Search Legislation

Political Parties, Elections and Referendums Act 2000

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Political Parties, Elections and Referendums Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Political Parties, Elections and Referendums Act 2000

 Help about changes and effects
Close

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:

Section 163.

SCHEDULE 23E+W+S+N.I. Transitional provisions

This schedulenoteType=Explanatory Notes has no associated

Part IE+W+S+N.I. Transfer of registration of existing registered parties

Interpretation of Part IE+W+S+N.I.

1In this Part of this Schedule—E+W+S+N.I.

  • the 1998 Act” means the Registration of Political Parties Act 1998;

  • the appointed day” means the appointed day for the purposes of Part II of this Act;

  • the compliance period” means the period of six weeks beginning with the initial date;

  • emblem”, in relation to a party, means an emblem to be used by the party on ballot papers;

  • the initial date” means the date falling 14 days after the day on which this Act is passed;

  • the new registers” means the Great Britain register and the Northern Ireland register.

Declaration for purposes of section 28E+W+S+N.I.

2(1)This paragraph applies to any party registered under the 1998 Act on the initial date.E+W+S+N.I.

(2)Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 28(2).

(3)In connection with any such declaration, any reference in section 28(2) or (3) to a party’s applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).

(4)Where the party sends the Commission a declaration falling within section 28(2)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party—

(a)such information as would, by virtue of Schedule 1 to the 1998 Act, be required to be provided in connection with an application by the Northern Ireland party to be registered under that Act;

(b)a notification as to whether the party wishes to be registered in the Northern Ireland register under its existing registered name or under that name with an addition permitted by sub-paragraph (5); and

(c)a notification as to whether the party wishes—

(i)any emblem or emblems already registered in respect of it under the 1998 Act to be registered in respect of the Northern Ireland party in that register,

(ii)any emblem or emblems not so registered under the 1998 Act, but shown in the notification, to be registered in respect of the Northern Ireland party in that register (whether in addition to any emblem or emblems falling within sub-paragraph (i) or otherwise).

(5)For the purposes of sub-paragraph (4)(b) any one of the following, namely “Northern Ireland”, “Northern Irish”, “Ulster”, “Ireland” or “Irish” may be added to a party’s existing registered name, at such point as the party may specify in its notification.

(6)For the purposes of sub-paragraph (4)(c) the total number of emblems whose registration may be sought in a notification under that provision is three.

(7)If the party within the compliance period sends to the Commission a declaration that the party does not intend to contest any relevant election on or after the appointed day—

(a)nothing in sub-paragraphs (2) to (6) or in paragraphs 3 to 5 shall have effect in relation to the party; and

(b)the party’s registration under the 1998 Act shall terminate on the appointed day.

(8)References to a party of any description in paragraph 3(1), 4(1) or 5(1) accordingly do not include a party falling within sub-paragraph (7).

Draft scheme for purposes of section 26E+W+S+N.I.

3(1)This paragraph applies to any party registered under the 1998 Act on the initial date.E+W+S+N.I.

(2)The party must within the compliance period send to the Commission—

(a)a copy of the party’s constitution (within the meaning of section 26); and

(b)a draft of the scheme which the party proposes to adopt for the purposes of section 26 if approved by the Commission under that section;

and subsections (2) to (6) of that section shall apply in connection with any such scheme and its approval by the Commission.

(3)The party must also within the compliance period give a notification to the Commission under this sub-paragraph.

(4)A notification under sub-paragraph (3) must—

(a)give the name and home address—

(i)of a person to be registered under Part II of this Act as the party’s treasurer; and

(ii)(if the party is seeking to be so registered as a party with a campaigns officer) of a person to be registered as that officer; and

(b)be signed by the person registered under the 1998 Act as leader or nominating officer of the party and by the proposed registered treasurer mentioned in paragraph (a) and (if paragraph (a)(ii) applies) by the proposed campaigns officer.

(5)Where the party would on registration under Part II of this Act be a party with accounting units, a notification under sub-paragraph (3) must also give in relation to each accounting unit—

(a)the name of the accounting unit and of its treasurer and of an officer of the unit to be registered for the purposes of section 27(3), and

(b)the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.

