Political Parties, Elections and Referendums Act 2000

2000 CHAPTER 41

F1 An Act to establish an Electoral Commission; to make provision about the registration and finances of political parties; to make provision about donations and expenditure for political purposes; to make provision about election and referendum campaigns and the conduct of referendums; to make provision about election petitions and other legal proceedings in connection with elections; to reduce the qualifying periods set out in sections 1 and 3 of the Representation of the People Act 1985; to make pre-consolidation amendments relating to European Parliamentary Elections; and for connected purposes.

[30th November 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Textual Amendments

F1 Act amendment to earlier affecting provision 2006 c. 33, s. 14(2)(b) (2.8.2010) by The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2010 (S.I. 2010/2061), art. 3

Modifications etc. (not altering text)

C1 Act applied (E.W.S.) (2.4.2001) by S.I. 2001/1298, reg. 10(1)(4)

Act applied (with modifications) (1.2.2002) by S.I. 2002/185, reg. 3(2), Sch. 2

Act: functions transferred (25.11.2002) by S.I. 2002/2626, art. 11(1), Sch. 1

C2 Act: power to amend or modify conferred (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(c), 15, 31(2)

C3 Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 13 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

C4 Act: power to amend conferred (15.5.2008) by The Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (S.I. 2008/1319), arts. 1(2), 6(2)(a)

C5 Act modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 6(1), Sch. 9

C6 Act power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3)(7)

C7 Act power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)

C8 Act functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

C9 Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(j) (with arts. 3(2), 6, 12)

C10 Act applied (with modifications) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), art. 3(2)-(4), Sch. 2 (as amended (7.2.2024) by The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 12(5))

C11 Act functions transferred (with modifications) (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 45, Sch. 1 para. 4

C12 Act: functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(i) (with arts. 11, 12)

Part I U.K. The Electoral Commission

Establishment of Electoral Commission and bodies with related functions U.K.

1 Establishment of the Electoral Commission. U.K.

(1) There shall be a body corporate to be known as the Electoral Commission or, in Welsh, Comisiwn Etholiadol (in this Act referred to as “the Commission”).

(2) The Commission shall consist of members to be known as Electoral Commissioners.

(3) There shall be [F2 nine or ten] Electoral Commissioners.

(4) The Electoral Commissioners shall be appointed by Her Majesty (in accordance with section 3).

(5) Her Majesty shall (in accordance with section 3 [F3 but subject to section 3A(6)]) appoint one of the Electoral Commissioners to be the chairman of the Commission.

(6) Schedule 1, which makes further provision in relation to the Commission, shall have effect.

Textual Amendments

F2 Words in s. 1(3) substituted (1.10.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 6, 43(1); S.I. 2010/2409, art. 2

F3 Words in s. 1(5) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 9

2 Speaker’s Committee. U.K.

(1) There shall be a Committee (to be known as “the Speaker’s Committee”) to perform the functions conferred on the Committee by this Act.

(2) The Speaker’s Committee shall consist of the Speaker of the House of Commons, who shall be the chairman of the Committee, and the following other members, namely—

(a) the Member of the House of Commons who is for the time being the Chairman of the Home Affairs Select Committee of the House of Commons;

[F4 (b) the [F5 Secretary of State for [F6 Housing, Communities and Local Government]];]

(c) a Member of the House of Commons who is a Minister of the Crown with responsibilities in relation to local government; and

(d) five Members of the House of Commons who are not Ministers of the Crown.

[F7 (2A) The functions of the Secretary of State for [F8 Housing, Communities and Local Government] under subsection (2)(b) are exercisable concurrently with any Member of the House of Commons who—

(a) is a Minister of the Crown, and

(b) is appointed to membership of the Committee by the Prime Minister in order to carry out those functions concurrently with the Secretary of State for Levelling Up, Housing and Communities.]

(3) The member of the Committee mentioned in subsection (2)(c) shall be appointed to membership of the Committee by the Prime Minister.

(4) The members of the Committee mentioned in subsection (2)(d) shall be appointed to membership of the Committee by the Speaker of the House of Commons.

(5) Schedule 2, which makes further provision in relation to the Speaker’s Committee, shall have effect.

(6) In this section and that Schedule, references to the Home Affairs Select Committee shall—

(a) if the name of that Committee is changed, be taken (subject to paragraph (b)) to be references to the Committee by its new name;

(b) if the functions of that Committee at the passing of this Act with respect to electoral matters (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons, be taken to be references to the committee by whom the functions are for the time being exercisable.

Textual Amendments

F4 S. 2(2)(b) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 25(2)

F5 Words in s. 2(2)(b) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 15(2) (with art. 12)

F6 Words in s. 2(2)(b) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 8(2) (with art. 7)

F7 S. 2(2A) inserted (19.8.2022) by Elections Act 2022 (c. 37), ss. 18(1), 67(1); S.I. 2022/908, reg. 2

F8 Words in s. 2(2A) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 8(2) (with art. 7)

Modifications etc. (not altering text)

C13 S. 2(2)(b): transfer of functions (18.8.2010) by Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 4

C14 S. 2(2)(b): functions transferred (25.11.2002) by S.I. 2002/2626, arts. 11-13

C15 S. 2(2)(b) functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 5(1)(a) (with art. 9)

C16 S. 2(2)(b) functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 7(b) (with arts. 8, 12)

C17 S. 2(2)(b): functions made exercisable concurrently (7.4.2021) by The Transfer of Functions (Speaker’s Committee) Order 2021 (S.I. 2021/310), arts. 1(2), 2

C18 S. 2(2)(b): functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(1)(b) (with art. 12)

C19 S. 2(2)(b): functions made exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(1)(c) (with art. 12)

C20 S. 2(2)(b): transfer of functions (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 7(1)(a) (with art. 12)

3 Appointment of Electoral Commissioners and Commission chairman. U.K.

(1) The powers of Her Majesty under section 1(4) and (5) shall be exercisable on an Address from the House of Commons.

[F9 (2) A motion for such an Address may be made only if—

(a) the Speaker of the House of Commons agrees that the motion may be made;

(b) the motion has been the subject of consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong; and

(c) each person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee.]

(3) Such an Address shall specify the period (not exceeding 10 years) for which each proposed Electoral Commissioner to whom the Address relates is to hold office as such Commissioner or (as the case may be) the period for which the proposed chairman of the Commission is to hold office as such chairman.

(4) [F10 Subject to subsection (4A), a person may not be appointed] as an Electoral Commissioner if the person—

(a) is a member of a registered party;

(b) is an officer or employee of a registered party or of any accounting unit of such a party;

(c) holds a relevant elective office (within the meaning of Schedule 7); or

(d) has at any time [F11 within the last five years]—

(i) been such an officer or employee as is mentioned in paragraph (b), or

(ii) held such an office as is mentioned in paragraph (c), or

(iii) been named as a donor in the register of donations reported under Chapter III or V of Part IV. [F12 , or

(iv) been named as a participant in the register of recordable transactions reported under Part 4A.]

[F13 (4A) Paragraphs (a) and (d) of subsection (4) do not apply to the appointment of a person as a nominated Commissioner (within the meaning of section 3A).]

(5) An Electoral Commissioner, or the chairman of the Commission, may be re-appointed (or further re-appointed).

[F14 (5A) In the case of a re-appointment (or further re-appointment) of an Electoral Commissioner, the reference in subsection (2)(c) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment (or further re-appointment) by that Committee.]

(6) In subsection (2)(b) the reference to Members of the House of Commons does not include any Member of that House who at the time in question—

(a) has not made and subscribed the oath required by the M1 Parliamentary Oaths Act 1866 (or the corresponding affirmation); or

(b) is disqualified from sitting and voting in that House.

(7) In this section “registered party”—

(a) includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the M2 Registration of Political Parties Act 1998; and

(b) in subsection (4)(b) also includes (in relation to times before 1st April 1999) any political party.

Textual Amendments

F9 S. 3(2) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 4(2), 43(1)(5)(b)

F10 Words in s. 3(4) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 10

F11 Words in s. 3(4)(d) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 7(1), 43(1)(5)(b)

F12 S. 3(4)(d)(iv) and preceding word inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(1), Sch. 1 para. 139; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(g) (subject to art. 4, Sch. 2)

F13 S. 3(4A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 5(1), 43(1)(5)(b)

F14 S. 3(5A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 4(3), 43(1)(5)(b)

Marginal Citations

M1 1866 c. 19.

M2 1998 c. 48.

[F15 3A Four Electoral Commissioners to be persons put forward by parties U.K.

(1) Four of the Electoral Commissioners shall each be a person whom the registered leader of a qualifying party put forward to be considered for appointment as an Electoral Commissioner (a “nominated Commissioner”).

(2) In subsection (1) “qualifying party” means a registered party with two or more Members of the House of Commons at the time of the person's appointment.

(3) Three of the nominated Commissioners shall each be a person put forward by the registered leader of one of the three largest nominating parties at the time of the person's appointment.

(4) In subsection (3) “nominating party” means a party whose registered leader—

(a) has put forward three persons to be considered for appointment as a nominated Commissioner, or

(b) previously put forward persons one of whom was appointed as a nominated Commissioner and is expected to continue to hold office.

(5) No appointment may be made that would result in two or more nominated Commissioners being persons put forward by the leader of the same party (and nothing in this section has effect so as to require that result).

(6) A nominated Commissioner may not be appointed as the chairman of the Commission.

(7) For the purposes of this section, the relative size of any two or more registered parties shall be determined according to the number of Members of the House of Commons belonging to each party at the time in question (or, in the case of two parties with the same number of Members, according to the total number of votes cast for persons standing for election in the name of each of those parties at the most recent parliamentary general election).

(8) A reference in this section to a Member of the House of Commons does not include any Member of that House who at the time in question—

(a) has not made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation), or

(b) is disqualified from sitting and voting in that House.]

Textual Amendments

F15 S. 3A inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 5(2), 43(1)(5)(b)

4 Parliamentary Parties Panel. U.K.

(1) There shall be a panel (to be known as “the Parliamentary Parties Panel”) which consists of representatives of qualifying parties appointed in accordance with this section.

(2) The function of the panel shall be to submit representations or information to the Commission about such matters affecting political parties as the panel think fit.

(3) Where the panel submit any such representations or information to the Commission, the Commission shall—

(a) consider the representations or information, and

(b) decide whether, and (if so) to what extent, they should act on the representations or information.

(4) Each qualifying party shall be entitled to be represented on the panel by a person appointed to the panel by the treasurer of the party.

(5) Subject to subsection (6), a person so appointed shall be a member of the panel for such period as the treasurer of the party may determine when making the appointment.

(6) A person so appointed shall cease to be a member of the panel if at any time—

(a) his appointment is terminated for any reason by the treasurer of the party, or

(b) the party ceases to be a qualifying party.

(7) The panel may determine their own procedure.

(8) The validity of any proceedings of the panel shall not be affected by any failure by the treasurer of a qualifying party to make any appointment in accordance with this section.

(9) In this section “qualifying party” means a registered party—

(a) to which two or more Members of the House of Commons for the time being belong, who have made and subscribed to the oath required by the M3 Parliamentary Oaths Act 1866 (or the corresponding affirmation) and are not disqualified from sitting or voting in the House; or

(b) to which two or more such Members belonged immediately after the most recent parliamentary general election.

Commencement Information

I1 S. 4 wholly in force at 16.2.2001; s. 4 not in force at Royal Assent, see s. 163(2); s. 4 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

M3 1866 c. 19.

[F16 Strategy and policy statement U.K.

Textual Amendments

F16 Ss. 4A-4E and cross-heading inserted (19.8.2022) by Elections Act 2022 (c. 37), ss. 16, 67(1); S.I. 2022/908, reg. 2

4A Strategy and policy statement U.K.

(1) The Secretary of State may designate a statement for the purposes of this section if the requirements set out in section 4C (consultation and procedural requirements) are satisfied.

(2) The statement is a statement prepared by the Secretary of State that sets out—

(a) strategic and policy priorities of Her Majesty’s government relating to elections, referendums and other matters in respect of which the Commission have functions, and

(b) the role and responsibilities of the Commission in enabling Her Majesty’s government to meet those priorities.

(3) The statement may also set out—

(a) guidance relating to particular matters in respect of which the Commission have functions;

(b) any other information (for example, about the roles and responsibilities of other persons) the Secretary of State considers appropriate.

(4) In preparing the statement, the Secretary of State must have regard to the duties imposed on the Commission by section 145(1) (duties with respect to compliance with controls imposed by this Act).

(5) The statement must not contain provision about the carrying out by the Commission of their functions under Schedule 19B (investigatory powers) or Schedule 19C (civil sanctions) in relation to a particular person.

(6) The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions.

(7) A statement designated under this section must be published in whatever manner the Secretary of State considers appropriate.

(8) For the purposes of subsection (6)—

(a) the Commission’s “devolved Scottish functions” are the Commission’s functions in relation to—

(i) Scottish Parliamentary general elections, elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and local government elections in Scotland, so far as those functions do not relate to reserved matters within the meaning of the Scotland Act 1998, and

(ii) referendums held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament;

(b) the Commission’s “devolved Welsh functions” are the Commission’s functions in relation to—

(i) general elections of members of Senedd Cymru,

F17 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) local government elections in Wales, and

(iv) referendums held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements),

so far as those functions do not relate to reserved matters within the meaning of the Government of Wales Act 2006.

Textual Amendments

F17 S. 4A(8)(b)(ii) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(a), 25(2)(b) (with s. 24(1))

4B Duties in relation to statement U.K.

(1) This section applies where a statement has been designated under section 4A.

(2) The Commission must have regard to the statement when carrying out their functions.

(3) Subsection (2) does not apply to information contained in the statement by virtue of section 4A(3)(b).

(4) The Commission must publish a report, as soon as practicable after the end of—

(a) the period of 12 months beginning with the day on which the statement was first designated under section 4A, and

(b) every subsequent 12-month period,

on what they have done during the period in question in consequence of the statement.

(5) Where, before the end of a reporting period, the statement is designated by virtue of section 4D (5-yearly review) or section 4E (power to revise statement)—

(a) the Commission are not required to publish a report under subsection (4) in relation to the reporting period, and

(b) subsection (4) has effect as if the reference in paragraph (a) to the day on which the statement was first designated under section 4A were to the day on which the statement was last designated under that section by virtue of section 4D or 4E.

(6) “Reporting period” means a period in relation to which a report is required to be published under subsection (4).

(7) The duty under subsection (4) does not apply in relation to a 12-month period if before the end of that period the statement’s designation is withdrawn under section 4D(4)(c) or treated as withdrawn under section 4D(5)(b).

(8) The Commission must provide a copy of each report published under subsection (4) to the Speaker’s Committee.

4C Consultation and procedural requirements U.K.

(1) This section sets out the requirements that must be satisfied before the Secretary of State may designate a statement under section 4A.

(2) The Secretary of State must consult the following on a draft of the statement—

(a) the Commission,

(b) the Speaker’s Committee, and

(c) the Levelling Up, Housing and Communities Committee.

(3) After the Secretary of State has carried out the consultation required by subsection (2), the Secretary of State—

(a) must make whatever changes to the draft the Secretary of State considers necessary in light of responses to the consultation, and

(b) must prepare a report containing the Secretary of State’s response to the consultation.

(4) If, after complying with subsection (3), the Secretary of State proposes to designate the statement, the Secretary of State must lay before Parliament a document that—

(a) explains the Secretary of State’s proposals,

(b) sets them out in the form of a draft statement, and

(c) contains the report prepared under subsection (3)(b).

(5) Where a document is laid before Parliament under subsection (4), no draft of the statement that the Secretary of State proposes to designate is to be laid before Parliament before the end of the 60-day period.

(6) In preparing a draft statement for laying before Parliament, the Secretary of State must consider any representations made during the 60-day period in relation to anything in the document laid under subsection (4).

(7) If, after the end of the 60-day period, the Secretary of State wishes to proceed with designating the statement, the Secretary of State must lay before Parliament—

(a) the draft statement (incorporating any changes made in light of any representations made as mentioned in subsection (6)), and

(b) a report containing the Secretary of State’s response to any such representations.

(8) The draft as laid under subsection (7) must, before the end of the 40-day period, have been approved by a resolution of each House of Parliament before the Secretary of State may designate the statement under section 4A.

(9) In this section—

(a) “the 40-day period” means the period of 40 days beginning on the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid);

(b) “the 60-day period” means the period of 60 days beginning on the day on which the document mentioned in subsection (4) is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid).

(10) When calculating the 40-day period or the 60-day period for the purposes of subsection (9)(a) or (b) respectively, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (2)(c) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name.

(12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (2)(c) to that Committee is to be read as a reference to the committee which for the time being has those functions.

4D 5-yearly review and designation of statement U.K.

(1) The Secretary of State must review a statement designated under section 4A if a period of 5 years has elapsed since—

(a) the time when the statement was first designated under section 4A, or

(b) if later, the time when the statement was last designated under that section by virtue of this section or section 4E.

(2) But where—

(a) the statement was last designated by virtue of section 4E, and

(b) the case was one in which the Secretary of State made a determination under section 4E(5) (disapplication of consultation and other pre-designation requirements on revision of statement),

the designation of the statement in that case is to be ignored in determining for the purposes of subsection (1)(b) when the statement was last designated.

