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Political Parties and Elections Act 2009

Political Parties and Elections Act 2009

2009 CHAPTER 12

Commentary on Sections

Part 1: the Electoral Commission

Section 2: Investigatory powers of the Commission

11.Subsection (1) of this section substitutes a new section 146 of the 2000 Act (investigatory powers of the Commission). This new section gives effect to new Schedule 19B which is inserted into the 2000 Act by subsection (2). Schedule 1 to the Act contains new Schedule 19B. Schedule 19B provides the Commission with powers to enable them to require access to information for certain purposes (including where it is conducting an investigation into a potential criminal offence) and, in relation to limited categories of individual or body and only after obtaining a warrant from a magistrate, to enter premises to inspect and make copies of relevant documents in circumstances where they are not conducting any criminal investigation. Subsection (3) makes provision as to the penalties for offences under the new Schedule.

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