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The European Parliamentary Elections (Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2015

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Article 2

SCHEDULEAmendments to the Political Parties, Elections and Referendums Act 2000

This schedule has no associated Explanatory Memorandum

1.  In section 24(8)(b)(1) (office-holders to be registered), for “House of Assembly of Gibraltar” substitute “Gibraltar Parliament”.

2.  In section 54(2A)(2) (permissible donors)—

(a)for paragraph (b) substitute—

(b)a company—

(i)registered under the Companies Act(3) or the Companies Act 2014(4) (see section 160(6) below), and

(ii)incorporated within Gibraltar, the United Kingdom or another member State,

which carries on business in Gibraltar;;

(b)in paragraph (d), for “Trade Union and Trade Disputes Act” substitute “Trade Unions and Trade Disputes Act(5)”;

(c)omit paragraph (e);

(d)for paragraph (f) substitute—

(f)a limited partnership registered under the Limited Partnerships Act(6), which carries on business in Gibraltar;.

3.  In section 74(3)(7) (officers of registered party with responsibility for campaign expenditure), for “House of Assembly of Gibraltar” substitute “Gibraltar Parliament”.

4.  In section 88 (third parties recognised for the purposes of Part 6 of the 2000 Act) omit subsection (3)(a)(iii)(8).

5.  In section 150(4)(9) (punishment of offences), for “pursuant to section 189 of, and Schedule 6 to, the Criminal Procedure Ordinance” substitute “set out in Part A of Schedule 9 to the Criminal Procedure and Evidence Act 2011(10) (see section 160(6) below)”.

6.  In section 151(4A)(11) (summary proceedings), for “section 117 of the Criminal Procedure Ordinance” substitute “section 158 of the Criminal Procedure and Evidence Act 2011 (as to which see section 160(6) below)”.

7.  In section 153(5A)(12) (offences committed by unincorporated associations), for “Sections 124 and 144 of, and Schedule 4 to, the Criminal Procedure Ordinance” substitute “Sections 178, 179 and 296 of the Criminal Procedure and Evidence Act 2011 (as to which see section 160(6) below)”.

8.  In section 160(13) (general interpretation)—

(a)in the definition of “Gibraltar elector”, omit paragraph (b) and the word “or” preceding it;

(b)in the definition of “qualified auditor”, for paragraph (b) substitute—

(b)in the case of a Gibraltar party, a person who is approved as a statutory auditor or audit firm under the Financial Services (Auditors) Act 2009(14) (see subsection (6) below);;

(c)in subsection (6), for “a named Act” substitute “an Act listed in subsection (7)”;

(d)after subsection (6) insert—

(7) The Acts referred to in subsection (6) are—

(a)the Companies Act;

(b)the Companies Act 2014;

(c)the Criminal Procedure and Evidence Act 2011;

(d)the Financial Services (Auditors) Act 2009;

(e)the Limited Partnerships Act;

(f)the Trade Unions and Trade Disputes Act.

9.  In Schedule 6(15) (details to be given in donation reports)—

(a)omit paragraph 2(2A) and (3A);

(b)in paragraph 2(7), omit “or the Banking (Extension to Building Societies) Act”;

(c)in paragraph 2(8), omit “limited liability”.

10.  In Schedule 6A(16) (details to be given in transaction reports)—

(a)in paragraph 2(7), omit “or which is an existing registered society within the meaning of the Banking (Extension to Building Societies) Act”;

(b)in paragraph 2(8), omit “limited liability”.

(1)

Section 24(8) was amended by S.I. 2004/366 and by section 20 of, and paragraphs 2 and 4(1) and (2)(b) of Schedule 6 to, the Recall of MPs Act 2015 (c. 25); the amendments made by the 2015 Act are not yet in force.

(2)

Section 54(2A) was inserted by S.I. 2004/366 and amended by S.I. 2009/185.

(3)

Gibraltar Principal Act 1930-07.

(4)

Gibraltar Principal Act 2014-19.

(5)

Gibraltar Principal Act 1947-15.

(6)

Gibraltar Principal Act 1927-07.

(7)

Section 74(3) was amended by S.I. 2004/366 and by section 20 of, and paragraphs 2 and 5(1) and (2)(b) of Schedule 6 to, the Recall of MPs Act 2015; the amendments made by the 2015 Act are not yet in force.

(8)

Section 88(3)(a)(iii) was inserted by S.I. 2004/366.

(9)

Section 150(4) was inserted by S.I. 2004/366.

(10)

Gibraltar Principal Act 2011-24.

(11)

Section 151(4A) was inserted by S.I. 2004/366.

(12)

Section 153(5A) was inserted by S.I. 2004/366.

(13)

Relevant amendments to section 160 were made by S.I. 2004/366, S.I. 2008/948 and S.I. 2009/185.

(14)

Gibraltar Principal Act 2009-18.

(15)

Relevant amendments to Schedule 6 were made by S.I. 2004/366 and S.I. 2009/185.

(16)

Schedule 6A was inserted by section 61(5) of the Electoral Administration Act 2006 (c. 22); relevant amendments to Schedule 6A were made by S.I. 2009/185.

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