Section 150.
Provision creating offence | Penalty
Section 24(8) (registration as treasurer where convicted of certain offences) | On summary conviction: Level 5
Section 39 (false statements) | On summary conviction: Level 5
Section 43(7) (failure to deliver statement relating to auditor’s resignation etc) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 44(4) (making false statement to auditor) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 47(1)(a) (failure to deliver proper statement of accounts) | On summary conviction: Level 5
Section 47(1)(b) (failure to deliver accounts within time limits) | On summary conviction: Level 5
Section 54(7) (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 56(3) or (4) (failure to return donations) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 61(1) (facilitating the making of donations by impermissible donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 61(2)(a) (knowingly giving treasurer false information about donations) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 61(2)(b) (withholding information about donations from treasurer with intent to deceive) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 65(3) (failure to deliver donation reports to Commission within time limits) | On summary conviction: Level 5
Section 65(4) (failure to comply with requirements for recording donations in donation report) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 66(5) (making a false declaration about donation report) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
. . . | . . .
Section 71E(5) (disclosing Northern Ireland donation reports) | On summary conviction in England and Wales: statutory maximum or 51 weeks On summary conviction elsewhere: statutory maximum or 6 months
Section 71L(1) (registered party entering into regulated transaction with unauthorised participant) | On summary conviction: statutory maximum On indictment: fine
Section 71L(2) (treasurer of party entering into regulated transaction with unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Section 71L(3) (party liable if treasurer fails to repay money obtained under regulated transaction with unauthorised participant) | On summary conviction: statutory maximum On indictment: fine
Section 71L(4) (treasurer failing to repay money obtained under regulated transaction with unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Section 71L(5) (party benefiting from connected transaction to which an unauthorised participant is a party) | On summary conviction: statutory maximum On indictment: fine
Section 71L(6) (treasurer of registered party which benefits from connected transaction to which an unauthorised participant is a party) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Section 71L(7) (party liable if treasurer fails to repay benefit obtained in consequence of security given by unauthorised participant) | On summary conviction: statutory maximum On indictment: fine
Section 71L(8) (treasurer failing to repay benefit obtained in consequence of security given by unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Section 71L(9) (facilitating a regulated transaction involving unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Section 71S(4) (failure to deliver transaction reports to Commission within time limits) | On summary conviction: Level 5
Section 71S(5) (failure to comply with requirements for recording transactions in transaction report) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Section 71T(5) (making a false declaration about transaction report) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year.
Section 71Z4(5)(disclosing Northern Ireland transaction reports) | On summary conviction in England and Wales: Level 5 or 51 weeks On summary conviction elsewhere: Level 5 or 6 months
Section 73(8) (making a false declaration about value of property etc.) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 74(4) (acceptance by ineligible person of office of deputy treasurer) | On summary conviction: Level 5
Section 75(2) (incurring campaign expenditure without authority) | On summary conviction: Level 5
Section 76(4)(a) (making payments in respect of campaign expenditure without authority) | On summary conviction: Level 5
Section 76(4)(b) (failure to notify treasurer of payments in respect of campaign expenditure) | On summary conviction: Level 5
Section 77(3)(a) (paying claim in respect of campaign expenditure where failure to comply with procedure) | On summary conviction: Level 5
Section 77(3)(b) (paying claim in respect of campaign expenditure outside specified time period) | On summary conviction: Level 5
Section 79(2) (exceeding limits on campaign expenditure) | On summary conviction: statutory maximum On indictment : fine
Section 82(4)(a) (failure of treasurer to deliver return and auditor’s report to Commission) | On summary conviction: Level 5
Section 82(4)(b) (failure to comply with requirements for returns) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 82(4)(c) (failure of treasurer to deliver return and court order to Commission) | On summary conviction: Level 5
Section 83(3)(a) (making a false declaration to Commission when delivering return) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 83(3)(b) (failure to deliver signed declaration with return to Commission) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 86(8) (making false declaration about value of property etc) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 89A(4) or (5) (incurring controlled expenditure in contravention of section 89A(1)) | On summary conviction in England and Wales: fine On summary conviction in Scotland or Northern Ireland: statutory maximum On indictment: fine
Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89AA(1)) | On summary conviction in England and Wales: fine
On indictment: fine
Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89B(1)) | On summary conviction in Scotland: statutory maximum
On indictment in Scotland: fine
