Political Parties, Elections and Referendums Act 2000

[F1 Code of practice relating to controlled expenditure U.K.

Textual Amendments

F1 Ss. 100A, 100B and cross-heading inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 29(1), 67(1); S.I. 2022/1226, reg. 2(c)

100A Code of practice on controlled expenditure U.K.

(1) The Commission must prepare a code of practice about the operation of this Part in relation to a reserved regulated period.

[F2 (1A) The Commission must prepare a code of practice about the operation of this Part in relation to a Welsh devolved regulated period.]

(2) [F3 A code] must in particular set out—

(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses);

(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure;

(c) guidance on determining whether anything provided to or for the use of a third party falls to be dealt with in accordance with section 86 (notional controlled expenditure) or with section 95 and Schedule 11 (donations);

(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties);

(e) guidance about the operation of sections 94D to 94H (targeted controlled expenditure).

(3) The Commission may from time to time revise [F4 a code].

(4) In exercising their functions under this Part, the Commission must have regard to [F5 a code].

(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a reserved regulated period, to show—

(a) that the code, in the form for the time being issued under section 100B, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and

(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.

[F6 (5A) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Welsh devolved regulated period to show—

(a) that the code, in the form for the time being issued under section 100C, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and

(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.]

(6) In this section, “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly).

[F7 (6A) In this section “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (regulated period for general elections to Senedd Cymru).]

(7) Section 100B sets out consultation and procedural requirements relating to the code or any revised code [F8 under subsection (1)].

[F9 (8) Section 100C sets out consultation and procedural requirements relating to the code or any revised code under subsection (1A).]

Textual Amendments

F2 S. 100A(1A) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(a), 72(4); S.I. 2024/1337, art. 2(m)

F3 Words in s. 100A(2) substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(b), 72(4); S.I. 2024/1337, art. 2(m)

F4 Words in s. 100A(3) substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(c), 72(4); S.I. 2024/1337, art. 2(m)

F5 Words in s. 100A(4) substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(d), 72(4); S.I. 2024/1337, art. 2(m)

F6 S. 100A(5A) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(e), 72(4); S.I. 2024/1337, art. 2(m)

F7 S. 100A(6A) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(f), 72(4); S.I. 2024/1337, art. 2(m)

F8 Words in s. 100A(7) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(g), 72(4); S.I. 2024/1337, art. 2(m)

F9 S. 100A(8) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(2)(h), 72(4); S.I. 2024/1337, art. 2(m)

[F10 100AA Code of practice on controlled expenditure: Scottish Parliament elections S

(1) The Commission must prepare a code of practice about the operation of this Part in relation to a Scottish devolved regulated period.

(2) The code must in particular set out—

(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses),

(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure,

(c) guidance on determining whether anything provided to, or for the use of, a third party falls to be dealt with in accordance with—

(i) section 86 (notional controlled expenditure), or

(ii) section 95 and Schedule 11 (donations),

(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties).

(3) The Commission may from time to time revise the code.

(4) In exercising their functions under this Part, the Commission must have regard to the code (but only in so far as it relates to a general election to the Scottish Parliament and does not relate to a reserved matter (within the meaning of the Scotland Act 1998)).

(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Scottish devolved regulated period, to show—

(a) that the code, in the form for the time being issued under section 100BA, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and

(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.

(6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to the Scottish Parliament).

(7) Section 100BA sets out consultation and procedural requirements relating to the code or any revised code.]

Textual Amendments

F10 S. 100AA inserted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 25(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1

100B Code of practice: consultation and procedural requirements U.K.

(1) The Commission must consult the following on a draft of a code under section 100A [F11 (1)] —

(a) the Speaker’s Committee;

(b) the Levelling Up, Housing and Communities Committee;

(c) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), they must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Secretary of State for approval by the Secretary of State.

(3) The Secretary of State may approve a draft code either without modifications or with such modifications as the Secretary of State may determine.

(4) Once the Secretary of State has approved a draft code, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—

(a) in its original form, or

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

(5) If the draft code incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.

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

(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—

(a) the Secretary of State must issue the code in the form of the draft laid before Parliament,

(b) the Commission must arrange for the code to be published in such manner as they consider appropriate, and

(c) the code comes into force on such day as the Secretary of State may by order appoint.

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10) In this section, “the 40-day period”, in relation to a draft code, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (1)(b) 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 (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.]

Textual Amendments

F11 Word in s. 100B(1) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(3), 72(4); S.I. 2024/1337, art. 2(m)

[F12 100BA Code of Practice on controlled expenditure for Scottish Parliament elections: consultation and procedural requirements S

(1) The Commission must consult the following on a draft of a code under section 100AA(1)—

(a) the Scottish Parliament,

(b) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Scottish Ministers for approval by them.

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

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

(a) in its original form, or

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

(5) If the draft code incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.

(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 it.

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

(8) If no resolution of the kind mentioned in subsection (6) 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,

(b) the code comes into force on the date appointed by the Scottish Ministers by order, and

(c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

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

Textual Amendments

F12 S. 100BA inserted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 25(3), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1

[F13 100C Code of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections U.K.

(1) The Commission must consult the following on a draft of a code under section 100A(1A)—‍

(a) Senedd Cymru (“the Senedd”);

(b) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Welsh Ministers for approval by the Welsh Ministers.

(3) The Welsh Ministers may approve a draft code either without modifications or with such modifications as the Welsh Ministers may determine.

(4) Once the Welsh Ministers have approved a draft code, they must lay a copy of the draft before‍ the Senedd, whether—

(a) in its original form, or

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

(5) If the draft code incorporates modifications, the Welsh Ministers must at the same time lay before the Senedd a statement of their reasons for making them.

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

(7) Subsection (6) does not prevent a new draft code from being laid before the Senedd.

(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—

(a) the Welsh Ministers must issue the code in the form of the draft laid before the Senedd,

(b) the code comes into force on the date appointed by the Welsh Ministers by order, and

(c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Senedd, no account being taken of any period during which the Senedd is dissolved or is in recess for more than four days.]

Textual Amendments

F13 S. 100C inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 38(4), 72(4); S.I. 2024/1337, art. 2(m)