http://www.legislation.gov.uk/ukpga/2000/41/schedule/21/2009-07-21Political Parties, Elections and Referendums Act 2000 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.2000-12-07texttext/xmlenStatute Law Database2026-02-262009-07-21 Political Parties, Elections and Referendums Act 2000s. 54(1)(aa)Political Parties and Elections Act 2009s. 9(1)s. 43(1)Political Parties, Elections and Referendums Act 2000s. 54(1)(aa)Political Parties and Elections Act 2009s. 10(1)s. 43(1)Political Parties, Elections and Referendums Act 2000s. 54(2ZA)-(2ZC)Political Parties and Elections Act 2009s. 10(3)s. 43(1)Political Parties, Elections and Referendums Act 2000s. 56(1A)Political Parties and Elections Act 2009s. 10(5)s. 43(1)Political Parties, Elections and Referendums Act 2000s. 56(2)(aa)Political Parties and Elections Act 2009s. 9(3)(b)s. 43(1)Political Parties, Elections and Referendums Act 2000s. 56(3B)Political Parties and Elections Act 2009s. 9(4)s. 43(1)Political Parties, Elections and Referendums Act 2000s. 71H(3ZA)Political Parties and Elections Act 2009Sch. 6 para. 19s. 43(1)Political Parties, Elections and Referendums Act 2000s. 71L(9A)Political Parties and Elections Act 2009s. 11(2)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7 para. 6(1)(aa)Political Parties and Elections Act 2009Sch. 3 para. 1(1)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7 para. 6(1)(aa)Political Parties and Elections Act 2009Sch. 4 para. 1(1)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7 para. 8(1A)Political Parties and Elections Act 2009Sch. 4 para. 2s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7 para. 10(5)(aa)Political Parties and Elections Act 2009Sch. 3 para. 2(5)(b)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7 para. 10(5)(aa)Political Parties and Elections Act 2009Sch. 4 para. 3(3)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7A para. 8(9A)Political Parties and Elections Act 2009s. 11(5)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 7A para. 9(10)(ba)Political Parties and Elections Act 2009s. 11(6)(b)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 11 para. 4(3)Political Parties and Elections Act 2009Sch. 6 para. 29(2)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 11 para. 4(3)Political Parties and Elections Act 2009Sch. 6 para. 29(3)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 11 para. 6(1)(aa)Political Parties and Elections Act 2009Sch. 3 para. 4(1)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 11 para. 6(1)(aa)Political Parties and Elections Act 2009Sch. 4 para. 4(1)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 11 para. 7(2)(aa)Political Parties and Elections Act 2009Sch. 4 para. 5s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 15 para. 4(3) (4)Political Parties and Elections Act 2009Sch. 6 para. 30(2)(b)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 15 para. 4(3)Political Parties and Elections Act 2009Sch. 6 para. 30(3)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 15 para. 6(1)(aa)Political Parties and Elections Act 2009Sch. 3 para. 7(1)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 15 para. 6(1)(aa)Political Parties and Elections Act 2009Sch. 4 para. 7(1)s. 43(1)Political Parties, Elections and Referendums Act 2000Sch. 15 para. 7(2)(aa)Political Parties and Elections Act 2009Sch. 4 para. 8s. 43(1)Political Parties, Elections and Referendums Act 2000s. 8(3)(d)Police Reform and Social Responsibility Act 2011Sch. 10 para. 12s. 157(1) SCHEDULE 21Section 158.1In Part II of the Table at the end of paragraph 3 of the First Schedule to the Public Records Act 1958 (establishments and organisations whose records are public records), insert at the appropriate place—Electoral Commission.2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), insert at the appropriate place—Electoral Commission.3In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—ain Part II (bodies of which all members are disqualified), insert at the appropriate place—The Electoral Commission.; andbin Part III (other disqualifying offices), insert at the appropriate places—Deputy Electoral Commissioners., Assistant Electoral Commissioners., andMember of the staff of the Electoral Commission.4In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership)—ain Part II (bodies of which all members are disqualified), insert at the appropriate place—The Electoral Commission.; andbin Part III (other disqualifying offices), insert at the appropriate places—Deputy Electoral Commissioners., Assistant Electoral Commissioners., andMember of the staff of the Electoral Commission.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61The Representation of the People Act 1983 is amended as follows.2In section 18(5) (polling districts and places at parliamentary elections)—afor “the Secretary of State”, wherever occurring, substitute “ the Electoral Commission ”; andbfor “he thinks fit” substitute “ they think fit ”.3In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute—3A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if—athe services or expenses are of a kind specified in regulations made by the Electoral Commission (“the Commission”) with the consent of the Treasury; andbthe charges are reasonable.4Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.5In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied—athat it was reasonable for the returning officer concerned to render the services or incur the expenses; andbthat the charges in question are reasonable.6Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations.7The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below.8Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission.9On