Section 90(2) (incurring controlled expenditure without authority) | On summary conviction: level 5
Section 91(4)(a) (making payments in respect of controlled expenditure without authority) | On summary conviction: Level 5
Section 91(4)(b) (failure to notify responsible person of payments in respect of controlled expenditure) | On summary conviction: Level 5
Section 92(3)(a) (paying claim in respect of controlled expenditure where failure to comply with procedure) | On summary conviction: Level 5
Section 92(3)(b) (paying claim in respect of controlled expenditure outside specified time period) | On summary conviction: Level 5
Section 94(2) or (4) (exceeding limits on controlled expenditure) | On summary conviction: statutory maximum On indictment : fine
Section 94E(2) or (3) (exceeding limits on targeted controlled expenditure when not authorised) | On summary conviction: statutory maximum
On indictment: fine
Section 94F(6) (making false declaration about amount of expenditure incurred by or on behalf of third party and targeted at the registered party) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 95C(1)(a) (failure of responsible person to deliver quarterly or weekly report to Commission) | On summary conviction: Level 5
Section 95C(1)(b) (failure to deliver signed declaration with quarterly or weekly report to the Commission) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 95C(1)(c) (failure to comply with requirements for quarterly or weekly reports) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 95C(2) (making a false declaration to Commission when delivering quarterly or weekly report) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 98(4)(a) (failure of responsible person to deliver return and auditor’s report to Commission) | On summary conviction: Level 5
Section 98(4)(aa) (failure of responsible person to deliver statement of accounts and auditor's report to Commission) | On summary conviction: Level 5
Section 98(4)(b) (failure to comply with requirements for returns) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 98(4)(ba) (failure to comply with requirements for statements of accounts) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 98(4)(c) (failure to deliver return and court order to Commission) | On summary conviction: Level 5
Section 99(4)(a) (making a false declaration to Commission when delivering return) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 99(4)(b) (failure to deliver signed declaration with return to Commission) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 99A(3)(a) (making a false declaration to Commission when delivering statement of accounts) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 99A(3)(b) (failure to deliver signed declaration with statement of accounts to Commission) | On summary conviction: statutory maximum or 6 months
On indictment: fine or 1 year
Section 112(8) (making a false declaration about value of property etc) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 113(2) (incurring referendum expenses without authority) | On summary conviction: Level 5
Section 114(4)(a) (making payments in respect of referendum expenses without authority) | On summary conviction: Level 5
Section 114(4)(b) (failure to notify responsible person of payments in respect of referendum expenses) | On summary conviction: Level 5
Section 115(3)(a) (paying claim in respect of referendum expenses where failure to comply with procedure) | On summary conviction: Level 5
Section 115(3)(b) (paying claim in respect of referendum expenses outside specified time period) | On summary conviction: Level 5
Section 117(2) (individual (other than permitted participant) exceeding limits on referendum expenses) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 117(3) or (4) (body (other than permitted participant) exceeding limits on referendum expenses) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 118(2) (permitted participant exceeding limits on referendum expenses) | On summary conviction: statutory maximum On indictment : fine
Section 122(4)(a) (failure to deliver return and auditor’s report to Commission) | On summary conviction: Level 5
Section 122(4)(b) (failure to comply with requirements for returns) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 122(4)(c) (failure to deliver return and court order to Commission) | On summary conviction: Level 5
Section 123(4)(a) (making a false declaration to Commission when delivering return) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 123(4)(b) (failure to deliver signed declaration with return to Commission) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 126(8) or (9) (printing or publishing referendum material without details of printer or publisher) | On summary conviction: Level 5
Section 143(8) or (9) (printing or publishing election material without details of printer or publisher) | On summary conviction: Level 5
. . . | . . .
. . . | . . .
Section 148(1) (alteration of documents etc.) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 148(2)(a) (failure to supply relevant person with information) | On summary conviction: Level 5
Section 148(2)(b) (supplying relevant person with false information) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Section 148(3) (withholding information from relevant person with intent to deceive) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Paragraph 1B of Schedule 7 (failure by members association to comply with requirement to appoint responsible person) | On summary conviction: Level 5
Paragraph 6(5) of Schedule 7 (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Paragraph 12(1) of Schedule 7 (failure to deliver donation report to Commission within time limit) | On summary conviction: Level 5
Paragraph 12(2) of Schedule 7 (failure to comply with requirements for recording donations in donation reports) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Paragraph 13(4) of Schedule 7 (making a false declaration about donation report) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
. . . | . . .