(6)A notification under sub-paragraph (3) may be signed by the same person in his capacity as registered leader or nominating officer and in his capacity as proposed registered treasurer, but in that case it must be apparent from the notification that he is signing it in both of those capacities.

(7)Where the party sends the Commission a declaration falling within section 28(2)(a), the provisions of sub-paragraphs (2) to (6) shall be read as applying separately in relation to—

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

(b)the party to be registered in the Northern Ireland register.

Registration under Part II of this Act as from appointed dayE+W+S+N.I.

4(1)This paragraph applies where a party registered under the 1998 Act has complied with the provisions of paragraphs 2 and 3 so far as applicable to the party.E+W+S+N.I.

(2)The Commission shall secure that, as from the appointed day, one (or each) of the new registers contains such entry in respect of the party (or the two parties mentioned in paragraph 3(7)) as the Commission consider appropriate to reflect—

(a)the party’s existing entry in the register maintained under the 1998 Act and the date when the party was first registered under that Act;

(b)the declaration sent to the Commission by the party in pursuance of paragraph 2(2);

(c)any information or notification sent to them in pursuance of paragraph 2(4); and

(d)the notification given to them in pursuance of paragraph 3(3).

(3)In connection with the registration in the Northern Ireland register (in accordance with sub-paragraph (2)) of any emblem shown in a notification by a party in pursuance of paragraph 2(4)(c)(ii)—

(a)section 29(2) shall apply (with any necessary modifications) as it applies in connection with the registration of any emblem in pursuance of a request under section 29, but

(b)for this purpose any emblem which on the initial date is registered under the 1998 Act in respect of any other party (except one falling within paragraph 2(7)) shall be treated as if it were already registered in the Northern Ireland register.

(4)As from the appointed day the draft scheme sent to the Commission in pursuance of paragraph 3(2) shall be treated for the purposes of this Act as if it were a scheme approved by the Commission and adopted by the party under section 26 until—

(a)such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or

(b)the end of the period of nine months beginning immediately after the end of the compliance period (or such longer period as the Commission may determine in relation to the party),

whichever is the earlier.

(5)If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)—

(a)the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and

(b)the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 26.

(6)Section 30(1)(e) shall apply in relation to a party registered in accordance with sub-paragraph (2) as if the reference to the time when the party applied for registration were a reference to the appointed day.

Failure to comply with paragraph 2 or 3E+W+S+N.I.

5(1)This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely—E+W+S+N.I.

(a)any declaration required under paragraph 2(2);

(b)any information or notification required under paragraph 2(4);

(c)any document required under paragraph 3(2);

(d)any notification required under paragraph 3(3).

(2)In this paragraph—

(a)the outstanding material” means the thing or things which as mentioned in sub-paragraph (1) was or were not sent or given to the Commission by the end of the compliance period;

(b)the transitional period” means the period of three months beginning immediately after the end of the compliance period;

(c)the protected period” means the period beginning with the appointed day and ending—

(i)at the end of the transitional period, or

(ii)in a case where sub-paragraph (4) applies, on the date determined by the Commission under that sub-paragraph.

(3)During so much of the transitional period as falls before the appointed day, the party shall be treated for all purposes relating to elections or referendums as if it were not registered under the 1998 Act; and on that day the party’s registration under that Act shall terminate without being replaced by any such registration under Part II of this Act as is mentioned in paragraph 4(2).

(4)However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as to require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.

(5)During the protected period sections 28(4) and 29(2) shall have effect as if—

(a)the name of the party registered under the 1998 Act on the initial date and any emblems so registered in respect of it were registered in respect of the party in each of the new registers, and

(b)any such registration in the Great Britain register was in respect of each of England, Scotland and Wales.

(6)In a case where sub-paragraph (4) applies—

(a)section 26(5) and (6) shall apply in connection with the approval of the party’s draft scheme by the Commission; and

(b)paragraph 4(4) and (5) above shall also so apply, except that in paragraph 4(4)(b) the reference to nine months beginning immediately after the end of the compliance period shall be read as a reference to six months beginning immediately after the end of the protected period.

Exercise of functions by person appointed as Commission’s chief executiveE+W+S+N.I.

6In relation to any time when the functions of the Commission with respect to the receipt of documents or information falling to be sent or given to the Commission under this Schedule are being exercised by a person appointed as the Commission’s chief executive under paragraph 11(9) of Schedule 1, references in this Schedule to the Commission, in the context of the sending or giving of such documents or information to them, shall be construed as references to the person so appointed.E+W+S+N.I.

