

  • registered party” means a party registered under Part II of this Act;

  • treasurer”, in relation to a registered party, means registered treasurer.

(2)A person is not a qualified auditor in relation to any registered party or any other body or individual if he is—

(a)a member of the party or body or the individual himself, or

(b)an officer or employee of the party, body or individual.

  • For this purpose “officer or employee” does not include an auditor.

(3)References in this Act to a person standing for election in the name of a registered party shall be construed in accordance with section 22(6).

(4)References in this Act (in whatever terms) to payments out of public funds are references to any of the following, namely—

(a)payments out of—

(i)the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund [F21, the Welsh Consolidated Fund] or the Consolidated Fund of Northern Ireland, or

(ii)money provided by Parliament or appropriated by Act of the Northern Ireland Assembly;

(b)payments by—

(i)any Minister of the Crown, the Scottish Ministers [F22, the Welsh Ministers] or any Minister within the meaning of the M4Northern Ireland Act 1998,

(ii)any government department (including a Northern Ireland department) [F23, the Welsh Assembly Government] or any part of the Scottish Administration F24. . .

(iii)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)payments by the Scottish Parliamentary Corporate Body [F26, the National Assembly for Wales Commission] or the Northern Ireland Assembly Commission; and

(d)payments by the Electoral Commission;

and references in this Act (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of any such payments.

(5)References in this Act to conditions, in the context of grants being made subject to conditions, include conditions requiring repayment of the grants in specified circumstances.

[F27(6) References in this Act to a named [F28Act] are to the Gibraltar [F28Act] of that name.]

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Amendments (Textual)

F19S. 160(1): in definition of "qualified auditor" para. (a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1), Sch. 1 para. 26 (with arts. 6, 11, 12)

F21Words in s. 160(4)(a)(i) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(a), 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.

F22Words in s. 160(4)(b)(i) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(b)(i), 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.

F23Words in s. 160(4)(b)(ii) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(b)(ii), 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.

F24Word in s. 160(4)(b)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(b)(ii), 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.

F25S. 160(4)(b)(iii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(b)(iii), 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.

F26Words in s. 160(4)(c) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(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.

Marginal Citations

161 Interpretation: donations.E+W+S+N.I.

(1)This section has effect for the purposes of the provisions of this Act relating to donations.

(2)Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description—

(a)the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and

(b)a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.

(3)Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description (“the donee”), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.

(4)The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).

(5)Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(6)For the purposes of this Act it is immaterial whether a donation received by a registered party or a person of any other description is so received in the United Kingdom or elsewhere.

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Commencement Information

I3S. 161 wholly in force at 16.2.2001; s. 161 not in force at Royal Assent, see s. 163(2); s. 161 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)

162 Interpretation: exempt trust donations.E+W+S+N.I.

(1)For the purposes of this Act—

[F29(a)]exempt trust donation” means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5)

[F30(b)exempt Gibraltar trust donation” means a donation to which subsection (3A) applies, other than one falling within subsection (5).]

(2)This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a)which was created before 27th July 1999,

(b)to which no property has been transferred on or after that date, and

(c)whose terms have not been varied on or after that date,

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before that date.

(3)This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a)which was created by—

(i)a person who was a permissible donor falling within section 54(2) at the time when the trust was created, or

(ii)the will of a person falling within section 54(3), and

(b)to which no property has been transferred otherwise than—

(i)by a person who was a permissible donor falling within section 54(2) at the time of the transfer, or

(ii)under the will of a person falling within section 54(3),

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.

[F31(3A)This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a)which was created by—

(i)a person falling within section 54(2A)(a) to (g) at the time when the trust was created, or

(ii)the will of a person falling within section 54(3A), and

(b)to which no property has been transferred other than—

(i)by a person falling within section 54(2A)(a) to (g) at the time of the transfer, or

(ii)under the will of a person falling within section 54(3A),

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.]

(4)For the purposes of [F32subsections (3) and (3A)]the relevant information” means the information which is required by virtue of paragraph 2 of Schedule 6 to be given in respect of a recordable donation to which that subsection applies.

(5)A donation falls within this subsection if it is received from a trustee of any property pursuant to the exercise of any discretion vested by a trust in him or any other person.

(6)In this section—

(a)donation” means a donation for the purposes of the provisions of this Act in which the relevant reference to an exempt trust donation [F33or exempt Gibraltar trust donation] occurs;

(b)property”, in the context of the transfer of property to a trust, does not include any income of the trust;

(c)trust” includes a trust created by a will; and

(d)any reference to a donation received from a trustee is a reference to a donation received from a trustee in his capacity as such, other than a donation transmitted on behalf of a beneficiary under a trust.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I4S. 162 wholly in force at 16.2.2001; s. 162 not in force at Royal Assent, see s. 163(2); s. 162 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 (subject to transitional provisions in Sch. 1 Pt. II)

163 Short title, commencement, transitional provisions and extent.E+W+S+N.I.

(1)This Act may be cited as the Political Parties, Elections and Referendums Act 2000.

(2)Subject to subsections (3) and (4), this Act does not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.

(3)The following provisions come into force on the day on which this Act is passed—

(a)sections 1 to 3 and Schedules 1 and 2,

(b)sections 156, 159 and 160, and paragraph 12(1) and (4) of Schedule 21,

(c)this section, and Part II of Schedule 23, and

(d)any other provision so far as it confers power to make an order or regulations.

(4)The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed—

(a)section 36,

(b)Part I of Schedule 23, and

(c)any provision of Part II of this Act so far as necessary for the purposes of the operation of any provision of Part I of that Schedule.

(5)An order under subsection (2) may contain such transitional provisions and savings (including provisions modifying enactments) as the Secretary of State considers appropriate.

(6)Such an order may, in particular, make provision as respects the operation of any financial limit imposed by any provision of this Act in cases where a period in relation to which any such limit is imposed would otherwise begin at a time before the commencement of that provision of this Act.

(7)The transitional provisions contained in Schedule 23 shall have effect.

(8)Subject to subsections (9) and (10), this Act extends to the whole of the United Kingdom.

(9)Part IX and paragraphs 2 and 3 of Schedule 12 and paragraphs 12 and 13 of Schedule 23 extend to England, Wales and Scotland.

(10)Subject to any express limitation contained in this Act, the extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

[F34(11)The following provisions of this Act extend to Gibraltar—

(a)Part 1 (The Electoral Commission), except sections 9, 12 and 14 to 20;

(b)Part 2 (Registration of Political Parties), except sections 36 and 38;

(c)Part 3 (Accounting requirements for registered parties);

(d)Part 4 (Control of donations to registered parties and their members etc.);

[F35(da)Part 4A (Regulation of Loans and Related Transactions);]

(e)Part 5 (Control of campaign expenditure);

(f)Part 6 (Controls relating to third party national election campaigns); and

(g)Part 10 (Miscellaneous and general), except sections 141, 142, 144 and 158.]

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Subordinate Legislation Made

P1S. 163(2) power partly exercised: 16.2.2001 appointed for specified provisions by S.I. 2001/222, art. 2 (with transitional provisions in Sch. 1 Pt. II); 30.10.2001 appointed for specified provisions by S.I. 2001/3526, art. 2; 1.1.2002 appointed for specified provisions by S.I. 2001/3526, art. 3; 1.4.2002 appointed for specified provisions by S.I. 2001/3526, art. 4; 1.1.2007 appointed for specified provisions by S.I. 2006/3416, art. 3 (subject to art. 5)

Amendments (Textual)

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