(3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5-year period referred to in that subsection.

(4) After reviewing the statement, the Secretary of State may—

(a) revise the statement,

(b) leave the statement as it is, or

(c) withdraw the statement’s designation under section 4A.

(5) Where the Secretary of State proceeds under subsection (4)(a) or (b)—

(a) the Secretary of State must designate the statement (whether or not revised) under section 4A(1);

(b) if the statement is not designated before the end of the review period, the designation of the statement (in the form reviewed under subsection (1)) is treated as withdrawn at the end of that period.

(6) “The review period” means the 12 months beginning with the end of the 5-year period referred to in subsection (1).

(7) Sections 4A(2) to (7) and 4C apply in relation to the statement and its designation in accordance with subsection (5)(a) as they apply in relation to the original statement.

4E Power to revise statement U.K.

(1) The Secretary of State may revise a statement designated under section 4A otherwise than in consequence of a review under section 4D.

(2) The power under subsection (1) may be exercised—

(a) on the Secretary of State’s own initiative,

(b) at the request of the Commission, where the request—

(i) is made by notice given to the Secretary of State and the Speaker’s Committee, and

(ii) gives details of the changes to the statement that the Commission propose should be made, or

(c) at the request of the Speaker’s Committee, where the request—

(i) is made by notice given to the Secretary of State, and

(ii) gives details of the changes to the statement that the Speaker’s Committee propose should be made.

(3) Where a request is made in accordance with subsection (2)(b) or (c), the Secretary of State must inform the Commission or the Speaker’s Committee (as the case may be) how the Secretary of State proposes to deal with the request.

(4) Where the Secretary of State revises the statement under subsection (1)—

(a) the Secretary of State must designate the revised statement under section 4A(1), and

(b) subject to subsection (5), sections 4A(2) to (7) and 4C apply to the revised statement and its designation in accordance with paragraph (a) as they apply to the original statement.

(5) The Secretary of State may determine in a particular case that section 4C(2) to (6) (consultation and pre-designation requirements) does not apply in relation to the revised statement.

(6) Before making a determination under subsection (5), the Secretary of State—

(a) must give notice to the Speaker’s Committee of the proposed determination (giving details of the revisions to the statement), and

(b) must consider any representations made by the Speaker’s Committee in response to the notice.

(7) Where the Secretary of State makes a determination under subsection (5), the Secretary of State must notify the following of the revisions to the statement—

(a) the Commission,

(b) the Speaker’s Committee, and

(c) the Levelling Up, Housing and Communities Committee,

and section 4C(11) and (12) apply for the purposes of paragraph (c) as they apply for the purposes of section 4C(2)(c).

(8) Subsection (9) applies where the Secretary of State makes a determination under subsection (5) despite the Speaker’s Committee objecting to the proposed determination.

(9) When laying the revised statement before Parliament in accordance with section 4C(7)(a), the Secretary of State must also lay before Parliament a statement of the Secretary of State’s reasons for the determination.

(10) For the purposes of this section, corrections of clerical or typographical errors do not count as a revision of the statement.]

Commission’s general functions U.K.

5 Reports on elections[F18 , referendums etc] . U.K.

(1) The Commission shall, after—

(a) each election to which this section applies, and

(b) each referendum to which Part VII applies,

prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.

(2) The elections to which this section applies are the following, namely—

(a) a parliamentary general election;

F19 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a Scottish Parliamentary general election;

[F20 (d) a National Assembly for Wales general election;]

(e) a Northern Ireland Assembly general election.

[F21 (f) an ordinary election of police and crime commissioners.]

[F22 (2A) After—

(a) a parliamentary by-election,

(b) an election held under section 9 of the Scotland Act 1998 (election for the Scottish Parliament in the case of a constituency vacancy), F23 ...

F24 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[F25 or

(d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner),]

the Commission may prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.]

[F26 (2AA) Subsection (2AB) applies where a report under this section relates to—

(a) a parliamentary general election,

(b) a parliamentary by-election,

(c) an ordinary election of police and crime commissioners,

(d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), or

(e) a Northern Ireland Assembly general election.

(2AB) The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the Representation of the People Act 1983) to vote at the election.]

[F27 (2B) After an ordinary election of councillors for local government areas in Scotland, the Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.]

[F28 (2C) Subsection (2D) applies where a report under this section relates to one of the following elections—

(a) a Scottish Parliamentary general election,

(b) an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or

(c) an ordinary election of councillors for local government areas in Scotland.

(2D) The report must include a description of the steps taken by returning officers to assist disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the election.

(2E) In subsection (2D), “returning officer”—

(a) in the case of a Scottish Parliamentary general election, means an officer who is—

(i) appointed by order in accordance with section 12(1) of the Scotland Act 1998, or

(ii) appointed by order under section 12(6) of that Act,

(b) in the case of an election held under section 9 of that Act, means an officer who is appointed by order in accordance with section 12(1) of that Act,

(c) in the case of an ordinary election of councillors for local government areas in Scotland, means an officer who is appointed under section 41(1) of the Representation of the People Act 1983.”. Miscellaneous]

(3) After a poll held under [F29 section 64 of the Government of Wales Act 2006] the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.

[F30 (4) After the end of a recall petition period (within the meaning of Schedule 3 to the Recall of MPs Act 2015), the Commission must prepare and publish (in such manner as the Commission may determine) a report on the actions taken, or not taken, under or by virtue of that Act in relation to the recall petition in question after the giving of the Speaker's notice under section 5 of that Act in relation to that petition.]

Textual Amendments

F18 Words in s. 5 heading substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(2)(a); S.I. 2016/290, reg. 2

F19 S. 5(2)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F20 S. 5(2)(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 90(a), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

F21 S. 5(2)(f) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 9(a); S.I. 2012/1129, art. 2(g)

F22 S. 5(2A) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 28, 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(m) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(j)

F23 Word in s. 5(2A) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 9(b); S.I. 2012/1129, art. 2(g)

F24 S. 5(2A)(c) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(b), 25(2)(b) (with s. 24(1))

F25 S. 5(2A)(d) and word inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 9(b); S.I. 2012/1129, art. 2(g)

F26 S. 5(2AA)(2AB) inserted (29.12.2022) by Elections Act 2022 (c. 37), ss. 9(5), 67(1); S.I. 2022/1270, reg. 2(a) (with reg. 3)

F27 S. 5(2B) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 10, 21(1); S.S.I. 2011/277, art. 2(b)

F28 S. 5(2C)-(2E) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 22, 35; S.S.I. 2020/278, reg. 2, sch.

F29 Words in s. 5(3) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 90(c), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F30 S. 5(4) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(2)(b); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C21 S. 5 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 7(1), Sch. 3 Pt. 1

Commencement Information

I2 S. 5 wholly in force at 16.2.2001; s. 5 not in force at Royal Assent, see s. 163(2); s. 5 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)

6 Reviews of electoral and political matters. U.K.

(1) The Commission shall keep under review, and from time to time submit reports to the Secretary of State on, the following matters, namely—

(a) such matters relating to elections to which this section applies as the Commission may determine from time to time;

(b) such matters relating to referendums to which this section applies as the Commission may so determine;

[F31 (ba) such matters relating to recall petitions as the Commission may so determine;]

(c) the redistribution of seats at parliamentary elections;

(d) [F32 if any functions are transferred by an order under section 18(1), 19(1) or 20(1), the matters in relation to which those functions are exercisable;]

(e) the registration of political parties and the regulation of their income and expenditure;

(f) political advertising in the broadcast and other electronic media;

(g) the law relating to the matters mentioned in each of paragraphs (a) to (f).

(2) At the request of the Secretary of State, and within such time as the Secretary of State may specify, the Commission shall—

(a) review, and

(b) submit a report to the Secretary of State on,

such matter or matters (whether or not falling within subsection (1)) as the Secretary of State may specify.

(3) The Commission shall not, however, carry out any review (or make any report) under this section with respect to any of the following matters, namely—

(a) the funding of political parties under section 97 of the M4 Scotland Act 1998 or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties [F33 or the funding of political groups under section 24 of the Government of Wales Act 2006];

(b) the conduct of referendums held in pursuance of any provision made by or under an Act of the Scottish Parliament [F34 , Senedd Cymru] or the Northern Ireland Assembly or the conduct of any poll under [F35 section 64 of the Government of Wales Act 2006];

[F36 (ba) how a member of the House of Commons becomes subject to a recall petition process under sections 1 to 5 of the Recall of MPs Act 2015;]

(c) the law relating to the matters mentioned in each of paragraphs (a) [F37 to (ba)].

(4) Where any review carried out under this section relates to elections [F38 , referendums or recall petitions] in Northern Ireland, the Commission shall consult the Chief Electoral Officer for Northern Ireland with respect to such elections[F38 , referendums or recall petitions].

(5) Each report made by the Commission under this section shall be published by them in such manner as they may determine.

(6) The elections and referendums to which this section applies are—

(a) in the case of elections—

(i) the elections mentioned in section 5(2) [F39 other than those mentioned in paragraph (d) of that subsection],

(ii) local government elections in England F40 ..., F41 ...

(iii) local elections in Northern Ireland; and

[F42 (iv) local government elections in Scotland; and]

(b) in the case of referendums, referendums to which Part VII applies [F43 and those under Part II of the M5 Local Government Act 2000].

[F44 (6A) This section is subject to section 6ZA.]

Textual Amendments

F31 S. 6(1)(ba) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(3)(a); S.I. 2016/290, reg. 2

F32 S. 6(1)(d) repealed (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 13(2)(a), 35; S.S.I. 2020/278, reg. 2, sch.

F33 Words in s. 6(3)(a) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 91(a), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

F34 Words in s. 6(3)(b) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 3(2); S.I. 2020/1052, art. 2(b)

F35 Words in s. 6(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 91(b), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F36 S. 6(3)(ba) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(3)(b); S.I. 2016/290, reg. 2

F37 Words in s. 6(3)(c) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(3)(c); S.I. 2016/290, reg. 2

F38 Words in s. 6(4) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(3)(d); S.I. 2016/290, reg. 2

F39 Words in s. 6(6)(a)(i) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 3(3)(a)(i); S.I. 2020/1052, art. 2(b)

F40 Words in s. 6(6)(a)(ii) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 3(3)(a)(ii); S.I. 2020/1052, art. 2(b)

F41 Word in s. 6(6)(a) repealed (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 13(2)(b)(i), 35; S.S.I. 2020/278, reg. 2, sch.

F42 S. 6(6)(a)(iv) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 13(2)(b)(ii), 35; S.S.I. 2020/278, reg. 2, sch.

F43 Words in s. 6(6)(b) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 3(3)(b); S.I. 2020/1052, art. 2(b)

F44 S. 6(6A) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 13(2)(c), 35; S.S.I. 2020/278, reg. 2, sch.

Commencement Information

I3 S. 6 partly in force; s. 6 not in force at Royal Assent, see s. 163(2); s. 6(1)(a)(b)(e)-(g)(2)-(6) 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); s. 6(1)(d) in force at 30.10.2001 by S.I. 2001/3526, art. 2(a)

Marginal Citations

M4 1998 c. 46.

M5 2000 c. 22.

[F45 6ZA Reviews of electoral and political matters: devolved Scottish elections U.K.

(1) Where a report under subsection (1) of section 6 relates to Scottish Parliamentary general elections or local government elections in Scotland, the Commission must submit the report to—

(a) the Scottish Ministers in so far as the report relates to—

(i) a matter mentioned in paragraph (a) of that subsection, or

(ii) the law relating to such a matter,

(b) the Secretary of State in so far as the report relates to—

(i) a matter mentioned in paragraph (b), (c), (e) or (f) of that subsection, or

(ii) the law relating to such a matter.

(2) At the request of the Scottish Ministers, and within such time as the Scottish Ministers may specify, the Commission must—

(a) review, and

(b) submit a report to the Scottish Ministers on,

such matter as the Scottish Ministers may specify in so far as it relates to any elections mentioned in subsection (3) and does not relate to a reserved matter (within the meaning of the Scotland Act 1998).

(3) The elections are—

(a) Scottish Parliamentary general elections,

(b) elections held under section 9 of the Scotland Act 1998 (constituency vacancies),

(c) local government elections in Scotland.]

Textual Amendments

F45 S. 6ZA inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 13(3), 35; S.S.I. 2020/278, reg. 2, sch.

[F46 6ZA Reviews of devolved electoral matters in Wales U.K.

(1) The Commission must keep the matters mentioned in subsection (2) under review, and must from time to time submit reports on those matters to the Welsh Ministers.

(2) The matters are such matters as the Commission may from time to time determine relating to—

(a) general elections of Members of the Senedd;

F47 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) local government elections in Wales;

(d) referendums under Part 2 of the Local Government Act 2000 and Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales);

(e) the law relating to the elections and referendums mentioned in paragraphs (a) to (d).

(3) Subsection (4) applies if the Welsh Ministers request the Commission to review and report on any matter or matters for which provision is or could be made in an Act of Senedd Cymru (whether or not falling within subsection (2)).

(4) The Commission must, within such time as the Welsh Ministers may specify—

(a) review the matters specified in the request, and

(b) submit a report on those matters to the Welsh Ministers.

(5) The Commission must publish each report made under this section in such manner as the Commission may determine.]

Textual Amendments

F46 S. 6ZA inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 4; S.I. 2020/1052, art. 2(b)

F47 S. 6ZA(2)(b) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(c), 25(2)(b) (with s. 24(1))

[F48 6A Attendance of representatives of Commission at elections etc. U.K.

(1) A representative of the Commission may attend—

(a) proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election;

(b) proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer.

[F49 (c) proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.]

(2) The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question.

(3) In this section, “representative of the Commission” means any of the following—

(a) a member of the Commission;

(b) a member of staff of the Commission;

(c) a person appointed by the Commission for the purposes of this section.

(4) A reference to the relevant counting officer must be construed—

(a) if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3);

(b) if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland.

(5) The elections specified in this subsection are—

(a) an election mentioned in section 5(2);

(b) a parliamentary by-election;

(c) an election under section 9 of the Scotland Act 1998 (constituency vacancies);

F50 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51 (da) an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);]

(e) a local government election in England or Wales;

[F52 (ea) a local government election in Scotland;]

(f) a local election in Northern Ireland.

Textual Amendments

F48 Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)

F49 S. 6A(1)(c) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(4); S.I. 2016/290, reg. 2

F50 S. 6A(5)(d) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(d), 25(2)(b) (with s. 24(1))

F51 S. 6A(5)(da) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 10; S.I. 2012/1129, art. 2(g)

F52 S. 6A(5)(ea) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(1), 21(1); S.S.I. 2011/277, art. 2(b)

Modifications etc. (not altering text)

C22 S. 6A applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C23 S. 6A applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

C24 S. 6A applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 4

C25 S. 6A applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 4 (with reg. 27)

C26 S. 6A applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 4

C27 S. 6A applied (with modifications) by S.I. 2012/2031, reg. 17, Sch. 8 Table 3 (as inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)

C28 S. 6A modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 2 para. 1

C29 S. 6A(4) applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 4 para. 4

6B Observation of working practices by representatives of Commission U.K.

(1) A representative of the Commission may observe the working practices of any of the following—

(a) an electoral registration officer;

(b) a returning officer;

(c) a relevant counting officer;

(d) any person acting under the direction of a person mentioned in paragraphs (a) to (c).

(2) In this section—

(a) “relevant counting officer”, and

(b) “representative of the Commission”,

must be construed in accordance with section 6A.

F53 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)

F53 S. 6B(3) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(2), 21(1); S.S.I. 2011/277, art. 2(b)

Modifications etc. (not altering text)

C30 S. 6B applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C31 S. 6B applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

C32 S. 6B applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 4

C33 S. 6B applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 4 (with reg. 27)

C34 S. 6B applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 4

C35 S. 6B applied (with modifications) by S.I. 2012/2031, reg. 17, Sch. 8 Table 3 (as inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)

C36 S. 6B modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 2 para. 2

6C Accredited observers: individuals U.K.

(1) A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—

(a) proceedings at the issue or receipt of postal ballot papers;

(b) proceedings at the poll;

(c) proceedings at the counting of votes.

(2) If the Commission grant the application, the accredited observer may attend the proceedings in question.

(3) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F [F54 or 6G] [F55 or, in relation to [F56 a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or] a local government election in Scotland, section 6G].

(4) The Commission may at any time revoke the grant of an application under subsection (1).

(5) If the Commission—

(a) refuse an application under subsection (1), or

(b) revoke the grant of any such application,

they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.

(6) The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question.

Textual Amendments

F48 Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)

F54 Words in s. 6C(3) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 5; S.I. 2020/1052, art. 2(b)

F55 Words in s. 6C(3) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(3), 21(1); S.S.I. 2011/277, art. 2(b)

F56 Words in s. 6C(3) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(3), 35; S.S.I. 2020/278, reg. 2, sch.

Modifications etc. (not altering text)

C37 S. 6C applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C38 S. 6C applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

C39 S. 6C applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 4

C40 S. 6C applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 4 (with reg. 27)

C41 S. 6C applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 4

C42 S. 6C applied (with modifications) by S.I. 2012/2031, reg. 17, Sch. 8 Table 3 (as inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)

C43 S. 6C modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 2 para. 3

C44 S. 6C applied (4.3.2016) by The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295), reg. 150

6D Accredited observers: organisations U.K.