Termination of registration functions of registrar of companiesE+W+S+N.I.

7(1)The registration functions of the registrar under the 1998 Act shall terminate on the initial date.E+W+S+N.I.

(2)Accordingly, as from that date, the registrar shall not—

(a)make any new entry in his register, or

(b)alter or remove any entry already contained in his register,

and no application or notice may be made or given to him under any provision of that Act.

(3)Where an application has been made to the registrar under any such provision before the initial date and the application has not been determined by that date, the registrar shall not take any steps (or, as the case may be, any further steps) on or after that date to deal with the application.

(4)Nothing in section 7 of the 1998 Act shall apply at any time on or after the initial date in relation to a party registered under that Act; and in particular a party’s registration under that Act shall not lapse at any such time by virtue of that section.

(5)The registrar shall provide the Commission with such information and assistance as they reasonably require for the purpose of discharging their duty under paragraph 4(2); and where any information relating to a party registered under the 1998 Act—

(a)is held by the registrar in connection with the registration of the party under that Act, but

(b)is not contained in the party’s entry in his register,

the registrar shall provide the Commission with that information in order that it may be held by them, as from the appointed day, in connection with the registration of the party in one or other of the new registers.

(6)In this paragraph “the registrar” means the registrar of companies (within the meaning of Part II of this Act), and any reference to “his” register is a reference to the register maintained by the registrar under the 1998 Act.

Part IIE+W+S+N.I. Other transitional provisions

Appointment of Electoral CommissionersE+W+S+N.I.

8For the purposes of section 3(2)—E+W+S+N.I.

(a)any agreement to a proposed motion for an Address under section 3(1) which has been signified by the Speaker of the House of Commons before the day on which this Act is passed shall be as effective as if signified on or after that day; and

(b)any consultation with respect to such a motion which has been carried out before that day with such a person as is mentioned in section 3(2)(b) shall be as effective as if carried out on or after that day.

Orders specifying organisations which are not to count as accounting unitsE+W+S+N.I.

9The requirement in section 26(8)(c) for any order under that provision to be made on the recommendation of the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.E+W+S+N.I.

Orders prohibiting use of certain words in parties’ registered namesE+W+S+N.I.

10The requirement in section 28(4)(f) for any order under that provision to be made after consultation with the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.E+W+S+N.I.

Confirmation of registered particularsE+W+S+N.I.

11(1)This paragraph applies to a party which is registered under Part II of this Act at the end of the period of nine months beginning with the appointed day.E+W+S+N.I.

(2)The treasurer of the party shall deliver to the Commission a notification which—

(a)complies with the requirements of section 32(2) and (3) (as modified by sub-paragraphs (3) and (4)), and

(b)is accompanied by any fee prescribed by order made by the Secretary of State,

within the period beginning one month before and ending three months after the first anniversary of the appointed day.

(3)In the application of section 32(2)(a) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the appointed day.

(4)In the application of section 32(3) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the time when the documents required under paragraph 3(2) were sent to the Commission.

(5)If the notification required by virtue of sub-paragraph (2) is not delivered before the end of the period mentioned in that sub-paragraph, the person who was the treasurer of the party immediately before the end of that period shall be guilty of an offence and shall be liable to the same punishment as if he were guilty of an offence under section 47(1)(b).

(6)It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he took all reasonable steps, and exercised all due diligence, to ensure that the notification required by virtue of sub-paragraph (2) would be delivered before the end of the period mentioned in that sub-paragraph.

(7)Any notification delivered under sub-paragraph (2) shall be treated, for the purposes of section 32(4)(b), as a notification given under section 32.

(8)In this paragraph “the appointed day” means the appointed day for the purposes of Part II of this Act.

Control of political donations by companiesE+W+S

12F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
Close

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)

F1Sch. 23 para. 12 repealed (1.10.2007) by Companies Act 2006 (c. 46), ss. 1295, 1300(2), Sch. 16; S.I. 2007/2194, art. 8, Sch. 2 Pt. 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))

Disclosure of political donations and expenditure in directors’ reportE+W+S

13F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
Close

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)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources