The Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2008

Statutory Instruments

2008 No. 2869

Political Parties

Donations

The Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2008

Made

4th November 2008

Laid before Parliament

6th November 2008

Coming into force

1st December 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 65(2A) of, paragraphs 2(3B),(3C), 3(2) and 3(3) of Schedule 6, paragraph 2(3) of Schedule 6A, paragraph 10(4A) of Schedule 7, paragraph 10(4) of Schedule 11 and paragraph 10(4) of Schedule 15 to, the Political Parties, Elections and Referendums Act 2000(1):

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2008 and shall come into force on 1st December 2008.

(2) These Regulations do not extend to Northern Ireland.

Revocation

2.  The Political Donations and Regulated Transactions (Anonymous Electors)(England and Wales) Regulations 2006(2) are revoked.

Evidence of anonymous registration

3.  The evidence that an individual has an anonymous entry in an electoral register prescribed for the purposes of section 65(2A) of, paragraphs 2(3B),(3C), 3(2) and 3(3) of Schedule 6, paragraph 2(3) of Schedule 6A, paragraph 10(4A) of Schedule 7, paragraph 10(4) of Schedule 11 and paragraph 10(4) of Schedule 15 to, the Political Parties, Elections and Referendums Act 2000 is a certificate of anonymous registration issued under regulation 45G of the Representation of the People (England and Wales) Regulations 2001(3) or under regulation 45F of the Representation of the People (Scotland) Regulations 2001(4).

Signed by authority of the Secretary of State

Michael Wills

Minister of State

Ministry of Justice

4th November 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

Political donations may only be accepted from an individual if that individual is registered in an electoral register. Similarly, a registered political party may only enter into a regulated transaction (as defined by section 71F of the Political Parties, Elections and Referendums Act 2000 (c.41) as inserted by section 61 of the Electoral Administration Act 2006 (c.22)) with an individual if that individual is registered in an electoral register. The Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2008 prescribe the form of evidence required to establish that a donor who has an anonymous entry in an electoral register is indeed a registered elector.

Regulation 3 states that the prescribed form of evidence is a certificate of anonymous registration issued under regulation 45G of the Representation of the People (England and Wales) Regulations 2001 (S.I.2001/341) or under regulation 45F of the Representation of the People (Scotland) Regulations 2001 (S.I.2001/497).

These Regulations revoke and replace the Political Donations and Regulated Transactions (Anonymous Electors) (England and Wales) Regulations 2006 (S.I.2006/2974) which prescribed the form of evidence required for England and Wales but not for Scotland. These Regulations make provision for the whole of Great Britain.

(1)

2000 c.41; subsection (2A) of section 65, paragraphs 2(3B) and (3C), 3(2) and (3) of Schedule 6, paragraph 10(4A) of Schedule 7, paragraph 10(4) of Schedule 11 and paragraph 10(4) of Schedule 15 were inserted by section 10(2) of, and paragraphs 24 to 30 of Schedule 1 to, the Electoral Administration Act 2006 (c.22); Schedule 6A was inserted by section 61(5) of that Act.

(2)

S.I.2006/2974.

(3)

S.I.2001/341; regulation 45G was inserted by S.I.2006/2910. Other amendments have been made to the Representation of the People (England and Wales) Regulations 2001 but such amendments are not relevant for these purposes.

(4)

S.I.2001/497; regulation 45F was inserted by S.I.2007/925. Other amendments have been made to the Representation of the People (Scotland) Regulations 2001 but such amendments are not relevant for these purposes.