Part 7

Regulation of parties

Regulation of loans etc.

Regulation of loans: power to make provision for candidates, third parties , referendums and recall petitions
62
1
The Secretary of State may by order make in relation to a relevant matter such provision as he thinks appropriate which corresponds to or is similar to any provision of Part 4A of or Schedule 7A to the 2000 Act (the relevant transaction provisions).
2
A relevant matter is a loan, credit facility or any form of security (whether real or personal) which benefits—
a
a candidate at a relevant election;
b
a recognised third party;
c
a permitted participant in a referendum.
d
an accredited campaigner in relation to a recall petition.
3
An order under this section may—
a
amend or repeal any enactment (whenever passed);
b
create an offence corresponding or similar to any offence created by the relevant transaction provisions;
c
confer power on the Secretary of State to make provision by order corresponding to any such power in the relevant transaction provisions;
d
make different provision for different purposes;
e
make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.
3A
The provision that may be made by virtue of subsection (3)(e) includes, in particular, provision amending paragraph 1 of Schedule 19A to the 2000 Act (requirement for unincorporated associations to notify Commission of political contributions over £25,000) so that, in the case of a
relevant person
, a “
political contribution
” includes a relevant matter.
3B
In subsection (3A) “
a relevant person
” means—
a
a recognised third party,
b
a permitted participant in a referendum, or
c
an accredited campaigner in relation to a recall petition.
4
An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order—
a
to be made by statutory instrument;
b
not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.
5
Subsection (4) does not apply to any power to make provision determining a rate of interest.
6
The power to make an order under this section is exercisable by statutory instrument.
7
No such order may be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.
8
In this section—
- “
accredited campaigner
” has the same meaning as in Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);
“candidate”—
  1. in relation to a police and crime commissioner election, is to be construed in accordance with subsection (8A), and
  2. in relation to any other relevant election, has the same meaning as in Part 2 of the
1983 Act
;
- “credit facility” must be construed in accordance with section 71F(11) of the 2000 Act;
...
- “permitted participant” has the same meaning as in Part 7 of the 2000 Act;
- “police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;
- “
recall petition
” has the same meaning as in the Recall of MPs Act 2015 (see section 1(2) of that Act);
- “
recognised third party
” has the same meaning as in Part 6 of that Act.
- “relevant election” means—
  1. an election within the meaning of the
1983 Act
, or
  2. a police and crime commissioner election.
8A
For the purposes of this section, a person becomes a candidate at a police and crime commissioner election—
a
on the last day for publication of notice of the election if on or before that day the person is declared by himself or herself or by others to be a candidate at the election, and
b
otherwise, on the day on which the person is so declared by himself or herself or by others or on which the person is nominated as a candidate at the election (whichever is the earlier).
9
An order under this section must not make provision which is within the legislative competence of the Scottish Parliament.
10
Subsection (9) does not apply to provision made by virtue of subsection (3)(e).
S. 62 wholly in force at 1.7.2008; s. 62 not in force at Royal Assent see s. 77; s. 62 in force for E.W.S. at 11.9.2006 by S.I. 2006/1972, art. 3, Sch. 1 para. 20 (as substituted by S.I. 2006/2268, art. 3) (subject to S.I. 2006/1972, art. 4, Sch. 2); s. 62 in force for N.I. at 1.7.2008 by S.I. 2008/1656, art. 2(1)(2)(b) (subject to art. 3, Sch.)
S. 62(8A) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 25(4)
Words in s. 62(2)(a) substituted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 25(2)
Words in s. 62(8) substituted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 25(3)(a)
Words in s. 62(8) omitted (25.7.2012) by virtue of The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 25(3)(b)
Words in s. 62(8) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 25(3)(c)
s. 62(3A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (2009 c.12), s.19(4), 43(5)(c)
Words in reg. 62 heading substituted (26.3.2015) by Recall of MPs Act 2015 (c. 25), ss. 17(2), 24(1)(c)
S. 62(3B) inserted (26.3.2015) by Recall of MPs Act 2015 (c. 25), ss. 17(5), 24(1)(c)
Words in s. 62(3A) substituted (26.3.2015) by Recall of MPs Act 2015 (c. 25), ss. 17(4), 24(1)(c)
S. 62(2)(d) inserted (26.3.2015) by Recall of MPs Act 2015 (c. 25), ss. 17(3), 24(1)(c)
Words in s. 62(8) inserted (26.3.2015) by Recall of MPs Act 2015 (c. 25), ss. 17(6), 24(1)(c)