(1) An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—

(a) proceedings at the issue or receipt of postal ballot papers;

(b) proceedings at the poll;

(c) proceedings at the counting of votes.

(2) If the Commission grant the application the organisation may nominate members who may attend the proceedings in question.

(3) The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section.

(4) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F [F57 or 6G] [F58 or, in relation to [F59 a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or ] a local government election in Scotland, section 6G] .

(5) The Commission may at any time revoke the grant of an application under subsection (1).

(6) If the Commission—

(a) refuse an application under subsection (1), or

(b) revoke the grant of any such application,

they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.

(7) The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question.

Textual Amendments

F48 Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)

F57 Words in s. 6D(4) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 6; S.I. 2020/1052, art. 2(b)

F58 Words in s. 6D(4) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(4), 21(1); S.S.I. 2011/277, art. 2(b)

F59 Words in s. 6D(4) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(4), 35; S.S.I. 2020/278, reg. 2, sch.

Modifications etc. (not altering text)

C45 S. 6D applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C46 S. 6D applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

C47 S. 6D applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 4

C48 S. 6D applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 4 (with reg. 27)

C49 S. 6D applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 4

C50 S. 6D applied (with modifications) by S.I. 2012/2031, reg. 17, Sch. 8 Table 3 (as inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)

C51 S. 6D modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 2 para. 4

6E Attendance and conduct of observers U.K.

(1) A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D.

(2) If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person's entitlement.

(3) Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place.

(4) A relevant officer is—

(a) in the case of proceedings at a polling station, the presiding officer;

(b) in the case of any other proceedings at an election, the returning officer;

(c) in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A);

(d) such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph.

Textual Amendments

F48 Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)

Modifications etc. (not altering text)

C52 S. 6E modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 5 para. 4

C53 S. 6E applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}

C54 S. 6E applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}

C55 S. 6E applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 4

C56 S. 6E applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 4 (with reg. 27)

C57 S. 6E applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 4

C58 S. 6E applied (with modifications) by S.I. 2012/2031, reg. 17, Sch. 8 Table 3 (as inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)

6F Code of practice on attendance of observers at elections etc. U.K.

(1) The Commission must prepare a code of practice on the attendance of—

(a) representatives of the Commission,

(b) accredited observers, and

(c) nominated members of accredited organisations,

at elections specified in subsection (5) of section 6A [F60 , other than those specified in subsection (2) of section 6G,] [F61 (other than [F62 a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) and] a local government election in Scotland)] and referendums to which Part 7 applies.

[F63 (1A) The code must also cover the attendance of representatives of the Commission at proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.]

(2) The code must in particular—

(a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;

(b) specify the criteria to be taken into account by the Commission in determining such applications;

(c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

(d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

(e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission;

(f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

(3) The code may make different provision for different purposes.

(4) Before preparing the code, the Commission must consult the Secretary of State.

(5) The Commission must lay the code before each House of Parliament.

(6) The Commission must publish the code (in such manner as the Commission may determine).

(7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—

(a) the Commission;

(b) representatives of the Commission;

(c) relevant officers (within the meaning of section 6E);

(d) relevant counting officers.

(8) The Commission may at any time revise the code.

(9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.

(10) In this section [F64 and section 6G] —

(a) “accredited observer” must be construed in accordance with section 6C;

(b) “accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly;

(c) “relevant counting officer” must be construed in accordance with section 6A;

(d) “representative of the Commission” has the same meaning as in section 6A.]

Textual Amendments

F48 Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)

F60 Words in s. 6F(1) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 7(2); S.I. 2020/1052, art. 2(b)

F61 Words in s. 6F(1) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(5)(a), 21(1); S.S.I. 2011/277, art. 2(b)

F62 Words in s. 6F(1) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(5), 35; S.S.I. 2020/278, reg. 2, sch.

F63 S. 6F(1A) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(5); S.I. 2016/290, reg. 2

F64 Words in s. 6F(10) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(5)(b), 21(1); S.S.I. 2011/277, art. 2(b); and (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 7(3); S.I. 2020/1052, art. 2(b)

6G [F65 Code of practice on attendance of observers at Scottish Parliamentary elections and local government elections in Scotland] S

(1) [F66 The Commission must prepare a code of practice on the attendance of—

(a) representatives of the Commission;

(b) accredited observers; and

(c) nominated members of accredited organisations,

at [F67 Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and] local government elections in Scotland.

(2) The code must in particular—

(a) specify the manner in which applications under section 6C(1) and 6D(1) are to be made to the Commission;

(b) specify the criteria to be taken into account by the Commission in determining such applications;

(c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

(d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

(e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission;

(f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

(3) The code may make different provision for different purposes.

(4) Before preparing the code, the Commission must consult the Scottish Ministers.

(5) The Commission must lay the code before the Scottish Parliament.

(6) The Commission must publish the code (in such matter as they may determine).

(7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—

(a) the Commission;

(b) representatives of the Commission;

(c) relevant officers (within the meaning of section 6E).

(8) The Commission may at any time revise the code.

(9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.]

Textual Amendments

F65 S. 6G title substituted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(2)(b), 35; S.S.I. 2020/278, reg. 2, sch.

F66 S. 6G inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(6), 21(1); S.S.I. 2011/277, art. 2(b)

F67 Words in s. 6G(1) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(2)(a), 35; S.S.I. 2020/278, reg. 2, sch.

Modifications etc. (not altering text)

C59 S. 6G applied (with modifications) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 24, 41

[F68 6G Code of practice on attendance of observers at devolved elections in Wales U.K.

(1) The Commission must prepare a code of practice on the attendance at elections specified in subsection (2) of—

(a) representatives of the Commission,

(b) accredited observers, and

(c) nominated members of accredited organisations.

(2) The code must make provision about attendance at—

(a) general elections of Members of the Senedd;

F69 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) local government elections in Wales.

(3) The code must in particular—

(a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;

(b) specify the criteria to be taken into account by the Commission in determining such applications;

(c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

(d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

(e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission;

(f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

(4) The code may make different provision for different purposes.

(5) Before preparing the code, the Commission must consult the Welsh Ministers.

(6) The Commission must lay the code before Senedd Cymru.

(7) The Commission must publish the code (in such manner as the Commission may determine).

(8) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E in relation to an election specified in subsection (2)—

(a) the Commission;

(b) representatives of the Commission;

(c) relevant officers (within the meaning of section 6E).

(9) The Commission may at any time revise the code.

(10) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.]

Textual Amendments

F68 S. 6G inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 8; S.I. 2020/1052, art. 2(b)

F69 S. 6G(2)(b) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(e), 25(2)(b) (with s. 24(1))

[F70 6H Code of practice on expenditure of candidates at Scottish parliamentary elections U.K.

(1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to—

(a) the matters which are, or are not, to be regarded as election expenses,

(b) the cases or circumstances in which expenses are, or are not, to be regarded as incurred,

for the purposes of any order under section 12(1) of the Scotland Act 1998 in so far as regulating the incurring of expenses for the purposes of a candidate's election at a Scottish Parliamentary general election or an election under section 9 of the Scotland Act 1998 (constituency vacancies).

(2) Once the Commission have prepared a draft code under this section, the Commission must submit it to the Scottish Ministers for their approval.

(3) The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine.

(4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under subsection (3).

(5) If the draft incorporates any modifications determined under subsection (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making the modifications.

(6) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to the draft code.

(7) If no such resolution is made within the 40-day period—

(a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and

(b) the Commission must arrange for it to be published in such manner as the Commission think appropriate.

(8) Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament.

(9) In this section, “the 40-day period”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days).

(10) In this section, references to a draft code include references to a draft revised code.]

Textual Amendments

F70 S. 6H inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 9, 35; S.S.I. 2020/278, reg. 2, sch.

7 Commission to be consulted on changes to electoral law. U.K.

(1) Before making an instrument to which this section applies, the authority making the instrument shall consult the Commission.

(2) This section applies to an instrument containing—

F71 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an order under section 24(1)(c), (cc) or (e), 25(1)(b), 28(1)(b) or 35(2B) of the Representation of the M6 People Act 1983 (designations of returning officers and acting returning officers);

(d) rules under section 36 of that Act (local government elections in England F72 ...);

(e) regulations under that Act (“the 1983 Act”), or under the Representation of the M7 People Act 1985, in relation to which section 201(2) of the 1983 Act (regulations which may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament) has effect;

[F73 (eza) regulations to be made by the Scottish Ministers under section 81(3A)(c) of the Representation of the People Act 1983 (other matters to be included in election expenses return in relation to local government elections in Scotland);]

[F74 (ezb) regulations to be made by the Scottish Ministers under paragraph 10(2) of schedule 2A of the Representation of the People Act 1983 (evidence of donor's anonymous registration to accompany statement of relevant donations in relation to local government elections in Scotland);]

[F75 (ea) regulations made by virtue of paragraph 7F of Schedule 4 to the Representation of the People Act 2000 (regulations made by the Scottish Ministers about notification of rejected postal votes in relation to local government elections in Scotland);]

[F76 (f) an order under section 13 or 64(3) [F77 or regulations under section 13A] of the Government of Wales Act 2006 (conduct of elections to the National Assembly for Wales and of polls held by Welsh Ministers);]

(g) an order under section 12(1) or (6) [F78 or regulations under section 12A(1)] of the M8 Scotland Act 1998 (conduct of elections to the Scottish Parliament);

(h) an order under section 34(4) of the M9 Northern Ireland Act 1998 (conduct of elections to the Northern Ireland Assembly);

[F79 (ha) an order under subsection (1)(b) of section 54 of the Police Reform and Social Responsibility Act 2011 (designations of returning officers for elections of persons as police and crime commissioners in England and Wales);

(hb) regulations under subsection (2) of that section (functions of returning officers and local returning officers for such elections);

(hc) an order under section 58 of that Act (conduct of elections of persons as police and crime commissioners in England and Wales);]

(i) an order under section 17A(3) of the M10 Greater London Authority Act 1999 (free delivery of election addresses at elections to the Greater London Authority).

[F80 (j) an order under section 3(1) of the Local Governance (Scotland) Act 2004.]

[F81 (k) regulations under section 9(5) or 18 of the Recall of MPs Act 2015 (wording of the recall petition signing sheet and the conduct of a recall petition etc).]

(3) No draft Order shall be laid before Parliament under section 84(4) of the M11 Northern Ireland Act 1998 (power to make provision with respect to elections in Northern Ireland) except after consultation with the Commission.

Textual Amendments

F71 S. 7(2)(a)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F72 Words in s. 7(2)(d) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 11

F73 S. 7(2)(eza) inserted (S.) (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 20(4), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)

F74 S. 7(2)(ezb) inserted (S.) (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 21(6), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)

F75 S. 7(2)(ea) inserted (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 22(2), 27(1); S.I. 2013/702, art. 3(d)

F76 S. 7(2)(f) substituted (3.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 93, the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

F77 Words in s. 7(2)(f) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F78 Words in s. 7(2)(g) inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(5), 44(5); S.I. 2015/682, art. 2(b)

F79 S. 7(2)(ha)-(hc) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 11; S.I. 2012/1129, art. 2(g)

F80 S. 7(2)(j) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 12, 21(1); S.S.I. 2011/277, art. 2(b)

F81 S. 7(2)(k) inserted (26.3.2015 for specified purposes, 4.3.2016 in so far as not already in force) by Recall of MPs Act 2015 (c. 25), s. 24(2)(g), Sch. 6 para. 3(6); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C60 S. 7(2)(g) saving for effect of 2012 c. 11, s. 3(5) (1.7.2015) by The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015 (S.I. 2015/683), arts. 1, 2

Commencement Information

I4 S. 7 wholly in force at 16.2.2001; s. 7 not in force at Royal Assent, see s. 163(2); s. 7 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

M6 1983 c. 2.

M7 1985 c. 50.

M8 1998 c. 46.

M9 1998 c. 47.

M10 1999 c. 29.

M11 1998 c. 47.

8 Powers with respect to elections exercisable only on Commission recommendation. U.K.

(1) The function of giving directions under section 52(1) of the Representation of the M12 People Act 1983 (directions as to discharge of registration duties) shall be exercisable only on, and in accordance with, a recommendation of the Commission.

(2) A function to which this subsection applies shall, unless [F82 the person on whom the function is conferred] considers that the exercise of the function is expedient in consequence of changes in the value of money, be exercisable only on, and in accordance with, a recommendation of the Commission.

(3) Subsection (2) applies to the following functions, namely—

(a) the making of orders under section 76(2A) of that Act (limitation of expenses in connection with elections to the Greater London Authority);

(b) the making of orders under section [F83 13 of the Government of Wales Act 2006] or section 12 of the M13 Scotland Act 1998 so far as relating to the matters mentioned in subsection (2)(c) of the section (limitation of expenses in connection with elections to the National Assembly for Wales or Scottish Parliament);

F84 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Words in s. 8(2) substituted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(6), 44(5); S.I. 2015/682, art. 2(b)

F83 Words in s. 8(3)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 59 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

F84 S. 8(3)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Modifications etc. (not altering text)

C61 S. 8(2) saving for effect of 2012 c. 11, s. 3(6) (1.7.2015) by The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015 (S.I. 2015/683), arts. 1, 2

Commencement Information

I5 S. 8 wholly in force at 16.2.2001; s. 8 not in force at Royal Assent, see s. 163(2); s. 8 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

M12 1983 c. 2.

M13 1998 c. 46.

9 Involvement of Commission in changes in electoral procedures. U.K.

(1) The Commission—

(a) may participate with any relevant local authority in the joint submission of proposals falling within section 10(1) of the Representation of the People Act 2000 (pilot schemes); and

(b) shall have such other functions in relation to—

(i) orders and schemes under section 10 of that Act, and

(ii) orders under section 11 of that Act (revision of procedures in the light of pilot schemes),

as are conferred on the Commission by those sections.

(2) Where any scheme under section 10 of that Act falls to be implemented following the approval by the Secretary of State of proposals jointly submitted by the Commission and a relevant local authority as mentioned in subsection (1)(a) above, the Commission may, in connection with the implementation of the scheme, provide that authority with such assistance (except financial assistance) as the Commission think fit.

(3) In this section “relevant local authority” has the same meaning as in section 10 of that Act.

Commencement Information

I6 S. 9 wholly in force at 1.7.2001; s. 9 not in force at Royal Assent, s. 163(2); s. 9 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 1)

[F85 9A Setting of performance standards U.K.

(1) The Commission may from time to time—

(a) determine standards of performance for relevant officers [F86 mentioned in subsection (2)], and

(b) publish, in such form and in such manner as they consider appropriate, the standards so determined.

(2) The standards of performance are such standards as the Commission think ought to be achieved by—

(a) electoral registration officers in the performance of their functions;

(b) returning officers in the administration of the elections specified in subsection (6);

(c) counting officers in the administration of the referendums specified in subsection (7).

(3) Before determining standards under subsection (1), the Commission must consult—

(a) the Secretary of State, and

(b) any other person they think appropriate.

(4) The Commission may determine different standards for different descriptions of relevant officers.

(5) When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.

[F87 (5A) In relation to electoral registration officers for areas in Wales, the reference to their functions in subsection (2)(a) is a reference to their functions in relation to registers of parliamentary electors.]

[F88 (5A) But subsections (3) and (5) do not apply in relation to standards relating to—

(a) Scottish Parliamentary general elections,

(b) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), or

(c) local government elections in Scotland.]

(6) The elections specified in this subsection are—

(a) an election mentioned in section 5(2) [F89 other than one mentioned in paragraph (d) of that subsection];

(b) a parliamentary by-election;

(c) an election under section 9 of the Scotland Act 1998 (constituency vacancies);

F90 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F91 (da) an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);]

(e) a local government election in England F92 ....

[F93 (f) a local government election in Scotland.]

(7) The referendums specified in this subsection are—

(a) a referendum to which Part 7 applies;

(b) [F94 a referendum under Part 2 of the Local Government Act 2000.]

(8) For the purposes of this section and sections [F95 9AA,] 9B and 9C, the relevant officers are—

(a) electoral registration officers;

(b) in relation to elections within subsection (6) [F96 or section 9AA(6) ], returning officers;

(c) in relation to referendums within subsection (7) [F97 or section 9AA(7)], counting officers.

Textual Amendments

F85 Ss. 9A-9C inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 67, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 23 (subject to art. 4, Sch. 2)

F86 Words in s. 9A(1)(a) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(2); S.I. 2020/1052, art. 2(b)

F87 S. 9A(5A) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(3); S.I. 2020/1052, art. 2(b)

F88 S. 9A(5A) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 14(2), 35; S.S.I. 2020/278, reg. 2, sch.

F89 Words in s. 9A(6)(a) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(4)(a); S.I. 2020/1052, art. 2(b)

F90 S. 9A(6)(d) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(4)(b); S.I. 2020/1052, art. 2(b)

F91 S. 9A(6)(da) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 13; S.I. 2012/1129, art. 2(g)

F92 Words in s. 9A(6)(e) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(4)(c); S.I. 2020/1052, art. 2(b)

F93 S. 9A(6)(f) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 13(1), 21(1); S.S.I. 2011/277, art. 2(b)

F94 S. 9A(7)(b) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(5); S.I. 2020/1052, art. 2(b)

F95 Word in s. 9A(8) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(6)(a); S.I. 2020/1052, art. 2(b)

F96 Words in s. 9A(8)(b) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(6)(b); S.I. 2020/1052, art. 2(b)

F97 Words in s. 9A(8)(c) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 9(6)(c); S.I. 2020/1052, art. 2(b)

[F98 9AA Performance standards for devolved elections and referendums in Wales U.K.

