Political Parties, Elections and Referendums Act 2000

151 Summary proceedings. U.K.

(1) Summary proceedings for any offence under this Act may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which he is for the time being.

(2) Despite anything in section 127(1) of the M1 Magistrates’ Courts Act 1980, any information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.

(3) Despite anything in section 136 of the M2 Criminal Procedure (Scotland) Act 1995, summary proceedings for such an offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section shall apply for the purposes of this subsection as it applies for the purposes of that section.

(4) Despite anything in Article 19(1) of the M3 Magistrates’ Courts (Northern Ireland) Order 1981, a complaint relating to such an offence which is triable by a court of summary jurisdiction in Northern Ireland may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.

[F1 (4A) Despite anything in [F2 section 158 of the Criminal Procedure and Evidence Act 2011 (as to which see section 160(6) below)] , any information or complaint relating to such an offence which is triable by a magistrates' court in Gibraltar may be so tried if it is laid or made at any time within three years after the commission of the offence and within six months after the relevant date.]

(5) In this section “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.

(6) For the purposes of subsection (5) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.

Textual Amendments

F1 S. 151(4A) 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. 29

F2 Words in s. 151(4A) substituted (8.12.2015) by The European Parliamentary Elections (Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2015 (S.I. 2015/1982), art. 1(2), Sch. para. 6 (with art. 3)

Modifications etc. (not altering text)

C1 S. 151 applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(3); S.I. 2016/69, reg. 2

C2 S. 151 applied (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(3); S.I. 2016/69, reg. 2

C3 S. 151 applied (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 4 para. 21(1)(a); S.I. 2016/290, reg. 2

Commencement Information

I1 S. 151 wholly in force at 16.2.2001; s. 151 not in force at Royal Assent, see s. 163(2); s. 151 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

M1 1980 c. 43.

M2 1995 c. 46.

M3 S.I. 1981/1675 (N.I. 26).