Political Parties and Elections Act 2009 Explanatory Notes

1. Introduction

2. Summary and Background

3. Territorial Extent and Application

4. Commentary on Sections

   1. Part 1: the Electoral Commission

      1. Section 1: Compliance with controls imposed by the 2000 Act etc

      2. Section 2: Investigatory powers of the Commission

      3. Section 3: Civil sanctions

      4. Section 4: Selection of prospective Electoral Commissioners and Commission chairman

      5. Section 5: Four Electoral Commissioners to be put forward by parties

      6. Section 6: Number of Electoral Commissioners

      7. Section 7: Political restrictions on Electoral Commissioners and staff

      8. Section 8: Education about systems of Government and EU institutions

   2. Part 2: Political Donations Etc and Expenditure

      1. Section 9: Declaration as to source of donation

      2. Section 10: Non-resident donors etc

      3. Section 11: Non-resident lenders etc

      4. Section 12: Defence to charge of failing to return donation from impermissible donor

      5. Section 13: “Reasonable excuse” in relation to certain offences under the 2000 Act

      6. Section 14: Control of donations to members associations: responsible persons

      7. Section 15: Control of donations to holders of elective office: compliance officers

      8. Section 16: Control of loans etc to members associations: responsible persons

      9. Section 17: Control of loans etc to holders of elective office: compliance officers

      10. Section 18: Person may not be “responsible person” for more than one third party

      11. Section 19: Reports of gifts received by unincorporated associations making political contributions

      12. Section 20: Increased thresholds in relation to donations etc

      13. Section 21: Limitation of pre-candidacy election expenses for certain general elections

      14. Section 22: Election expenses: guidance by Commission

   3. Part 3: Elections

      1. Section 23: Election falling within canvass period

      2. Section 24: Candidate at parliamentary election may withhold home address from publication

      3. Section 25: Disposal of election documents in Scotland

      4. Section 26: Filling vacant European Parliament seats in Northern Ireland

      5. Section 27: Returning Officers for elections to the European Parliament

   4. Part 4: Electoral Registration

      1. Section 28: Establishment of corporation sole to be CORE keeper

      2. Section 29: Use of CORE information

      3. Section 30: Voluntary provision of identifying information

      4. Section 31: Regulations amending or supplementing section 30

      5. Section 32: Report by Electoral Commission on provision of identifying information

      6. Section 33: Obligatory provision of identifying information

      7. Section 34: Provision supplementing section 33

      8. Section 35: Schemes for provision of data to registration officers

      9. Section 36: Schemes under section 35: proposals, consultation and evaluation

      10. Section 37: Meaning of expressions relating to registration

   5. Part 5: General

      1. Section 38: Meaning of “the 1983 Act” and “the 2000 Act”

      2. Section 39: Amendments and repeals

      3. Section 40: Transitional provision

      4. Section 41: Money

      5. Section 42: Extent

      6. Section 43: Commencement

      7. Section 44: Short title

   6. Schedule 1: Investigatory powers of the Commission: Schedule to be inserted into the 2000 Act

   7. Schedule 2: Civil sanctions: Schedule to be inserted into the 2000 Act

      1. Part 1: Fixed monetary penalties

      2. Part 2: Discretionary requirements

      3. Part 3: Stop notices

      4. Part 4: Enforcement undertakings

      5. Part 5: Power to make supplementary provision etc by order

      6. Part 6: General and supplemental

      7. Part 7: Interpretation

   8. Schedule 3: Declaration as to source of donation

   9. Schedule 4: Declaration as to whether residence etc condition satisfied

   10. Schedule 5: Reports of gifts received by unincorporated associations making political contributions: Schedule to be inserted into the 2000 Act

   11. Schedule 6: Minor and consequential amendments and Schedule 7: Repeals

5. Commencement Dates

6. Hansard References