(1) The Commission may from time to time—

(a) determine standards of performance for relevant officers mentioned in subsection (2), and

(b) publish, in such form and in such manner as they consider appropriate, the standards so determined.

(2) The standards of performance are such standards as the Commission think ought to be achieved by—

(a) electoral registration officers for areas in Wales in the performance of their functions in relation to registers of local government electors;

(b) returning officers in the administration of the elections specified in subsection (6);

(c) counting officers in the administration of the referendums specified in subsection (7).

(3) Before determining standards under subsection (1), the Commission must consult—

(a) the Welsh Ministers, and

(b) any other person they think appropriate.

(4) The Commission may determine different standards for different descriptions of relevant officers.

(5) When the Commission publish standards under subsection (1) they must send a copy to the Welsh Ministers who must lay a copy before Senedd Cymru.

(6) The elections specified in this subsection are—

(a) a general election of Members of the Senedd;

F99 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a local government election in Wales.

(7) The referendums specified in this subsection are referendums under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales).]

Textual Amendments

F85 Ss. 9A-9C inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 67, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 23 (subject to art. 4, Sch. 2)

F98 S. 9AA inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 10; S.I. 2020/1052, art. 2(b)

F99 S. 9AA(6)(b) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(f), 25(2)(b) (with s. 24(1))

[F100 9AA Setting performance standards: devolved Scottish elections U.K.

(1) Before determining standards under subsection (1) of section 9A relating to any elections mentioned in subsection (5A)(a) to (c) of that section, the Commission must consult—

(a) the Scottish Ministers, and

(b) any other person they think appropriate.

(2) When the Commission publish standards under subsection (1) of section 9A relating to any elections mentioned in subsection (5A)(a) to (c) of that section—

(a) the Commission must send a copy of the published standards to the Scottish Ministers, and

(b) the Scottish Ministers must lay a copy of the published standards before the Scottish Parliament.]

Textual Amendments

F85 Ss. 9A-9C inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 67, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 23 (subject to art. 4, Sch. 2)

F100 S. 9AA inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 14(3), 35; S.S.I. 2020/278, reg. 2, sch.

9B Returns and reports on performance standards U.K.

(1) The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) [F101 or 9AA(1)] as may be specified in the direction.

(2) A direction under subsection (1)—

(a) must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers),

(b) may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and

(c) may require the report or reports to be provided in a form specified in the direction.

(3) A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates.

(4) The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A(1) [F102 or 9AA(1)].

(5) An assessment under subsection (4)—

(a) must specify the relevant officer or officers to whom it relates;

(b) must specify the period to which it relates;

(c) may specify the elections or referendums (or both) to which it relates.

(6) The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates.

(7) Before publishing an assessment under subsection (4), the Commission shall—

(a) provide to each relevant officer a copy of those parts of the assessment which relate to him;

(b) have regard to any comments made by him regarding the factual accuracy of the assessment.

Textual Amendments

F85 Ss. 9A-9C inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 67, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 23 (subject to art. 4, Sch. 2)

F101 Words in s. 9B(1) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 11; S.I. 2020/1052, art. 2(b)

F102 Words in s. 9B(4) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 11; S.I. 2020/1052, art. 2(b)

9C Provision of information about expenditure on elections etc. U.K.

(1) The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction.

(2) Expenditure information is information relating to—

(a) in the case of an electoral registration officer, expenditure in connection with the performance of his functions;

(b) in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A(6) [F103 or 9AA(6) ] for which he is appointed or otherwise holds office;

(c) in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A(7) [F104 or 9AA(7)] for which he is appointed.

(3) A direction under subsection (1)—

(a) may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction;

(b) may require the information to be provided in a form specified in the direction;

(c) may specify the time within which the information must be provided.

(4) This section does not affect any other power of the Commission to request information.]

Textual Amendments

F85 Ss. 9A-9C inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 67, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 23 (subject to art. 4, Sch. 2)

F103 Words in s. 9C(2)(b) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 12(a); S.I. 2020/1052, art. 2(b)

F104 Words in s. 9C(2)(c) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 12(b); S.I. 2020/1052, art. 2(b)

Modifications etc. (not altering text)

C62 S. 9C applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 4 para. 5

C63 S. 9C(2) modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 2 para. 5

10 Giving of advice and assistance. U.K.

(1) The Commission may, at the request of any relevant body, provide the body with advice and assistance as respects any matter in which the Commission have skill and experience.

(2) The assistance which may be so provided includes (in particular) the secondment of members of the Commission’s staff.

(3) The Commission may also—

(a) provide advice and assistance to—

(i) registration officers,

(ii) returning officers at relevant elections,

(iii) registered parties,

(iv) recognised third parties within the meaning of Part VI, F105 ...

(v) permitted participants within the meaning of Part VII;

[F106 (vi) petition officers in relation to recall petitions, and

(vii) accredited campaigners within the meaning of Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);]

(b) provide advice and assistance to other persons which is incidental to, or otherwise connected with, the discharge by the Commission of their functions.

(4) The Commission—

(a) may make charges for advice or assistance provided by them under subsection (1); but

(b) may not make charges for advice and assistance provided under subsection (3).

(5) Nothing in this section authorises the Commission to provide any form of financial assistance.

(6) In this section “relevant body” means—

(a) the Scottish Parliament;

(b) the Scottish Executive;

(c) the National Assembly for Wales;

[F107 (caa) the Welsh Ministers;]

[F108 (ca) the National Assembly for Wales Commission;]

(d) the Northern Ireland Assembly;

(e) the Executive Committee of the Northern Ireland Assembly;

(f) any of the following local authorities—

(i) in England, the council of a county, district or London borough,

(ii) in Wales, the council of a county or county borough, and

(iii) in Scotland, a council constituted under section 2 of the M14 Local Government etc. (Scotland) Act 1994;

(g) a national or regional parliament or government in a country other than the United Kingdom;

(h) a body in any such other country having functions corresponding to any of the functions of the Commission;

(i) an organisation of which two or more countries (or their governments) are members or a subordinate body of such an organisation.

(7) In this section “relevant election” means any election falling within section 22(5) F109 ....

F110 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 Word in s. 10(3)(a)(iv) omitted (4.3.2016) by virtue of Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(7); S.I. 2016/290, reg. 2

F106 S. 10(3)(a)(vi)(vii) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(7); S.I. 2016/290, reg. 2

F107 S. 10(6)(caa) inserted after paragraph (c) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 95, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F108 S. 10(6)(ca) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 60 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

F109 Words in s. 10(7) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 14(2), 21(1); S.S.I. 2011/277, art. 2(b)

F110 S. 10(8)-(10) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 14(3), 21(1); S.S.I. 2011/277, art. 2(b)

Modifications etc. (not altering text)

C64 S. 10 applied (with modifications) (16.12.2010) by The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837), art. 1(2), Sch. 5 Table

Commencement Information

I7 S. 10 wholly in force at 16.2.2001; s. 10 not in force at Royal Assent, see s. 163(2); s. 10 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

M14 1994 c. 39.

11 Broadcasters to have regard to Commission’s views on party political broadcasts. U.K.

(1) F111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The British Broadcasting Corporation [F112 shall have regard, in determining its policy with respect to party political broadcasts,] to any views expressed by the Electoral Commission for the purposes of this subsection.

Textual Amendments

F111 S. 11(1)(2) repealed (29.12.2003) by Communications Act 2003 (c.21), ss. 406, 408, 411(2), Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

F112 Words in s. 11(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 408, 411(2), Sch. 17 para. 167(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

Commencement Information

I8 S. 11 wholly in force at 16.2.2001; s. 11 not in force at Royal Assent, see s. 163(2); s. 11 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 1)

12 Policy development grants. U.K.

(1) For the purposes of this section—

(a) “a policy development grant” is a grant to a represented registered party to assist the party with the development of policies for inclusion in any manifesto on the basis of which—

(i) candidates authorised to stand by the party will seek to be elected at an election which is a relevant election for the purposes of Part II, or

(ii) the party itself will seek to be so elected (in the case of such an election for which the party itself may be nominated); and

(b) a registered party is “represented” if there are at least two Members of the House of Commons belonging to the party who—

(i) have made and subscribed the oath required by the M15 Parliamentary Oaths Act 1866 (or the corresponding affirmation), and

(ii) are not disqualified from sitting or voting in that House.

(2) The Commission shall submit recommendations to the Secretary of State for the terms of a scheme for the making by the Commission of policy development grants.

(3) Where the Secretary of State receives recommendations under subsection (2), he shall make an order setting out such a scheme in terms which, with any modifications he considers appropriate, give effect to the recommendations.

(4) The scheme shall, in particular, specify or provide for the determination of—

(a) the parties eligible for policy development grants, and

(b) how any money provided to the Commission for the making of policy development grants is to be allocated between the parties eligible for such grants.

(5) The Commission shall keep under review the terms of any scheme under this section and shall make recommendations to the Secretary of State for any variations to the scheme which they consider appropriate.

(6) Where the Secretary of State receives recommendations under subsection (5), he shall make an order giving effect, with any modifications he considers appropriate, to the recommendations.

(7) Where any such modifications as are mentioned in subsection (3) or (6) would result in an order under that subsection giving effect with modifications to any recommendations of the Commission in respect of either of the matters mentioned in subsection (4), the order shall not be made without the agreement of the Commission to the modifications so far as relating to those matters.

(8) The Commission shall make such grants as are provided for under any scheme under this section, and any such grants may be made subject to such conditions as (consistently with the terms of the scheme) the Commission consider appropriate; but nothing in such a scheme shall have effect to authorise the Commission to make in any financial year more than £2 million in policy development grants.

(9) The Secretary of State may by order made with the consent of the Treasury vary the sum for the time being specified in subsection (8).

Commencement Information

I9 S. 12 wholly in force at 16.2.2001; s. 12 partly in force at Royal Assent, see s. 163(3); s. 12 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

M15 1866 c. 19.

13 Education about electoral and democratic systems. U.K.

(1) The Commission shall promote public awareness of—

(a) current electoral systems in the United Kingdom and any pending such systems, together with such matters connected with any such existing or pending systems as the Commission may determine;

F113 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F114 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of subsection (1) any system such as is mentioned in paragraph (a) F115 ... of that subsection is pending at a time when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

F116 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by—

(a) carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (1); or

(b) making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(5) Any grant under subsection (4)(b) may be made subject to such conditions as the Commission consider appropriate.

(6) The total expenditure incurred in any financial year by the Commission in performing their functions under subsection (1) (whether by making grants or otherwise) shall not exceed such sum as is for the time being specified for the purposes of this subsection by an order made by the Secretary of State with the consent of the Treasury.

F117 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable [F118 in relation to local government elections in Scotland]; F119 ...

F120 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121 (12) Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under [F122 paragraph 16A of Schedule 1 to this Act or] paragraph 6 of Schedule 2 to the Government of Wales Act 2006.]

Textual Amendments

F113 S. 13(1)(b)(c) repealed (1.1.2011) by Political Parties and Elections Act 2009 (c. 12), ss. 8, 43(1), Sch. 7; S.I. 2010/2866, art. 4(a)

F114 S. 13(1A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F115 Words in s. 13(2) repealed (1.1.2011) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 7; S.I. 2010/2866, art. 4(f)(g)

F116 S. 13(3) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 15(2), 21(1); S.S.I. 2011/277, art. 2(b)

F117 S. 13(7) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 15(2), 21(1); S.S.I. 2011/277, art. 2(b)

F118 Words in s. 13(8) substituted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 15(3), 21(1); S.S.I. 2011/277, art. 2(b)

F119 Words in s. 13(8) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 16(2)(a), 21(1); S.S.I. 2011/277, art. 2(b)

F120 S. 13(9)-(11) repealed (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 16(2)(b), 21(1); S.S.I. 2011/277, art. 2(b)

F121 S. 13(12) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 61 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.

F122 Words in s. 13(12) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 13; S.I. 2020/1052, art. 2(b)

Commencement Information

I10 S. 13 wholly in force at 1.7.2001; s. 13 partly in force at Royal Assent, see s. 163(3); s. 13 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 1)

F123 13A Reimbursement of costs by Scottish Ministers etc. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 S. 13A repealed (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 16, 35; S.S.I. 2020/278, reg. 2, sch.

[F124 Examination of Commission’s duty to have regard to strategy and policy statement U.K.

Textual Amendments

F124 S. 13ZA and cross-heading inserted (19.8.2022) by Elections Act 2022 (c. 37), ss. 17(1), 67(1); S.I. 2022/908, reg. 2

13ZA Examination of duty to have regard to strategy and policy statement U.K.

(1) The Speaker’s Committee may examine the performance by the Commission of the Commission’s duty under section 4B(2) (duty to have regard to strategy and policy statement).

(2) The Speaker’s Committee may require the Commission to provide the Committee with information that—

(a) the Committee require for the purposes of enabling them to exercise their power under subsection (1), and

(b) is held by the Commission.

(3) The Commission—

(a) must as soon as is reasonably practicable provide the Speaker’s Committee with information required under subsection (2), and

(b) must provide the information in such form as the Committee may reasonably require.

(4) A requirement imposed on the Commission under subsection (2) does not require the Commission to provide information that, in their opinion, might adversely affect any current investigation or proceedings.

(5) Except as provided by subsection (6), the disclosure of information pursuant to a requirement imposed under subsection (2) does not breach—

(a) any obligation of confidence owed by the Commission, or

(b) any other restriction on the disclosure of information (however imposed).

(6) A requirement imposed on the Commission under subsection (2) does not require them to disclose information if to do so would contravene the data protection legislation (but, in determining whether a disclosure would do so, the requirement imposed on the Commission is to be taken into account).

(7) In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).]

Commission’s electoral boundary functions U.K.

F125 14 Boundary committees. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125 S. 14 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 61(2)(a)(3)(a), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

F126 15 Deputy Electoral Commissioners. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 S. 15 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 61(2)(b), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

F127 16 Transfer of functions of Boundary Commissions. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 S. 16 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 61(3)(b), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

Prospective

F128 17 Transfer of property etc. of the Boundary Commissions. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 S. 17 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 61(3)(b), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

F129 18 Transfer of functions of Local Government Commission for England. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 S. 18 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 66(b), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(m)(hh)

Commencement Information

I11 S. 18 wholly in force; S. 18 partly in force Royal Assent see s. 163(3); S. 18 in force insofar as not already in force at 30.10.2001 by S.I. 2001/3526, art. 2(c)

F130 19 Transfer of functions of Local Government Boundary Commission for Scotland. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 S. 19 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 61(3)(c), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

F131 20 Transfer of functions of Local Government Boundary Commission for Wales. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 S. 20 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 61(3)(c), 148(3)(b), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(j)(hh)

[F132 Commission's functions relating to CORE] U.K.

Textual Amendments

F132 S. 20A and preceding cross-heading inserted (11.7.2006) by Electoral Administration Act 2006 (c. 22), s. 4(1), 77(1)(d)

F133 20A Commission as CORE keeper U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133 S. 20A repealed (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 23(2), 27(1); S.I. 2013/702, art. 3(e)

Supplementary U.K.

21 Interpretation of Part I. U.K.

[F134 (1)] In this Part “financial year”, in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.

[F135 (2) In this Part, “petition officer” and “recall petition” have the same meaning as in the Recall of MPs Act 2015 (see section 22 of that Act).]

Textual Amendments

F134 S. 21 renumbered as s. 21(1) (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(8); S.I. 2016/290, reg. 2

F135 S. 21(2) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(8); S.I. 2016/290, reg. 2

Commencement Information

I12 S. 21 wholly in force at 16.2.2001; s. 21 not in force at Royal Assent, see s. 163(2); s. 21 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)

Part II U.K. Registration of political parties

Modifications etc. (not altering text)

C65 Pt. 2 referred to (N.I.) (12.12.2014) by Education Act (Northern Ireland) 2014 (c. 12), s. 7, Sch. 1 para. 3(13) (with Sch. 2 para. 4(3))

Requirement for registration U.K.

22 Parties to be registered in order to field candidates at elections. U.K.

(1) Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of—

(a) a person who stands for election in the name of a qualifying registered party; or

(b) a person who does not purport to represent any party; or

(c) a qualifying registered party, where the election is one for which registered parties may be nominated.

(2) For the purposes of subsection (1) a party (other than a minor party) is a “qualifying registered party” in relation to a relevant election if—

(a) the constituency, [F136 police area,] local government area or electoral region in which the election is held—

(i) is in England, Scotland or Wales, F137 ...

F137 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the party was, [F138 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election], registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or

(b) the constituency, district electoral area or electoral region in which the election is held—

(i) is in Northern Ireland, F139 ...

F139 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the party was, [F140 on the relevant day], registered in the Northern Ireland register maintained by the Commission under that section.

[F141 (2A) For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 [F142 (subject to rule 2(2A))] shall be disregarded.]

