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Explanatory Note

(This note is not part of the Order)

This Order is made under the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the Act”).

The Order brings into force on 1st December 2023 a Code of Practice relating to controls on campaign expenditure by third parties, prepared by the Electoral Commission under section 100A of the Act (“the Code of Practice”). The Electoral Commission will be required to have regard to the Code of Practice in exercising their functions under Part 6 of the Act.

The Code of Practice applies to reserved regulated periods, defined in the Act as periods in relation to which spending limits are imposed. It applies to general elections to the United Kingdom Parliament and elections to the Northern Ireland Assembly, and not to elections to the Welsh Senedd or Scottish Parliament unless the regulated period for either of those elections overlaps with the regulated period for a UK parliamentary general election. The Code provides guidance on matters such as what a non-party campaigner is, what constitutes non-party campaigning, and how different forms of expenditure will be regarded.

The Code of Practice is available at https://www.electoralcommission.org.uk/non-party-campaigner-code-practice, and may be obtained from 3 Bunhill Row, London, EC1 8YZ.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.