the returning officer’s request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit.10The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer’s charges.11Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund.4In section 47(1) (loan of equipment for local elections), for “the Secretary of State” substitute “ the Electoral Commission ”.5In section 52 (discharge of registration duties), after subsection (1) insert—1AWithout prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—athe software which is to be used in connection with the maintenance of the registers in that form;bthe standards in accordance with which that software is to be maintained and updated;chow information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.6In section 175 (illegal payments etc.), for “illegal payment, employment or hiring”, wherever they occur, substitute “ illegal payment or employment ”.7In section 201 (regulations)—ain subsection (1), omit the words from “and except” to “section 29(8)”;bin subsection (2), for “section 29(8)” substitute “ section 110(7) ”;cafter subsection (2) insert—2AAny regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.; anddin subsection (3), after “the Secretary of State” insert “ , or the Electoral Commission (in the case of any regulations made by them), ”.8In section 202(1) (general definitions), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.9In Schedule 1 (parliamentary elections rules), at the end of rule 14 (publication of statement of persons nominated) insert—5The returning officer shall send to the Electoral Commission—aa copy of the statement; andbin the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 6A above, a copy of that certificate as well.71In regulation 99 of the Representation of the People Regulations 1986 and in regulation 97 of the Representation of the People (Scotland) Regulations 1986 (modification of provisions about expenses in the Act of 1983)—ain paragraph (1), for “subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29” substitute “ subsections (3), (4), (5), (6), (7), (9) and (10) of section 29 ”; andbin paragraph (3), for “the Secretary of State” substitute “ the Electoral Commission ”.2The amendments made by sub-paragraph (1) shall not be taken to prejudice the power to make regulations varying or revoking the amended provisions.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91Section 13 of the Local Government Act 1992 (duty of Local Government Commission for England to conduct reviews) is amended as follows.2For subsections (1) and (1A) (duty to conduct reviews when directed to do so) substitute—1The Secretary of State may direct the Local Government Commission to conduct a review of such areas in England as are specified in the direction or are of a description so specified.1AAA direction under subsection (1) above shall, in respect of each area to which it relates, specify which of the following kinds of changes, namely—astructural changes,bboundary changes, andcelectoral changes,is or are to be considered in the review of that area.1AWhere the Secretary of State gives a direction under subsection (1) above requiring the Local Government Commission to conduct any review, the Local Government Commission shall conduct the review in accordance with this Part and any directions given under it and, in respect of each of the areas to which the direction relates, recommend in the case of each kind of changes required to be considered in the review of the area either—athat the Secretary of State should make such changes of that kind as are specified in the recommendations; orbthat he should make no changes of that kind.3In subsection (1C) (interpretation of subsections (1A) and (1B))—afor “subsections (1A) and (1B)” substitute “ subsection (1B) ”; andbomit paragraph (b) and the “and” preceding it.4Omit subsections (3) and (4) (timing of periodic reviews).10In section 14(8) of that Act (changes that may be recommended), for “section 13(1) above” substitute “ section 13(1A) above ”.11In section 170 of the Criminal Justice and Public Order Act 1994 (security at party conferences), in subsection (5) for “the Registration of Political Parties Act 1998” substitute “ the Political Parties, Elections and Referendums Act 2000 ”.12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131The Scotland Act 1998 is amended as follows.2In section 5(9) (candidates at general elections) for “the Registration of Political Parties Act 1998” substitute “ Part II of the Political Parties, Elections and Referendums Act 2000 ”.3In section 12(2)(c) (power to make provision about elections) omit “and registered political parties”.141The Northern Ireland Act 1998 is amended as follows.2In section 18(13)(a) (Northern Ireland Ministers) for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.3In Schedule 2 (excepted matters), for paragraph 13 substitute—13The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.15In section 4(11) of the Greater London Authority Act 1999 (voting at ordinary elections), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.161Section 10 of the Representation of the People Act 2000 (pilot schemes) is amended as follows.2After subsection (1) insert—1ASubsection (1) applies to proposals falling within that subsection which are submitted by a relevant local authority jointly with the Electoral Commission as if in that subsection—athe first reference to any such authority in paragraph (a), andbthe reference to the authority in paragraph (b)(ii),were each a reference to the authority and the