(3) For the purposes of subsection (1) a person does not purport to represent any party if either—

(a) the description of the candidate given in his nomination paper, is—

(i) “Independent”, or

(ii) where the candidate is the Speaker of the House of Commons seeking re-election, “The Speaker seeking re-election”; or

(b) no description of the candidate is given in his nomination paper.

(4) Subsection (1) does not apply in relation to any parish or community election.

(5) The following elections are relevant elections for the purposes of this Part—

(a) parliamentary elections,

F143 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) elections to the Scottish Parliament,

(d) elections to the National Assembly for Wales,

(e) elections to the Northern Ireland Assembly,

[F144 (ea) elections of police and crime commissioners,]

(f) local government elections, and

(g) local elections in Northern Ireland.

(6) For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.

Textual Amendments

F136 Words in s. 22(2)(a) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 24(2)(a)

F137 S. 22(2)(a)(ii) and word repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F138 Words in s. 22(2)(a) substituted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)

F139 S. 22(2)(b)(ii) and word repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F140 Words in s. 22(2)(b) substituted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)

F141 S. 22(2A) inserted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)

F142 Words in s. 22(2A) inserted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 19 (with s. 6)

F143 S. 22(5)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F144 S. 22(5)(ea) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 24(2)(b)

Modifications etc. (not altering text)

C66 S. 22(3)(a) modified (17.12.2021) by The Local Elections (Principal Areas) (Wales) Rules 2021 (S.I. 2021/1459), rules 1, 4 (with rule 2)

Commencement Information

I13 S. 22 wholly in force at 16.2.2001; s. 22 not in force at Royal assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 22 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)

The registers of political parties U.K.

23 The new registers. U.K.

(1) In place of the register of political parties maintained by the registrar of companies under the M16 Registration of Political Parties Act 1998, there shall be the new registers of political parties mentioned in subsection (2) which—

(a) shall be maintained by the Commission, and

(b) (subject to the provisions of this section) shall be so maintained in such form as the Commission may determine.

(2) The new registers of political parties are—

(a) a register of parties that intend to contest relevant elections in one or more of England, Scotland and Wales (referred to in this Act as “the Great Britain register”); and

(b) a register of parties that intend to contest relevant elections in Northern Ireland (referred to in this Act as “the Northern Ireland register”).

(3) Each party registered in the Great Britain register shall be so registered in respect of one or more of England, Scotland and Wales; and the entry for each party so registered shall be marked so as to indicate—

(a) the part or parts of Great Britain in respect of which it is registered; and

(b) if the party is a minor party, that it is such a party.

(4) A party may be registered under this Part in both of the new registers, but where a party is so registered—

(a) the party as registered in the Great Britain register, and

(b) the party as registered in the Northern Ireland register,

shall constitute two separate registered parties.

(5) In such a case—

(a) the party shall for the purposes of this Act be so organised and administered as to secure that the financial affairs of the party in Great Britain are conducted separately from those of the party in Northern Ireland;

(b) the financial affairs of the party in Great Britain or (as the case may be) Northern Ireland, shall accordingly constitute for those purposes the financial affairs of the party as registered in the Great Britain register or (as the case may be) the Northern Ireland register; and

(c) any application for the registration of a party in accordance with subsection (4) shall similarly be made and determined by reference to the party’s organisation and activities in Great Britain and Northern Ireland respectively.

(6) The Secretary of State may by order make provision for the transfer to the Commission of any property, rights and liabilities to which the registrar of companies is entitled or subject in connection with his functions under the M17 Registration of Political Parties Act 1998; and an order under this subsection may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

Commencement Information

I14 S. 23 wholly in force at 16.2.2001; s. 23 partly in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(3)(4); s. 23 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

M16 1998 c. 48.

M17 1998 c. 48.

Preliminary requirements U.K.

24 Office-holders to be registered. U.K.

(1) For each registered party there shall be—

(a) a person registered as the party’s leader;

(b) a person registered as the party’s nominating officer; and

(c) a person registered as the party’s treasurer;

but the person registered as leader may also be registered as nominating officer or treasurer (or both).

(2) The person registered as a party’s leader must be—

(a) the overall leader of the party; or

(b) where there is no overall leader of the party, a person who is the leader of the party for some particular purpose.

(3) The person registered as a party’s nominating officer must have responsibility for the arrangements for—

(a) the submission by representatives of the party of lists of candidates for the purpose of elections;

(b) the issuing of such certificates as are mentioned in section 22(6); and

(c) the approval of descriptions and emblems used on nomination and ballot papers at elections.

(4) The person registered as a party’s treasurer shall be responsible for compliance on the part of the party—

[F145 (a) with the provisions of Parts 3, 4 and 4A (accounting requirements and control of donations, loans and certain other transactions)]

(b) unless a person is registered as the party’s campaigns officer in accordance with section 25, with the provisions of Parts V to VII (campaign expenditure, third party expenditure and referendums) [F146 and Schedules 3 to 5 to the Recall of MPs Act 2015 (financial controls on recall petitions)] as well.

(5) In the case of a party with accounting units the person registered as the party’s treasurer shall, in relation to the provisions of Part III, be responsible for compliance on the part of the party’s central organisation (rather than of the party).

(6) Where—

(a) the person registered as a party’s treasurer dies, or

(b) his appointment as treasurer terminates for any other reason,

then, until such time as another person is registered as the party’s treasurer in pursuance of an application under section 31(3)(a), the appropriate person shall be treated for all purposes of this Act (except subsection (8)) as if he were registered also as its treasurer.

(7) In subsection (6) “the appropriate person” means—

(a) the person registered as the party’s leader; or

(b) if that person is also registered as its treasurer but not as its nominating officer, the person registered as its nominating officer; or

(c) if that person is also registered both as its treasurer and as its nominating officer, any other officer of the party registered in accordance with Schedule 4.

(8) A person commits an offence if—

(a) he is registered as treasurer of a registered party, and

(b) he has been convicted, at any time within the period of five years ending with the date of registration, of any offence under this Act or of any other offence committed in connection with a relevant election F147 ... [F148 , a] referendum within the meaning of Part VII [F149 or a recall petition within the meaning of the Recall of MPs Act 2015 (see section 1(2) of that Act)] .

(9) Where a person registered as treasurer of a registered party is convicted of an offence falling within subsection (8)(b), his appointment as treasurer of the party shall terminate on the date of the conviction.

(10) In connection with the registration of a party in both the Great Britain register and the Northern Ireland register in accordance with section 23(4)—

(a) a person may be registered in the Northern Ireland register as leader of the separate party registered in that register if (although not such a leader of the party as is mentioned in subsection (2) above) he is leader of the party in Northern Ireland; and

(b) references to a person’s responsibilities in subsection (3) or (4) above shall be read as references to the responsibilities that he will have with respect to the separate party registered in the Great Britain register or the Northern Ireland register, as appropriate.

Textual Amendments

F145 S. 24(4)(a) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 140; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F146 Words in s. 24(4)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 4(2)(a); S.I. 2016/290, reg. 2

F147 Words in s. 24(8)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F148 Word in s. 24(8)(b) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 4(2)(b); S.I. 2016/290, reg. 2

F149 Words in s. 24(8)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 4(2)(b); S.I. 2016/290, reg. 2

Commencement Information

I15 S. 24 wholly in force at 16.2.2001; s. 24 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 24 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)

25 Parties with campaigns officers. U.K.

(1) In the case of any registered party a person—

(a) may be registered as the party’s campaigns officer, and

(b) may be so registered whether or not he is also registered as the party’s leader or nominating officer (or both).

(2) The person registered as a party’s campaign officer shall be responsible for compliance on the part of the party with the provisions of Parts V to VII [F150 and Schedules 3 to 5 to the Recall of MPs Act 2015 (financial controls on recall petitions)] .

(3) So long as a party is registered as a party with a campaigns officer, section 24(6), (8) and (9) shall apply in relation to a person registered as the party’s campaigns officer as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the person registered as treasurer of the party.

(4) The person registered as a party’s campaigns officer may appoint, on such terms as he may determine, one or more deputy campaigns officers of the party for the purposes of Part V, but not more than 12 persons may hold such appointments at the same time.

(5) For the purposes of this section—

(a) the provisions of section 74(2) to (10) shall apply in relation to a party’s campaigns officer and the appointment of a person as deputy campaigns officer as they apply in relation to a party’s treasurer and the appointment of a person as deputy treasurer, and

(b) any reference in those provisions to a treasurer or (as the case may be) deputy treasurer shall accordingly be read as a reference to a campaigns officer or (as the case may be) deputy campaigns officer.

(6) In relation to any time when a party is (or was) registered as a party with a campaigns officer—

(a) the provisions of Part V (other than section 74) and Parts VI and VII shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer, and any reference to a deputy treasurer of the party were a reference to a deputy campaigns officer of the party; and

(b) the provisions of Part X (enforcement) shall apply in connection with matters relevant for the purposes of Parts V to VII as if any reference to a person who is or has been the treasurer of the party were a reference to a person who is or has been the registered campaigns officer.

[F151 (7) In relation to any time when a party is (or was) registered as a party with a campaigns officer, the provisions of Schedules 3 to 5 to the Recall of MPs Act 2015 shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer.]

Textual Amendments

F150 Words in s. 25(2) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 4(3)(a); S.I. 2016/290, reg. 2

F151 S. 25(7) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 4(3)(b); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C67 S. 25(6) applied (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, sch. 3 para. 5(6)

Commencement Information

I16 S. 25 wholly in force at 16.2.2001; s. 25 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 25 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 (subject to transitional provisions in Sch. 1 Pt. II)

26 Financial structure of registered party: adoption of scheme. U.K.

(1) A party may not be registered unless it has adopted a scheme which—

(a) sets out the arrangements for regulating the financial affairs of the party for the purposes of this Act; and

(b) has been approved in writing by the Commission.

(2) The scheme must in particular determine for the purposes of this Act whether the party is to be taken to consist of—

(a) a single organisation with no division of responsibility for the financial affairs and transactions of the party for the purposes of Part III (accounting requirements), or

(b) a central organisation and one or more separate accounting units, that is to say constituent or affiliated organisations each of which is to be responsible for its own financial affairs and transactions for the purposes of that Part.

(3) In the latter case the scheme must—

(a) identify, by reference to organisations mentioned in the party’s constitution, those which are to constitute the central organisation and the accounting units respectively; and

(b) give the name of each of those organisations.

(4) The scheme must in every case include such other information as may be prescribed by regulations made by the Commission.

(5) Where a draft scheme is submitted by a party for the Commission’s approval, the Commission may either—

(a) approve the scheme, or

(b) give the party a notice requesting it to submit a revised scheme to them,

as they think fit.

(6) If under subsection (5) the Commission request a party to submit a revised scheme, they may specify either or both of the following, namely—

(a) any matters which they consider should be dealt with in the revised scheme; and

(b) any modifications which they consider should be incorporated in it.

(7) A registered party may at any time notify the Commission that it wishes to replace the scheme for the time being approved in relation to it under this section with a further scheme complying with subsections (1) to (4); and where it so notifies the Commission—

(a) it shall submit for the Commission’s approval a draft of the replacement scheme;

(b) subsections (5) and (6) shall apply in connection with the approval by the Commission of that scheme; and

(c) once that scheme has been approved in writing by the Commission it shall have effect as the party’s scheme under this section.

(8) For the purposes of this section none of the following shall be taken to be a constituent or affiliated organisation in relation to a party—

(a) a trade union within the meaning of the M18 Trade Union and Labour Relations (Consolidation) Act 1992 or the M19 Industrial Relations (Northern Ireland) Order 1992;

(b) a friendly society registered under the M20 Friendly Societies Act 1974 [F152 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under] the M21 Industrial and Provident Societies Act (Northern Ireland) 1969;

(c) any other organisation specified, or of a description specified, in an order made by the Secretary of State on the recommendation of the Commission.

(9) In this section “constitution”, in relation to a party, means the document or documents (of whatever name) by which the structure and organisation of the party is determined.

(10) In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section 23(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection—

(a) any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and

(b) any reference in this Part to the party’s constitution shall be read as a reference to the party’s constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;

and the party’s scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.

(11) For the purposes of this Act—

(a) “accounting unit” means a constituent or affiliated organisation falling within paragraph (b) of subsection (2);

(b) a registered party is a “party with accounting units” if the party’s scheme under this section identifies the party as being one falling within that paragraph; and

(c) in the case of such a party, the “central organisation” of the party is the central organisation referred to in that paragraph.

Textual Amendments

F152 Words in s. 26(8)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 75 (with Sch. 5)

Commencement Information

I17 S. 26 wholly in force; s. 26 in force at Royal Assent for specified purposes, see s. 163(3); s. 26 partly in force at 14.12.2000 for specified purposes by s. 163(4) and fully in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to the transitional provisions in Pt. II of Sch. 1)

Marginal Citations

M18 1992 c. 52.

M19 S.I. 1992/807 (N.I.5).

M20 1974 c. 46.

M21 1969 c. 24 (N.I.).

27 Financial structure of registered party: accounting units. U.K.

(1) This section applies where a registered party is a party with accounting units.

(2) For each accounting unit there shall be—

(a) a person registered as the treasurer of the unit who shall be responsible for compliance on the part of the unit with the provisions of [F153 Parts 3, 4 and 4A] so far as relating to it; and

(b) another person who is an officer of the unit registered for the purposes of subsection (3).

(3) Section 24(6), (8) and (9) shall apply in relation to a person registered as treasurer of an accounting unit as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the officer of the unit who is registered for the purposes of this subsection.

Textual Amendments

F153 Words in s. 27(2)(a) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 141; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Commencement Information

I18 S. 27 wholly in force at 16.2.2001; s. 27 not in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 27 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)

Registration U.K.

28 Registration of parties. U.K.

(1) A party may apply to be registered under this Part by sending to the Commission an application which—

(a) complies with the requirements of Part I of Schedule 4, F154 ...

(b) is accompanied by a declaration falling within subsection (2) [F155 , and

(c) (subject to subsection (3E)) is accompanied by a declaration falling within subsection (3B).]

(2) The declarations falling within this subsection are—

(a) a declaration that the party—

(i) intends to contest one or more relevant elections in Great Britain and one or more such elections in Northern Ireland, and

(ii) is accordingly applying to be registered (as two such separate parties as are mentioned in section 23(4)) in both the Great Britain register and the Northern Ireland register;

(b) a declaration that the party—

(i) intends to contest one or more relevant elections (which will not be confined to one or more parish or community elections) in Great Britain only, and

(ii) is accordingly applying to be registered in the Great Britain register only;

(c) a declaration that the party—

(i) intends to contest one or more relevant elections in Northern Ireland only, and

(ii) is accordingly applying to be registered in the Northern Ireland register only;

(d) a declaration that the party—

(i) intends only to contest one or more parish or community elections, and

(ii) is accordingly applying to be registered in the Great Britain register only.

(3) A declaration falling within paragraph (a), (b) or (d) of subsection (2) must specify the part or parts of Great Britain in respect of which the party is applying to be registered in the Great Britain register.

F156 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F157 (3B) The declarations falling within this subsection are—

(a) a declaration that, to the best of the proposed registered treasurer’s knowledge and belief, the assets/liabilities condition is met in relation to the party;

(b) a declaration that, to the best of the proposed registered treasurer’s knowledge and belief, the assets/liabilities condition is not met in relation to the party.

(3C) The assets/liabilities condition is met in relation to a party if—

(a) the total value of the party’s assets does not exceed £500, and

(b) the total amount of the party’s liabilities does not exceed £500.

(3D) A declaration within subsection (3B)(b) must be accompanied by a record of the party’s assets and liabilities; and that record must comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission.

(3E) Subsection (1)(c) does not apply to an application under this section made in pursuance of a declaration falling within subsection (2)(d) (and subsections (3D) and (8A) to (8C) are accordingly to be disregarded in relation to such an application).]

(4) Where a party sends an application to the Commission in accordance with subsection (1), the Commission shall grant the application unless in their opinion the party proposes a registered name which—

(a) would either—

(i) be the same as that of a party which is already registered in the register in which that party is applying to be registered, or

(ii) be likely to result in electors confusing that party with a party which is already registered in respect of the relevant part of the United Kingdom,

(b) comprises more than six words,

(c) is obscene or offensive,

(d) includes words the publication of which would be likely to amount to the commission of an offence,

[F158 (da) would be likely, were it to appear on a ballot paper issued at an election—

(i) to result in an elector being misled as to the effect of his vote, or

(ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,]

(e) includes any script other than Roman script, or

(f) includes any word or expression prohibited by order made by the Secretary of State after consulting the Commission,

or it appears to the Commission that the party has failed to adopt a scheme approved under section 26.

(5) In subsection (4)(a) “already registered in respect of the relevant part of the United Kingdom” means—

(a) in connection with registration of the applicant party in the Great Britain register, already registered in respect of any part of Great Britain in respect of which that party is applying to be registered;

(b) in connection with registration of the applicant party in the Northern Ireland register, already registered in that register.

(6) An order under subsection (4)(f) may except the use of a word or expression from the prohibition in specified circumstances.

