Part X

Miscellaneous and general

Enforcement of Act

Duties of Commission with respect to ... compliance with controls imposed by the Act etc.
145
1
The Commission must monitor, and take all reasonable steps to secure, compliance with—
a
the restrictions and other requirements imposed by or by virtue of —
i
sections 24, 31 and 34,
ii
Parts 3 to 7, and
iii
sections 143 and 148; and
b
the restrictions and other requirements imposed by other enactments in relation to—
i
election expenses incurred by or on behalf of candidates at elections, or
ii
donations to such candidates or their election agents.
2
Subsection (1)(b) does not apply in relation to local government elections in Scotland unless and to the extent that the Scottish Ministers by order so provide.
3
For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
4
Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (2) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
5
The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
6
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2).
6A
The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—
a
what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;
b
what it is desirable to do (or avoid doing) in view of the purpose of the requirement.
6B
Each report by the Commission under paragraph 20 of Schedule 1 shall set out the steps the Commission have taken during the year in question to secure compliance with the restrictions and other requirements mentioned in subsection (1).
7
In this section , section 148 and Schedule 19B —
- “election” means a relevant election for the purposes of Part II;
- “election agent” includes a sub-agent.
S. 145 wholly in force at 16.2.2001; s. 145 partly in force at Royal Assent, see s. 163(3); s. 145 in force in so far as not already 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. 145(6A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 1(3), 43(1)(5)(a)
Word in s. 145 heading repealed (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 7; S.I. 2010/2866, art. 3(d)(h)
Words in s. 145(7) substituted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 6 para. 22; S.I. 2010/2866, art. 3(d)(g)
Word in s. 145 heading substituted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(2), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
S. 145(6B) inserted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(4), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
Words in s. 145(1) substituted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(3)(a), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)
Words in s. 145(1)(a) substituted (23.5.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(3)(b), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)