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Recall of MPs Act 2015

Schedule 6: Minor and consequential amendments

114.Paragraph 1 of Schedule 6 amends the form of writ in the Appendix of Forms in Schedule 1 to the RPA 1983 (parliamentary election rules), to provide for the option of stating on the form of writ that a by-election is to be held as a result of a successful recall petition.

115.Paragraph 3 amends Part 1 of PPERA in relation to the role of the Electoral Commission:

(i)

The Commission must prepare and publish a report on the actions taken under the Act after the giving of the Speaker’s notice under Section 5 (sub-paragraph (2)).

(ii)

The Commission must keep under review, and from time to time submit reports to the Minister on such matters relating to recall petitions as the Commission may determine, except matters in relation to how an MP becomes subject to a recall petition process (sub-paragraph (3)).

(iii)

A representative of the Commission may attend any part of the proceedings that is the responsibility of the petition officer in relation to the petition (sub-paragraph (4)).

(iv)

The Commission’s code of practice on the attendance of observers at elections must also cover the attendance of representatives of the Commission at any part of the recall petition proceedings that are the responsibility of the petition officer (sub-paragraph (5)).

(v)

The Commission is to be consulted before any regulations are made under sections 9(5) or 18 (sub-paragraph (6)).

(vi)

The Commission may give advice and assistance to petition officers in relation to recall petitions and to accredited campaigners (sub-paragraph (7)).

116.Paragraph 4 amends Part 2 of PPERA so that the treasurer of a registered party is the person responsible for the party’s compliance with the financial controls on recall petitions, unless the party has a campaigns officer. In this case the campaigns officer is responsible for ensuring the party’s compliance with the controls.

117.Paragraphs 5 and 6 amend Part 5 and Part 6 of PPERA respectively so that the definition of campaign expenditure and controlled expenditure does not include any petition expenses that fall to be reported in a recall petition return.

118.Paragraph 7 amends Schedule 19A to PPERA which sets up a regime for the reporting of gifts received by unincorporated associations making political contributions. The definition of a “political contribution” is extended to include making a relevant donation to an accredited campaigner.

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