(7) If—

(a) at any time two or more applications for registration are pending each of which would (in the absence of the other or others) fall to be granted by the Commission, but

(b) the registered names proposed by the applicant parties are such that, if one of those names was already registered in pursuance of the application in question, the Commission would be required to refuse the other application or applications by virtue of subsection (4)(a),

the Commission shall determine by reference to the history of each of the applicant parties which of them has, in the Commission’s opinion, the greater or greatest claim to the name proposed by it, and shall then grant the application by that party and refuse the other application or applications.

[F159 (7A) A party may not make an application under this section at any time when the party is also a recognised third party for the purposes of Part 6 (see section 85(5)).]

(8) Where the Commission grant an application by a party under this section, they shall include in the party’s entry in the register—

(a) the particulars, apart from home addresses, given in the application in accordance with paragraphs 2 to 4, 5(2) and 6 of Schedule 4; [F160 and] F161 . . .

(b) the date of registration.

F162 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F162 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F163 (8A) Subsections (8B) and (8C) apply where—

(a) the Commission grant an application by a party under this section, and

(b) the application was accompanied by a declaration within subsection (3B)(b).

(8B) The Commission must ensure that the party’s entry in the register is marked so as to indicate that its application was accompanied by a declaration within subsection (3B)(b).

(8C) The Commission must—

(a) as soon as reasonably practicable after granting the application, make a copy of the record of assets and liabilities provided by the party under subsection (3D) available for public inspection, and

(b) keep the copy available for public inspection for such period as the Commission think fit.]

(9) Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.

(10) In this Part “the register” means—

(a) in relation to a party registered in the Great Britain register, the Great Britain register, and

(b) in relation to a party registered in the Northern Ireland register, the Northern Ireland register.

Textual Amendments

F154 Word in s. 28(1) omitted (24.11.2022) by virtue of Elections Act 2022 (c. 37), ss. 23(2)(a), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(3))

F155 S. 28(1)(c) and word inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 23(2)(b), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(3))

F156 S. 28(3A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F157 S. 28(3B)-(3E) inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 23(3), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(3))

F158 S. 28(4)(da) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 48, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 9 (subject to art. 4, Sch. 2)

F159 S. 28(7A) inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 24(2), 67(1); S.I. 2022/1226, reg. 2(c)

F160 Word in s. 28(8)(a) inserted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 4(2)(a) (as amended by S.I. 2019/1389, regs. 1, 2(2))

F161 Word in s. 28(8) omitted (5.2.2004) by virtue of 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. 4(b)

F162 S. 28(8)(c)(d) omitted (31.12.2020) by virtue of The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 4(2)(b) (as amended by S.I. 2019/1389, regs. 1, 2(2))

F163 S. 28(8A)-(8C) inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 23(4), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(3))

Commencement Information

I19 S. 28 wholly in force at 16.2.2001; s. 28 in force at Royal Assent for specified purposes and at 14.12.2000 for further specified purposes, see s. 163(2)(4); s. 28 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)

[F164 28A Descriptions U.K.

(1) A party's application under section 28 may include a request for the registration of up to 12 descriptions to be used on nomination papers or ballot papers.

(2) Where a request is made by a party under this section in relation to a description, the Commission shall register the description as a description of the party unless it is of more than six words in length or in their opinion it—

(a) would be the same as the name of a party or the registered description of a party which (in either case) is already registered in the register in which that party is applying to be registered,

(b) would be likely to result in electors confusing that party with another party which is already registered in respect of the relevant part of the United Kingdom,

(c) is obscene or offensive,

(d) is of such a character that its publication would be likely to amount to the commission of an offence,

(e) would be likely, were it to appear on a ballot paper issued at an election—

(i) to result in an elector being misled as to the effect of his vote, or

(ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

(f) includes any script other than Roman script, or

(g) includes a word or expression prohibited by order made by the Secretary of State.

(3) In subsection (2)(b) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).

(4) An order under subsection (2)(g) may except the use of a word or expression from the prohibition in specified circumstances.

(5) In the application of subsection (2) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is applying to be registered, for “it is of more than six words in length” substitute its length exceeds six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language.

(6) The Secretary of State may, by order, substitute for the number “12” in subsection (1) such other number as he thinks appropriate.

(7) An order under subsection (2)(g) or (6) must not be made unless the Secretary of State first consults the Commission.

Textual Amendments

F164 Ss. 28A, 28B inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(1), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

28B Joint descriptions U.K.

(1) Two or more parties which are registered under section 28 above in the same register may apply to the Commission to register a description for use by a candidate standing in the name of both or all of the parties jointly.

(2) The following provisions of section 28A apply to an application under this section as they apply to an application under that section—

(a) subsections (2) to (5);

(b) subsection (7), so far as it relates to subsection (2)(g).

(3) Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a description mentioned in subsection (1) above as they apply to a description to which section 28A applies; and for the purposes of such application—

(a) any reference to a party in section 30 (except in relation to an application to remove a description under subsection (1)(bb) of that section) must be construed as a reference to the parties mentioned in subsection (1) above acting jointly,

(b) section 30(4A)(a) must be taken to read “the parties already have a description registered in pursuance of section 28B above”, and

(c) the requirement in paragraph 9 of Schedule 4 for an application under section 30 to be signed by the responsible officer of a party must be taken to be a requirement for the application to be signed by a responsible officer of each party which joins in the application.]

Textual Amendments

F164 Ss. 28A, 28B inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(1), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

29 Emblems. U.K.

(1) A party’s application under section 28 may include a request for the registration of up to three emblems to be used by the party on ballot papers.

(2) Where a request is made by a party under this section in relation to an emblem, the Commission shall register the emblem as an emblem of the party unless in their opinion it—

(a) would either—

(i) be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or

(ii) be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,

(b) is obscene or offensive,

(c) is of such a character that its publication would be likely to amount to the commission of an offence, or

[F165 (ca) would be likely, were it to appear on a ballot paper issued at an election—

(i) to result in an elector being misled as to the effect of his vote, or

(ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,]

(d) includes a word or expression prohibited by virtue of section 28(4)(f).

(3) In subsection (2)(a) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).

(4) A registered emblem shall be a black and white representation of the emblem shown in the application.

(5) Where the Commission refuse a request made by a party under this section in relation to an emblem, they shall notify the party of their reasons for refusing the request.

Textual Amendments

F165 S. 29(2)(ca) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 142; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(h) (subject to art. 4, Sch. 2)

Commencement Information

I20 S. 29 wholly in force at 16.2.2001; s. 29 not in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 29 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)

30 Changes to the register. U.K.

(1) A party may apply to the Commission to have its entry in the register altered by—

(a) changing its registered name,

(b) (if registered in the Great Britain register) changing the part or parts of Great Britain in respect of which it is registered,

F166 (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F167 (bb) the addition, alteration, substitution or removal of a description,]

(c) the addition, substitution or removal of an emblem,

(d) the addition or removal of a statement that a party is registered as a party with a campaigns officer, or

(e) the addition of information prescribed under paragraph 6 of Schedule 4 since—

(i) the time when the party applied for registration, or

(ii) if a notification has been previously given under section 32 in relation to the party, the time when the last such notification was given.

(2) Subject to subsections (3) to [F168 (6A)], the Commission shall grant an application under this section.

F169 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Commission shall refuse an application to change a party’s registered name if, in their opinion, any of paragraphs (a) to (f) of section 28(4) apply to the new name.

(4) The Commission shall refuse an application to change the part or parts of Great Britain in respect of which a party is registered if, in their opinion, the change would be likely to result in—

(a) such confusion in relation to the party’s registered name as is mentioned in paragraph (a) of section 28(4),[F170 or

(aa) such confusion in relation to a registered description of the party as is mentioned in paragraph (b) of section 28A(2),] or

(b) such confusion in relation to a registered emblem of the party as is mentioned in paragraph (a) of section 29(2).

[F171 (4A) The Commission shall refuse an application to add a description if—

(a) the party already has 12 descriptions (or such other maximum number of descriptions as is substituted by order under section 28A(6)),

(b) the length of the description exceeds six words, or

(c) in the Commission's opinion, any of paragraphs (a) to (g) of section 28A(2) apply to the description.

(4B) The Commission shall refuse an application to alter a description if the effect of the alteration—

(a) is that the length of the description as altered will exceed six words, or

(b) in their opinion, is that any of paragraphs (a) to (g) of section 28A(2) will apply to the description as altered.

(4C) The Commission shall refuse to substitute a description if—

(a) the length of the new description will exceed six words, or

(b) in their opinion any of paragraphs (a) to (g) of section 28A(2) apply to the new description.

(4D) In the application of subsection (4A)(b), (4B)(a) or (4C)(a) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is registered, for “six words” substitute six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language.]

(5) The Commission shall refuse an application to add an emblem if—

(a) the party already has three registered emblems, or

(b) in the Commission’s opinion, any of paragraphs (a) to (d) of section 29(2) apply to the emblem.

(6) The Commission shall refuse to substitute an emblem if in their opinion any of paragraphs (a) to (d) of section 29(2) apply to the new emblem.

[F172 (6A) If an application under this section for the substitution or removal of a description is granted at any time between—

(a) the date of publication of the notice of election at an election in which there are one or more candidates standing in the name of the party, and

(b) the poll at the election,

the change does not take effect until the day following the poll.]

(7) For the purposes of subsection (3), [F173 (4A), (4B), (4C),](5) or (6)—

(a) section 28(4)(a) and section 28(5),[F174 or

(aa) section 28A(2)(a) and section 28(5) as it applies by virtue of section 28A(3), or

(ab) section 28A(2)(a) as it applies by virtue of section 28B(2),] or

(b) section 29(2)(a) and section 28(5) (as it applies by virtue of section 29(3)),

as the case may be, shall each have effect as if the words “applying to be” were omitted.

(8) Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.

(9) Part II of Schedule 4 applies to applications under this section.

Textual Amendments

F166 S. 30(1)(ba) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F167 S. 30(1)(bb) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(a), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

F168 Word in s. 30(2) substituted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(b), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

F169 S. 30(2A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F170 S. 30(1)(aa) and preceding word inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(c), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

F171 S. 30(4A)-(4D) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(d), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

F172 S. 30(6A) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(e), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

F173 Words in s. 30(7) substituted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(f), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

F174 S. 30(7)(aa)(ab) and preceding word inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 49(2)(g), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 6 (subject to art. 6, Sch. 2)

Commencement Information

I21 S. 30 wholly in force at 16.2.2001; s. 30 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 30 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)

31 Notification of changes in party’s officers etc. U.K.

(1) If at any time any particulars in a party’s entry in the register which relate to any relevant matter cease to be accurate, the person registered as treasurer of the party must give the Commission a notification under this section.

(2) For the purposes of this section “relevant matter” means any of the following—

(a) the name of any registered officer of the party;

(b) the home address of any such officer;

(c) the address of the party’s headquarters (or, if it has no headquarters, the address to which communications to the party may be sent);

(d) the name of the treasurer of any accounting unit of the party or of any officer of such a unit registered for the purposes of section 27(3);

(e) the name of any accounting unit of the party;

(f) the address of the headquarters of any accounting unit of the party (or, if it has no headquarters, the address to which communications to the accounting unit may be sent).

(3) A notification under this section F175 ... must specify the relevant matter in respect of which the registered particulars have ceased to be accurate, and—

(a) if that matter is specified in subsection (2)(a) or (d)—

(i) specify the name of the officer replacing the person currently registered as holder of the office in question, and

(ii) (if that person is so registered as an officer of the party) include an application for the registration of the replacement officer which complies with Part III of Schedule 4; and

(b) otherwise, specify accurate particulars in respect of that matter.

F176 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A notification under this section must be given to the Commission—

(a) where subsection (1) applies by reason of the death or the termination for any other reason of the appointment of any registered officer of the party, within the period of 14 days beginning with the date of his death or the termination of his appointment;

(b) where that subsection applies by reason of any other change in circumstances, within the period of 28 days beginning with the date when the change occurs.

F177 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the Commission receive a notification under this section, they shall cause any change required as a consequence of the notification to be made in the party’s entry in the register as soon as is reasonably practicable.

(6) In the case of a party with accounting units any reference to the party in subsection (2)(c) shall be read as a reference to the central organisation.

(7) For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

Textual Amendments

F175 Words in s. 31(3) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F176 S. 31(3A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F177 S. 31(4)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I22 S. 31 wholly in force at 16.2.2001; s. 31 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 31in 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)

32 Confirmation of registered particulars etc. U.K.

(1) The person registered as treasurer of a party must, [F178 within the specified period], give a notification under this section to the Commission.

[F179 (1A) In subsection (1), “the specified period” means the period—

(a) beginning on the first day of the period within which the statement of accounts for any financial year of the party is required to be delivered to the Commission by virtue of section 45, and

(b) ending six months after the last day of that period.]

(2) A notification under this section must—

(a) state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or

(b) so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—

(i) an application under section 30,

(ii) a notification under section 31, or

(iii) any information so prescribed.

(3) A notification under this section must also give particulars of any change occurring in the party’s constitution (within the meaning of section 26) since the relevant time.

(4) In subsections (2) and (3) “the relevant time” means—

(a) the time when the party applied for registration, or

(b) if a notification has been previously given under this section in relation to the party, the time when the last such notification was given.

(5) A notification under this section must be accompanied by any fee prescribed by order made by the Secretary of State.

(6) For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

Textual Amendments

F178 Words in s. 32(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 50(2), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 10 (subject to art. 4, Sch. 2)

F179 S. 32(1A) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 50(3), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 10 (subject to art. 4, Sch. 2)

Commencement Information

I23 S. 32 wholly in force at 16.2.2001; s. 32 in force at Royal Assent for specified purposes and in force at 14.12.2000 for further specified purposes, see s. 163(3)(4); s. 32 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)

33 Party ceasing to be registered. U.K.

(1) Once a party is registered its entry may only be removed from the register in accordance with subsection (2) [F180 or (2A)].

(2) Where—

(a) a party applies to have its entry removed from the register, and

(b) the application includes a declaration on behalf of the party that it does not intend to have any candidates at any relevant election,

the Commission shall remove the party’s entry from the register.

[F181 (2A) Where the Commission does not receive a notification required by virtue of section 32(1) or 34(3) on or before the specified day, the Commission shall remove the party's entry from the register.

(2B) In subsection (2A) “the specified day” means—

(a) in relation to a notification required by virtue of section 32(1), the last day of the specified period for the purposes of that subsection;

(b) in relation to a notification required by virtue of section 34(3), the day which falls six months after the relevant anniversary of the party's inclusion in the register.

(2C) In subsection (2B)(b), “relevant anniversary” means the anniversary in relation to which the notification is required to be given by virtue of section 34(3).]

(3) On the removal of [F182 a party's entry from the register by virtue of subsection (2) or (2A)] the party shall cease to be a registered party.

(4) However, until [F183 the relevant time]—

(a) the Commission shall, when considering applications made by other parties under this Part, treat the entry as if it were still contained in the register, and

(b) the requirements of Parts III to V shall continue to apply to the party as if it were still registered.

[F184 (4A) In subsection (4), “the relevant time” means—

(a) if—

(i) the party's entry is removed by virtue of subsection (2), and

(ii) its gross income or total expenditure in its financial year preceding the year in which the entry is removed is £25,000 or more,

the end of the financial year of the party which follows that in which the entry is removed;

(b) otherwise, the end of the financial year of the party in which the entry is removed.]

(5) Part IV of Schedule 4 applies to applications [F185 under subsection (2)].

Textual Amendments

F180 Words in s. 33(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 51(2), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 11 (subject to art. 4, Sch. 2)

F181 S. 33(2A)-(2C) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 51(3), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 11 (subject to art. 4, Sch. 2)

F182 Words in s. 33(3) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 51(4), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 11 (subject to art. 4, Sch. 2)

F183 Words in s. 33(4) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 51(5), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 11 (subject to art. 4, Sch. 2)

F184 S. 33(4A) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 51(6), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 11 (subject to art. 4, Sch. 2)

F185 Words in s. 33(5) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 51(7), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 11 (subject to art. 4, Sch. 2)

Commencement Information

I24 S. 33 wholly in force at 16.2.2001; s. 33 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 33 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

34 Registration of minor parties. U.K.

(1) This section applies to any party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d) (referred to in this Act as a “minor party”).

(2) The following provisions do not apply to a minor party—

(a) any provisions of this Part so far as relating to the registration of a treasurer or campaigns officer for a registered party or otherwise referring to a registered treasurer or campaigns officer (or any deputy campaigns officer);

(b) sections 26 and 27; and

(c) section 36;

but this is subject to subsection (8)(a).

(3) The registered leader of a minor party must, in the case of each anniversary of the party’s inclusion in the register, give a notification under this subsection to the Commission within the period beginning one month before the anniversary and ending [F186 six months] after it.

(4) A notification under subsection (3) must—

(a) state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or

(b) so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—

(i) an application under section 30,

(ii) a notification under section 31, or

(iii) any information so prescribed.

(5) In subsection (4) “the relevant time” means—

(a) the time when the party applied for registration, or

(b) if a notification has previously been given under subsection (3) in relation to the party, the time when the last such notification was given;

and for the purposes of subsection (4) any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

(6) A notification under subsection (3) must be accompanied by any fee prescribed by order made by the Secretary of State.

(7) In addition to being able to make an application under section 30, a minor party may apply to the Commission to have—

(a) the declaration mentioned in subsection (1) above cancelled, and

(b) the party’s existing entry in the Great Britain register replaced by such entry or entries (in that or the Northern Ireland register) as accord with a fresh declaration sent by the party to the Commission and falling within section 28(2)(a), (b) or (c).