Commission; and, in a case where any such proposals are not jointly so submitted, the Secretary of State must consult the Commission before making an order under that subsection.3In subsection (5)(a), after “the authority concerned” insert “ and to the Electoral Commission ”.4In subsection (6), for “the authority concerned” substitute “ the Electoral Commission ”.5After subsection (6) insert—6AThe report shall be prepared by the Electoral Commission in consultation with the authority concerned; and that authority shall provide the Commission with such assistance as they may reasonably require in connection with the preparation of the report (which may, in particular, include the making by the authority of arrangements for ascertaining the views of voters about the operation of the scheme).6In subsection (7), after “The report shall” insert “ , in particular, ”.7For subsection (10) substitute—10Once the Electoral Commission have prepared the report, they shall send a copy of the report—ato the Secretary of State, andbto the authority concerned,and that authority shall publish the report in their area, in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections in question.171Section 11 of that Act (revision of procedures in the light of pilot schemes) is amended as follows.2At the end of subsection (1) insert—The power of the Secretary of State to make such an order shall, however, be exercisable only on a recommendation of the Electoral Commission.3In subsection (4), for the words from “the report” onwards substitute “ every report under section 10 which relates to a scheme making provision similar to that made by the order. ”181The Local Government Act 2000 is amended as follows.2In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert—3ABefore making any regulations under this section, the Secretary of State shall consult the Electoral Commission.3BIn addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.3In section 45 (conduct of referendums under the Act), after subsection (8) insert—8ABefore making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to—aprovisions which specify the wording of the question to be asked in a referendum, orbprovisions for matters mentioned in subsection (8)(c).8BNo regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—abefore laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, andbwhen so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.8CWhere any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.8DNo regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—abefore laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, andbwhere the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.4In section 45(9), after “(8)” insert “ to (8C) ”.Sch. 21 para. 1 wholly in force at 16.2.2001; Sch. 21 para. 1 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 1 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)Sch. 21 para. 2 wholly in force at 16.2.2001; Sch. 21 para. 2 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 2 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)Sch. 21 para. 3 wholly in force at 16.2.2001; Sch. 21 para. 3 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 3 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)Sch. 21 para. 4 wholly in force at 16.2.2001; Sch. 21 para. 4 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 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)Sch. 21 para. 5 repealed (24.10.2002) by 2002 c. 24, ss. 16, 18(2), Sch. 4Sch. 21 para. 6 partly in force; Sch. 21 para. 6 partly in force at Royal Assent, see s. 163(2)(3); Sch. 21 para. 6(1)(5)(6)(7)(b)(c)(8)(9) in force at 16.2.2001 and s. 6(2)(7)(d) in force at 1.7.2001 by S.I. 2001/222, arts. 2, 4, Sch. 1 Pt. I, Sch. 2 Pt. I (subject to transitional provisions in Sch. 1 Pt. II and with Sch. 2 Pt. II para. 1)Sch. 21 para. 8 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)Sch. 21 para. 9 wholly in force at 16.2.2001; Sch. 21 para. 9 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 9 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)Sch. 21 para. 10 wholly in force at 16.2.2001; Sch. 21 para. 10 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 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)Sch. 21 para. 11 wholly in force at 16.2.2001; Sch. 21 para. 11 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 11 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)Sch. 21 para. 12 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (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.Sch. 21 para. 13 wholly in force at 16.2.2001; Sch. 21 para. 13 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 13 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)Sch. 21 para. 14 wholly in force at 16.2.2001; Sch. 21 para. 14 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 14 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)Sch. 21 para. 15 wholly in force at 16.2.2001; Sch. 21 para. 15 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 15 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)Sch. 21 para. 16 wholly in force at 1.7.2001; Sch. 21 para. 16 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 16 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II paras. 1, 2)Sch. 21 para. 17 wholly in force at 1.7.2001; Sch. 21 para. 17 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 17 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 1)Sch. 21 para. 18 wholly in force at 1.7.2001; Sch. 21 para. 18 not in force at Royal Assent, see s. 163(2); Sch. 21 para. 18 in force at 1.7.2001 by S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 1)