SCHEDULEAmendments to the Political Parties, Elections and Referendums Act 2000

Article 2

1

In section 24(8)(b)3 (office-holders to be registered), for “House of Assembly of Gibraltar” substitute “Gibraltar Parliament”.

2

In section 54(2A)4 (permissible donors)—

a

for paragraph (b) substitute—

b

a company—

i

registered under the Companies Act5 or the Companies Act 20146 (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 Act7”;

c

omit paragraph (e);

d

for paragraph (f) substitute—

f

a limited partnership registered under the Limited Partnerships Act8, which carries on business in Gibraltar;

3

In section 74(3)9 (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)10.

5

In section 150(4)11 (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 201112 (see section 160(6) below)”.

6

In section 151(4A)13 (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)14 (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 16015 (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 200916 (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 617 (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 6A18 (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”.