(8) Where a minor party makes an application under subsection (7)—

(a) the provisions mentioned in subsection (2)(a) and (b) shall apply to the party;

(b) the party must provide the Commission with such information as—

(i) would, by virtue of Schedule 4, be required to be provided in connection with an application by the party under section 28 to be registered in accordance with the fresh declaration mentioned in subsection (7)(b), and

(ii) has not already been provided in connection with its existing registration as a minor party; and

(c) the following provisions, namely—

(i) [F187 sections 28(1)(c) and (3B) to (8C)] and 29, and

(ii) paragraphs 1(2) and 7 of Schedule 4,

shall apply, with any necessary modifications, in relation to the party’s application as if it were such an application under section 28 as is mentioned in paragraph (b)(i).

Textual Amendments

F186 Words in s. 34(3) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 143(2); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(h) (subject to art. 4, Sch. 2)

F187 Words in s. 34(8)(c)(i) substituted (24.11.2022) by Elections Act 2022 (c. 37), ss. 23(5), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(3))

Commencement Information

I25 S. 34 wholly in force at 16.2.2001; s. 34 partly in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(3)(4); s. 34 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)

35 Request by Secretary of State. U.K.

On receipt of a request made by the Secretary of State, the Commission shall send a copy of the Great Britain or Northern Ireland register, or any parts of it specified in the request, to—

(a) the Secretary of State; or

(b) any other person so specified.

Commencement Information

I26 S. 35 wholly in force at 16.2.2001; s. 35 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 35 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

36 Assistance by Commission for existing registered parties. U.K.

(1) The Commission may, in accordance with a scheme prepared by them for the purposes of this section, provide assistance for existing parties with a view to helping them to meet, or to reducing, the expenses falling to be initially incurred by them in order to comply with Parts III and IV.

(2) The assistance which may be so provided to an existing party may take the form of—

(a) a grant to the party, or

(b) the provision of non-financial benefits to the party (such as the provision of computer software free of charge),

or both, as the scheme may determine.

(3) The scheme may provide for an existing party’s entitlement to assistance under this section to depend on the Commission’s being satisfied that the expenses falling to be incurred by the party as mentioned in subsection (1) exceed an amount specified in the scheme.

(4) Any grant under this section may be made subject to such conditions as the Commission consider appropriate.

(5) The total expenditure incurred by the Commission in providing assistance under this section (whether by grants or otherwise) shall not exceed £700,000.

(6) The Commission shall publish the scheme in such manner as they consider appropriate.

(7) In this section “existing party” means any party registered under the M22 Registration of Political Parties Act 1998 at the commencement of this section.

Marginal Citations

M22 1998 c. 48.

Supplemental U.K.

37 Party political broadcasts. U.K.

(1) A broadcaster shall not include in its broadcasting services any party political broadcast made on behalf of a party which is not a registered party.

(2) In this Act “broadcaster” means—

(a) the holder of a licence under the M23 Broadcasting Act 1990 or M24 1996 ,

(b) the British Broadcasting Corporation, or

(c) Sianel Pedwar Cymru.

F188 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F188 S. 37(3) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I27 S. 37 wholly in force at 16.2.2001; s. 37 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 37 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

M23 1990 c. 42.

M24 1996 c. 55.

38 Amendment of parliamentary elections rules. U.K.

(1) The rules set out in Schedule 1 to the Representation of the M25 People Act 1983 (the parliamentary elections rules) shall be amended as follows.

(2) In rule 6 (nomination of candidates), for paragraph (3) there shall be substituted—

“(3) The description, if any, must consist of either—

(a) a description (of not more than 6 words in length) which is authorised as mentioned in rule 6A(1) below; or

(b) the word “Independent” or, where the candidate is the Speaker of the House of Commons seeking re-election, the words “The Speaker seeking re-election”.”

(3) In rule 6A (nomination papers: name of registered political party)—

(a) in paragraph (1), after “unless” there shall be inserted “ the party is a qualifying party in relation to the constituency and ”; and

(b) for paragraph (3) there shall be substituted—

“(3) For the purposes of the application of this rule in relation to an election—

(a) “registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of the election is required to be published by virtue of rule 1 (“the relevant time”);

(b) a registered political party is a qualifying party in relation to a constituency if—

(i) the constituency is in England, Scotland or Wales and the party was at the relevant time registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act, or

(ii) the constituency is in Northern Ireland and the party was at the relevant time registered in the Northern Ireland register maintained under that Part of that Act.”

(4) In the Appendix of Forms, in the form of nomination paper, for “Merchant” there shall be substituted “ Independent ”.

Commencement Information

I28 S. 38 wholly in force at 16.2.2001; s. 38 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 38 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

M25 1983 c. 2.

39 False statements: offence. U.K.

A person commits an offence if—

(a) he knowingly or recklessly makes a statement to the Commission which is false in any material particular, and

(b) the statement is made, or purports to be made, on behalf of a party for any purpose of this Part of this Act.

Commencement Information

I29 S. 39 wholly in force at 16.2.2001; s. 39 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 39 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)

40 Interpretation of Part II. U.K.

(1) In this Part—

• “the appointed day” means the day appointed under section 163(2) for the coming into force of section 23;

• “financial year”, in relation to a registered party, shall be construed in accordance with section 41(6);

• “parish or community election” means an election of councillors for a parish in England or a community in Wales;

• “party” includes any organisation or person;

• “the register” shall be construed in accordance with section 28(10);

• “registered” (unless the context otherwise requires) means registered under this Part (whether in the Great Britain or the Northern Ireland register), and other references to registration shall be construed accordingly;

• “the registrar of companies” means the registrar or other officer who performs the duty of registering companies under the M26 Companies Act 1985;

• “relevant election” shall be construed in accordance with section 22(5).

(2) For the purposes of this Part a registered party contests an election—

(a) by one or more candidates standing for election in the party’s name at the election, or

(b) by the party itself standing nominated at the election.

F189 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 S. 40(3) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I30 S. 40 wholly in force at 16.2.2001; s. 40 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 40 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

M26 1985 c. 6.

Part III U.K. Accounting requirements for registered parties

Accounting records U.K.

41 Duty to keep accounting records. U.K.

(1) The treasurer of a registered party must ensure that accounting records are kept with respect to the party which are sufficient to show and explain the party’s transactions.

(2) The accounting records must be such as to—

(a) disclose at any time, with reasonable accuracy, the financial position of the party at that time; and

(b) enable the treasurer to ensure that any statement of accounts prepared by him under section 42 complies with the requirements of regulations under subsection (2)(a) of that section.

(3) The accounting records must in particular contain—

(a) entries showing from day to day all sums of money received and expended by the party, and the matters in respect of which the receipt and expenditure take place; and

(b) a record of the assets and liabilities of the party.

(4) The treasurer must ensure that any accounting records made for the purposes of this section in respect of the party are preserved for at least six years from the end of the financial year of the party in which they are made.

(5) Where a party ceases to be registered within the period of six years mentioned in subsection (4) as it applies to any accounting records, the obligation to ensure that those records are preserved in accordance with that subsection shall continue to be discharged by the last treasurer of the party unless—

(a) the Commission consent in writing to the records being destroyed, or

(b) the Commission direct in writing that the records may be otherwise disposed of and the records are disposed of in accordance with the direction.

(6) In this Part “financial year”, in relation to a registered party, means such period as may be determined by the Commission under subsection (7), whether in relation to—

(a) registered parties generally,

(b) any description of registered parties which includes the party, or

(c) the party itself.

(7) The Commission may determine that the period which is to be a financial year of a registered party shall be—

(a) a period of twelve months specified by the Commission, or

(b) a shorter period specified by them for any transitional purposes;

and different determinations may be made under this subsection in respect of financial years beginning on different dates.

(8) The Commission shall notify registered parties of any determination under subsection (7) which affects them.

(9) Nothing in this Part applies in relation to a minor party.

Statements of accounts U.K.

42 Annual statements of accounts. U.K.

(1) The treasurer of a registered party shall prepare a statement of accounts in respect of each financial year of the party.

(2) A statement of accounts under this section must—

(a) comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission; and

(b) be approved—

(i) by the management committee of the party, if there is one, and

(ii) otherwise by the registered leader of the party.

(3) Regulations under subsection (2)(a) may in particular—

(a) require any such statement to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;

(b) specify information which is to be provided by way of notes to the accounts.

(4) Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (2)(a) may impose different requirements—

[F190 (a) according to which of the following bands the gross income or total expenditure of a party falls within—

(i) not exceeding £25,000;

(ii) exceeding £25,000 but not £100,000;

(iii) exceeding £100,000 but not £250,000;

(iv) exceeding £250,000;]

(b) in respect of (on the one hand) parties registered in the Great Britain register and (on the other) those registered in the Northern Ireland register.

[F191 (4A) The Secretary of State may by order amend subsection (4)(a) by varying the number of bands set out in it.

(4B) The Secretary of State may not make an order under subsection (4A) except to give effect to a recommendation of the Commission.]

(5) F192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The treasurer of a registered party shall ensure that any statement of accounts prepared under this section in respect of the party is preserved for at least six years from the end of the financial year to which the statement relates.

(7) Subsection (5) of section 41 shall apply in relation to the preservation of any such statement as it applies in relation to the preservation of any accounting records (the references to subsection (4) of that section being read as references to subsection (6) above).

(8) In this Part “gross income” means gross recorded income from all sources.

Textual Amendments

F190 S. 42(4)(a) substituted (11.9.2006 with effect as mentioned in s. 53(4) of the amending Act) by Electoral Administration Act 2006 (c. 22), ss. 53(2), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 14 (subject to art. 4, Sch. 2)

F191 S. 42(4A)(4B) inserted (11.9.2006 with effect as mentioned in s. 53(4) of the amending Act) by Electoral Administration Act 2006 (c. 22), ss. 53(3), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 14 (subject to art. 4, Sch. 2)

F192 S. 42(5) repealed (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(8)(a)(i), 30(2), 31(2)(4), Sch. 5

Commencement Information

I31 S. 42 wholly in force at 1.1.2002; s. 42 partly in force at Royal Assent, see s. 163(3); s. 42 in force in so far as not already in force at 1.1.2002 by S.I. 2001/3526, art. 3

43 Annual audits. U.K.

(1) Where a registered party’s gross income or total expenditure in any financial year exceeds £250,000, the accounts of the party for that year must be audited by a qualified auditor.

(2) Where—

(a) a registered party’s gross income or total expenditure in any financial year does not exceed £250,000, but

(b) the Commission consider it desirable that the accounts of the party for that year should be audited,

the Commission may (at any time) give the treasurer of the party a direction requiring those accounts to be audited by a qualified auditor.

(3) An audit under this section must be carried out—

(a) by the end of the period of six months from the end of the financial year in question, if the audit is required by subsection (1), or

(b) by the later of—

(i) the end of the period of six months from the end of the financial year in question, and

(ii) the end of the period of three months from the date of the direction under subsection (2),

if the audit is required by such a direction.

(4) If it appears to the Commission that any accounts required to be audited by virtue of—

(a) subsection (1), or

(b) a direction under subsection (2),

have not been duly audited by the time mentioned in subsection (3)(a) or (b) (as the case may be), the Commission may appoint a qualified auditor to audit those accounts.

(5) The expenses of any audit carried out by an auditor appointed by the Commission, including the auditor’s remuneration, may be recovered by the Commission from the funds of the party concerned as a debt due to the Commission.

(6) The Commission may by regulations make provision with respect to—

(a) the appointment of auditors to carry out audits under this section;

(b) the duties of auditors so appointed; and

(c) the removal or resignation of such auditors and matters connected with their removal or resignation.

(7) Regulations under subsection (6)(c) may make provision requiring such person as is specified in the regulations to deliver to the Commission, in a case where such an auditor is removed or resigns, a copy of such document relating to the auditor’s removal or resignation as is so specified; and any such person commits an offence if he fails to comply with any such requirement.

(8) Subsection (6)(a) does not apply in relation to the appointment of auditors by the Commission under subsection (4).

Commencement Information

I32 S. 43 wholly in force at 1.1.2002; s. 43 partly in force at Royal Assent, see s. 163(3); s. 43 in force in so far as not already in force at 1.1.2002 by S.I. 2001/3526, art. 3

44 Supplementary provisions about auditors. U.K.

(1) An auditor appointed to carry out an audit under section 43—

(a) has a right of access at all reasonable times to the party’s books, documents and other records; and

(b) is entitled to require from the treasurer or any other officer of the party, or from any former treasurer or officer of the party, such information and explanations as he thinks necessary for the performance of his duty as auditor.

(2) If any person fails to provide an auditor with any access, information or explanation to which the auditor is entitled by virtue of subsection (1), the Commission may give that person such written directions as they consider appropriate for securing that the default is made good.

(3) A person guilty of disobedience to any directions of the Commission under subsection (2) may, on the application of the Commission to the High Court or the Court of Session, be dealt with as for disobedience to an order of that Court.

(4) A person commits an offence if he knowingly or recklessly makes to an auditor appointed to carry out an audit under section 43 a statement (whether written or oral) which—

(a) conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of subsection (1), and

(b) is misleading, false or deceptive in a material particular.

F193 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193 S. 44(5) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

45 Delivery of statements of accounts etc. to Commission. U.K.

(1) The treasurer of a registered party shall, if the party’s accounts for a financial year are not required to be audited by virtue of section 43(1) or (2), within [F194 4 months] of the end of that financial year deliver to the Commission—

(a) the statement of accounts prepared for that year under section 42; and

(b) the notification required to be sent with that statement by virtue of section 32(1).

(2) If a registered party’s accounts for a financial year are required to be audited by virtue of section 43(1) or (2), the treasurer of the party shall, no later than 7 days after the end of the period allowed under section 43(3) for the audit of the accounts, deliver to the Commission—

(a) the documents mentioned in paragraphs (a) and (b) of subsection (1); and

(b) a copy of the auditor’s report (unless the auditor was appointed by the Commission under section 43(4)).

(3) If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this section for delivering a party’s documents within subsection (1) or (2) for any financial year, by notice extend that period by a further period specified in the notice.

(4) Any documents delivered to the Commission under this section shall be kept by the Commission for such period as they think fit.

Textual Amendments

F194 Words in s. 45(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 54, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 15 (subject to art. 4, Sch. 2)

46 Public inspection of parties’ statements of accounts. U.K.

Where the Commission receive any statement of accounts under section 45, they shall—

(a) as soon as reasonably practicable after receiving the statement, make a copy of the statement available for public inspection; and

(b) keep any such copy available for public inspection for the period for which the statement is kept by them or, if they so determine, during such shorter period as they may specify.

47 Criminal penalty for failure to submit proper statement of accounts. U.K.

(1) If in the case of a registered party—

(a) any requirements of regulations under section 42(2)(a) are [F195 , without reasonable excuse,] not complied with in relation to any statement of accounts delivered to the Commission under section 45, or

(b) any statement of accounts, notification or auditor’s report required to be delivered to the Commission under that section is [F196 , without reasonable excuse,] not delivered to them before the end of the relevant period,

the person who was the treasurer of the party immediately before the end of that period is guilty of an offence.

(2) F197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “the relevant period” means the period allowed by section 45(1) or (2) for delivering the statement, notification or report to the Commission or, if that period has been extended (or further extended) under section 45(3), that period as so extended.

Textual Amendments

F195 Words in s. 47(1)(a) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(2)(a), 43; S.I. 2009/3084, art. 4(b) (with art. 5)

F196 Words in s. 47(1)(b) inserted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(2)(b), 43; S.I. 2009/3084, art. 4(b) (with art. 5)

F197 S. 47(2)(3) repealed (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 13(2)(c), 39, 43, Sch. 7; S.I. 2009/3084, art. 4(b)(k) (with art. 5)

Revision of statements of accounts U.K.

48 Revision of defective statements of accounts. U.K.

(1) If it appears to the treasurer of a registered party that any statement of accounts for any financial year of the party has not complied with any requirements of regulations under section 42(2)(a) (“the prescribed requirements”), he may prepare a revised statement of accounts.

(2) Where that statement of accounts has been delivered to the Commission, the revisions shall be confined to—

(a) the correction of those respects in which the statement did not comply with the prescribed requirements, and

(b) the making of any necessary consequential alterations.

(3) If it appears to the Commission that there is, or may be, a question whether any statement of accounts delivered to them under section 45 complies with the prescribed requirements, they may give notice to the treasurer of the party in question indicating the respects in which it appears to them that such a question arises or may arise.

(4) The notice shall specify a period of not less than one month for the treasurer to give the Commission an explanation of the statement of accounts or prepare a revised statement.

(5) If at the end of the specified period, or such longer period as the Commission may allow, it appears to the Commission—

(a) that no satisfactory explanation of the statement of accounts has been given, and

(b) that the statement has not been revised so as to comply with the prescribed requirements,

they may, if they think fit, make an application to the court under subsection (6).

(6) The Commission may under this subsection make an application to the court—

(a) for a declaration or declarator that the statement of accounts does not comply with the prescribed requirements, and

(b) for an order requiring the treasurer of the party to prepare a revised statement of accounts.

