Part VI

Controls relating to third party national election campaigns
Chapter II

Financial controls

Code of practice relating to controlled expenditure

Code of practice: consultation and procedural requirements
100B
1
The Commission must consult the following on a draft of a code under section 100A
(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.
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)
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)