(7) If the court orders the preparation of revised accounts, it may—

(a) give such directions as it thinks fit;

(b) order that all or part of the costs (or in Scotland expenses) of and incidental to the application are to be borne by the registered leader and the treasurer of the party.

(8) Where the court makes an order under paragraph (b) of subsection (7) it shall have regard to whether the officers mentioned in that paragraph knew or ought to have known that the statement did not comply with the prescribed requirements, and it may—

(a) order the payment of different amounts by different officers;

(b) exclude one of the officers from the order; or

(c) exclude both officers from the order and instead order the payment of all or part of the costs (or expenses) mentioned in that paragraph out of the funds of the party.

(9) The Commission may by regulations make provision with respect to the application of provisions of this Part in relation to the preparation and auditing of revised statements of accounts, and their delivery to the Commission, and may in particular make provision—

(a) for any matter for which provision may be made by regulations under section 43(6);

(b) for disapplying, to such extent or in such circumstances (or both) as regulations under this subsection may specify, any of the provisions of section 47(1).

(10) Section 46 applies in relation to any revised statement of accounts received by the Commission in accordance with regulations under subsection (9) as it applies in relation to any statement of accounts received by them under section 45.

(11) The provisions of this section apply equally to statements of accounts that have already been revised, in which case the references to revised statements of accounts shall be read as references to further revised statements.

(12) In this section “the court”—

(a) in relation to England and Wales [F198 means the county court and, in] Northern Ireland, means a county court; and

(b) in relation to Scotland, means the sheriff.

F199 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 Words in s. 48(12)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 121(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F199 S. 48(12)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I33 S. 48 wholly in force at 1.1.2002; s. 48 partly in force at Royal Assent, see s. 163(3); s. 48 in force in so far as not already in force at 1.1.2002 by S.I. 2001/3526, art. 3

Parties with accounting units U.K.

49 Division of responsibilities in case of party with accounting units. U.K.

Where a registered party is a party with accounting units, sections 41 to 48 have effect in accordance with Schedule 5, which makes provision for securing that—

(a) financial matters relating to the party exclusive of those relating to any accounting unit, and

(b) financial matters relating to any such unit,

are dealt with separately for the purposes of this Part.

Part IV U.K. Control of donations to registered parties and their members etc.

Modifications etc. (not altering text)

C68 Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 26; S.I. 2016/69, reg. 2

C69 Pt. 4 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2

Chapter I U.K. Donations to registered parties

Modifications etc. (not altering text)

C70 Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

C71 Pt. 4 Chs. 1-3 disapplied (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 2

50 Donations for purposes of Part IV. U.K.

(1) The following provisions have effect for the purposes of this Part.

(2) “Donation”, in relation to a registered party, means (subject to section 52)—

(a) any gift to the party of money or other property;

(b) any sponsorship provided in relation to the party (as defined by section 51);

(c) any subscription or other fee paid for affiliation to, or membership of, the party;

(d) any money spent (otherwise than by or on behalf of the party) in paying any expenses incurred directly or indirectly by the party;

(e) F200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the party (including the services of any person).

(3) Where—

(a) any money or other property is transferred to a registered party pursuant to any transaction or arrangement involving the provision by or on behalf of the party of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the party is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to subsection (5)) constitute a gift to the party for the purposes of subsection (2)(a).

(4) In determining—

(a) F201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purposes of subsection (2)(f), whether any property, services or facilities provided for the use or benefit of a registered party is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the party in respect of F202 . . . the provision of the property, services or facilities.

(5) Where (apart from this subsection) anything would be a donation both by virtue of subsection (2)(b) and by virtue of any other provision of this section, subsection (2)(b) (together with section 51) shall apply in relation to it to the exclusion of the other provision of this section.

(6) Anything given or transferred to any officer, member, trustee or agent of a registered party in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the party (and references to donations received by a party accordingly include donations so given or transferred).

(7) Except so far as a contrary intention appears, references to a registered party in the context of—

(a) the making of donations to, or the receipt or acceptance of donations by, a registered party, or

(b) any provision having effect for or in connection with determining what constitutes a donation to such a party,

shall, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.

(8) In this section—

(a) any reference to anything being given or transferred to a party or any person is a reference to its being so given or transferred either directly or indirectly through any third person;

(b) “gift” includes bequest.

(9) Nothing in this Part applies in relation to donations received by a minor party.

Textual Amendments

F200 S. 50(2)(e) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(2), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F201 S. 50(4)(a) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(3)(a), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F202 Words in s. 50(4)(b) repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 144(3)(b), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C72 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C73 S. 50 modified (1.10.2007 for E.W.S. and 1.11.2007 for N.I.) by Companies Act 2006 (c. 46), ss. 364(4), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

Commencement Information

I34 S. 50 wholly in force at 16.2.2001; s. 50 not in force at Royal Assent, see s. 163(2); s. 50 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

51 Sponsorship. U.K.

(1) For the purposes of this Part sponsorship is provided in relation to a registered party if—

(a) any money or other property is transferred to the party or to any person for the benefit of the party, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

(i) to help the party with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the party, or

(ii) to secure that to any extent any such expenses are not so incurred.

(2) In subsection (1) “defined expenses” means expenses in connection with—

(a) any conference, meeting or other event organised by or on behalf of the party;

(b) the preparation, production or dissemination of any publication by or on behalf of the party; or

(c) any study or research organised by or on behalf of the party.

(3) The following do not, however, constitute sponsorship by virtue of subsection (1)—

(a) the making of any payment in respect of—

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any other charge for access to, any publication;

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication;

and subsection (1) also has effect subject to section 52(3).

(4) The Secretary of State may by order made on the recommendation of the Commission amend subsection (2) or (3).

(5) In this section “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Modifications etc. (not altering text)

C74 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

Commencement Information

I35 S. 51 wholly in force at 16.2.2001; s. 51 in force for specified purposes only at Royal Assent, see s. 163(3); s. 51 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

52 Payments, services etc. not to be regarded as donations. U.K.

(1) For the purposes of this Part none of the following shall be regarded as a donation—

(a) F203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any grant under section 170 of the M27 Criminal Justice and Public Order Act 1994 (security costs at party conferences);

F204 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the transmission by a broadcaster, free of charge, of a party political broadcast or a referendum campaign broadcast (within the meaning of section 127);

(e) any other facilities provided in pursuance of any right conferred on candidates or a party at an election or a referendum by any enactment;

(f) the provision of assistance by a person appointed under section 9 of the M28 Local Government and Housing Act 1989;

(g) the provision by any individual of his own services which he provides voluntarily in his own time and free of charge;

(h) any interest accruing to a registered party in respect of any donation which is dealt with by the party in accordance with section 56(2)(a) or (b).

(2) For the purposes of this Part there shall be disregarded—

(a) any donation which (in accordance with any enactment) falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election; and

(b) F205 . . . any donation whose value (as determined in accordance with section 53) is not more than [F206 £500].

(3) Nothing in section 50 or 51 shall have the result that a payment made in respect of the hire of a stand at a party conference organised by or on behalf of a registered party is to constitute a donation to the party for the purposes of this Part if or to the extent that the payment does not exceed such of the maximum rates which the Commission determine to be reasonable for the hire of stands at party conferences as is applicable to the hire of the stand in question.

F207 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203 S. 52(1)(a) omitted (11.9.2006) and repealed (prosp.) by virtue of Electoral Administration Act 2006 (c. 22), ss. 55(2)(a), 74(2), 77(2), Sch. 2; S.I. 2006/1972, art. 3, Sch. para. 16 (subject to art. 4, Sch. 2)

F204 S. 52(1)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F205 Words in s. 52(2)(b) repealed (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 145, Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(i), 26(3)(a) (subject to art. 4, Sch. 2)

F206 Sum in s. 52(2)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F207 S. 52(4) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Modifications etc. (not altering text)

C75 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

Commencement Information

I36 S. 52 wholly in force at 16.2.2001; s. 52 not in force at Royal Assent, see s. 163(2); s. 52 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

M27 1994 c. 33.

M28 1989 c. 42.

53 Value of donations. U.K.

(1) The value of any donation falling within section 50(2)(a) (other than money) shall be taken to be the market value of the property in question.

(2) Where, however, section 50(2)(a) applies by virtue of section 50(3), the value of the donation shall be taken to be the difference between—

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the party.

(3) The value of any donation falling within section 50(2)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in section 51(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

(4) The value of any donation falling within [F208 section 50(2)(f)] shall be taken to be the amount representing the difference between—

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the party in respect of F209 . . . the provision of the property, services or facilities if—

(i) F209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the party.

(5) Subsection (6) applies where a donation such as is mentioned in subsection (3) confers an enduring benefit on the party during the whole or part of—

(a) any period for which a report is to be prepared under this Part, or

(b) two or more such periods.

(6) In such a case, the amount to be recorded in any such report shall be so much of the total value of the donation (as determined in accordance with subsection (3)) as accrues during the whole or part of the period to which the report relates.

Textual Amendments

F208 Words in s. 53(4) substituted (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 146(2); S.I. 2006/1972, art. 3, Sch. 1 para. 24, 25(m)(ii) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1)

F209 Words in s. 53(4)(a) and s. 53(4)(a)(i) and following word repealed (11.9.2006 for E.W.S. for certain purposes, 1.7.2008 for N.I. and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77(2), Sch. 1 para. 146(3), Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(m)(ii), 26(3)(d) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, arts. 2 (subject to art. 3, Sch. 1)

Modifications etc. (not altering text)

C76 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C77 S. 53 applied (1.10.2007 for E.W.S. for certain purposes, 1.11.2007 for N.I. and 1.10.2008 otherwise) by Companies Act 2006 (c. 46), ss. 364(2)(b)(3)(b), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1), 5(e) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

C78 S. 53 modified (1.10.2007 for E.W.S. and 1.11.2007 for N.I.) by Companies Act 2006 (c. 46), ss. 364(4), 1300(2); S.I. 2007/2194, arts. 2(2), 3(1) (subject to Sch. 1 (as amended by S.I. 2007/3495, art. 10, S.I. 2008/674, Sch. 3 paras. 1, 2 and S.I. 2008/2860, art. 6) and with arts. 9, 12, Sch. 3 (as amended by S.I. 2007/2607, art. 4, S.I. 2007/3495, Sch. 5 para. 2 and S.I. 2008/674, Sch. 3 para. 2(3))

Commencement Information

I37 S. 53 wholly in force at 16.2.2001; s. 53 not in force at Royal Assent, see s. 163(2); s. 53 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Chapter II U.K. Restrictions on donations to registered parties

Modifications etc. (not altering text)

C79 Pt. IV Chapters I-III excluded (temp.from 16.2.2001) by S.I. 2001/446, art. 2

C80 Pt. 4 Chs. 1-3 disapplied (temp. from 16.2.2005) by The Political Parties, Elections and Referendums Act 2000 (Disapplication of Part IV for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299), arts. 1(2), 2

Permissible donations U.K.

54 Permissible donors. U.K.

(1) A donation received by a registered party must not be accepted by the party if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the party, a permissible donor; or

(b) the party is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of that person.

(2) For the purposes of this Part the following are permissible donors—

(a) an individual registered in an electoral register;

(b) a company—

(i) [F210 registered under the Companies Act 2006], and

(ii) incorporated within the United Kingdom F211 ...,

which carries on business in the United Kingdom;

(c) a registered partyF212 ...;

(d) a trade union entered in the list kept under the M29 Trade Union and Labour Relations (Consolidation) Act 1992 or the M30 Industrial Relations (Northern Ireland) Order 1992;

(e) a building society (within the meaning of the M31 Building Societies Act 1986);

(f) a limited liability partnership registered under the M32 Limited Liability Partnerships Act 2000 F213 . . . which carries on business in the United Kingdom;

(g) a friendly society registered under the M33 Friendly Societies Act 1974 [F214 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under] the M34 Industrial and Provident Societies Act (Northern Ireland) 1969; and

(h) any unincorporated association of two or more persons which does not fall within any of the preceding paragraphs but which carries on business or other activities wholly or mainly in the United Kingdom and whose main office is there.

F215 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to a donation in the form of a bequest subsection (2)(a) shall be read as referring to an individual who was, at any time within the period of five years ending with the date of his death, registered in an electoral register.

F216 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a registered party by way of a donation—

(a) on behalf of himself and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than [F217 £500] shall be treated as if it were a separate donation received from that person.

(5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the party, the party is given—

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 2 [F218 or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation; and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 4 of Schedule 6 to be given in respect of a recordable donation.

(6) Where—

(a) any person (“the agent”) causes an amount to be received by a registered party by way of a donation on behalf of another person (“the donor”), and

(b) the amount of that donation is more than [F219 £500] ,

the agent must ensure that, at the time when the donation is received by the party, the party is given all such details in respect of the donor as are required by virtue of paragraph 2 [F218 or 2A] of Schedule 6 to be given in respect of the donor of a recordable donation.

(7) A person commits an offence if, without reasonable excuse, he fails to comply with subsection (5) or (6).

(8) In this section “electoral register” means F220 ...—

(a) a register of parliamentary or local government electors maintained under section 9 of the Representation of the M35 People Act 1983;

F221 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210 Words in s. 24(2)(b)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 185(a) (with arts. 3-5, 10)

F211 Words in s. 54(2)(b)(ii) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F212 Words in s. 54(2)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F213 Words in s. 54(2)(f) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 185(b) (with arts. 3-5, 10)

F214 Words in s. 54(2)(g) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 76 (with Sch. 5)

F215 S. 54(2A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F216 S. 54(3A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F217 Sum in s. 54(4)(b) substituted (1.1.2010) by virtue of Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F218 Words in s. 54(5)(a)(6) inserted (1.11.2007) by The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501, art. 6, Sch. 2 para. 2

F219 Sum in s. 54(6)(b) substituted (1.1.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 20(1), 43; S.I. 2009/3084, art. 4(h)

F220 Words in s. 54(8) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F221 S. 54(8)(b)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Modifications etc. (not altering text)

C81 Ss. 50-69 excluded (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(1)(2), 31(2)

C82 S. 54(2)(c) modified (temp. from 25.9.2006 until 31.10.2007) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2)(a), 11(2)(4), 31(2)

Commencement Information

I38 S. 54 wholly in force at 16.2.2001; s. 54 not in force at Royal Assent, see s. 163(2); s. 54 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II para. 2)

Marginal Citations

M29 1992 c. 52.

M30 S.I. 1992/807 (N.I.5).

M31 1986 c. 53.

M32 2000 c. 12.

M33 1974 c. 46.

M34 1969 c. 24.

M35 1983 c. 2.

Prospective

[F222 54A Declaration as to source of donation U.K.

(1) Where a person (P) causes an amount exceeding £7,500 to be received by a registered party by way of a donation, a written declaration must be given to the party—

(a) by P, if P is an individual, or

(b) if not, by an individual authorised by P to make the declaration,

stating, to the best of the individual's knowledge and belief, whether or not subsection (2) applies to the donation.

(2) This subsection applies to the donation if—

(a) a person other than P has provided, or is expected to provide, money or any other benefit to P with a view to, or otherwise in connection with, the making of the donation, and

(b) the money, or the value of the benefit, is more than £7,500.

(3) Where a declaration under this section contains a statement to the effect that subsection (2) applies to the donation, it must also—

(a) state whether or not, in the opinion of the person making the declaration—

(i) subsection (4) of section 54 applies to the donation;

(ii) subsection (6) of that section applies to it;

(b) if the person's opinion is that neither of those subsections applies to the donation, give the person's reasons for that opinion.

(4) A declaration under this section must also state the full name and address of the person by whom it is made and, where subsection (1)(b) applies—

(a) state that the person is authorised by P to make the declaration;

(b) describe the person's role or position in relation to P.

(5) A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(6) Regulations made by the Secretary of State may make provision as to how the value of a benefit is to be calculated for the purposes of subsection (2).]

Textual Amendments

F222 S. 54A inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 9(2), 43

Prospective

[F223 54B Declaration as to whether residence etc condition satisfied U.K.

(1) An individual making to a registered party a donation in relation to which the condition set out in section 54(2ZA) applies must give to the party a written declaration stating whether or not the individual satisfies that condition.

(2) A declaration under this section must also state the individual's full name and address.

(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.

(4) The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.

(5) The requirement in subsection (1) does not apply where, by reason of section 71B(1)(a), the individual by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.]

Textual Amendments

F223 S. 54B inserted (prosp.) by Political Parties and Elections Act 2009 (c. 12), s. 10(4), 43

55 Payments etc. which are (or are not) to be treated as donations by permissible donors. U.K.

(1) The following provisions have effect for the purposes of this Part.

(2) Any payment out of public funds received by a registered party shall (subject to [F224 section 52(1)(b)]) be regarded as a donation received by the party from a permissible donor.

(3) Any donation received by a registered party shall (if it would not otherwise fall to be so regarded) be regarded as a donation received by the party from a permissible donor if and to the extent that—

(a) the purpose of the donation is to meet qualifying costs incurred or to be incurred in connection with a visit by any member or officer of the party to a country or territory outside the United Kingdom, and

(b) the amount of the donation does not exceed a reasonable amount in respect of such costs.

(4) In subsection (3) “qualifying costs”, in relation to any member or officer of the party, means costs relating to that person in respect of—

(a) travelling between the United Kingdom and the country or territory in question, or

(b) travelling, accommodation or subsistence while within that country or territory.

(5) Any exemp