Paragraph 17(4) of Schedule 7 (knowingly giving compliance officer false information about donations) | On summary conviction in England and Wales or Scotland: statutory maximum or the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland) On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year
Paragraph 8(1) of Schedule 7A (individual regulated participant knowingly enters controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(2) of Schedule 7A (responsible person of members association which enters controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(3) of Schedule 7A (individual regulated participant failing to repay money obtained under controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(4) of Schedule 7A (responsible person failing to repay money obtained by members association under controlled transaction with unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(5) of Schedule 7A (individual regulated participant knowingly benefits from connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(6) of Schedule 7A (responsible person of members association which knowingly benefits from connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(7) of Schedule 7A (individual regulated participant failing to repay value of benefit obtained in consequence of connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(8) of Schedule 7A (responsible person failing to repay value of benefit obtained by members association in consequence of connected transaction involving unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 8(9) of Schedule 7A (facilitating controlled transaction involving unauthorised participant) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 12(1) of Schedule 7A (failure to deliver transaction report to Commission within time limit) | On summary conviction: Level 5
Paragraph 12(2) of Schedule 7A (failure to comply with requirements for recording transactions on transaction reports) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 13(4) of Schedule 7A (making a false declaration about a transaction report) | On summary conviction: statutory maximum or the general limit in a magistrates’ court On indictment: fine or 1 year
Paragraph 6(7) of Schedule 11 (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months On indictment : fine or 1 year
Paragraph 6(8) of Schedule 15 (failure to provide information about donors) | On summary conviction: statutory maximum or 6 months: On indictment : fine or 1 year
Paragraph 6(1) of Schedule 19A (failure to give notification or report within specified period) | On summary conviction: Level 5
Paragraph 6(2) of Schedule 19A (giving notification or report that fails to comply with requirements of that Schedule) | On summary conviction in England and Wales or Scotland: statutory maximum or the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland) On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year
Paragraph 6(3) of Schedule 19A (making false declaration in notification or report) | On summary conviction in England and Wales or Scotland: statutory maximum or the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland) On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year
Paragraph 13(1) of Schedule 19B (failure to comply with investigation requirement) | On summary conviction: Level 5
Paragraph 13(2) of Schedule 19B (intentional obstruction of person exercising investigatory power) | On summary conviction: Level 5
Paragraph 13(3) of Schedule 19B (providing false information in purported compliance with investigation requirement) | On summary conviction in England and Wales or Scotland: statutory maximum or the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland) On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year
Paragraph 14 of Schedule 19C (failure to comply with stop notice) | On summary conviction in England and Wales: fine or the general limit in a magistrates’ court On summary conviction in Scotland: £20,000 or 12 months On summary conviction in Northern Ireland: £20,000 or 6 months On indictment: fine or 2 years
Section 158.
Public Records Act 1958 (c.51)
1 In Part II of the Table at the end of paragraph 3 of the First Schedule to the Public Records Act 1958 (establishments and organisations whose records are public records), insert at the appropriate place—
Electoral Commission.
Parliamentary Commissioner Act 1967 (c.13)
2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), insert at the appropriate place—
Electoral Commission.
House of Commons Disqualification Act 1975 (c.24)
3 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—
(a) in Part II (bodies of which all members are disqualified), insert at the appropriate place—
The Electoral Commission.
;
and
(b) in Part III (other disqualifying offices), insert at the appropriate places—
Deputy Electoral Commissioners.
,
Assistant Electoral Commissioners.
,
and
Member of the staff of the Electoral Commission.
Northern Ireland Assembly Disqualification Act 1975 (c.25)
4 In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership)—
(a) in Part II (bodies of which all members are disqualified), insert at the appropriate place—
The Electoral Commission.
;
and
(b) in Part III (other disqualifying offices), insert at the appropriate places—
Deputy Electoral Commissioners.
,
Assistant Electoral Commissioners.
,
and
Member of the staff of the Electoral Commission.
European Parliamentary Elections Act 1978 (c.10)
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Representation of the People Act 1983 (c.2)
6 (1) The Representation of the People Act 1983 is amended as follows.
(2) In section 18(5) (polling districts and places at parliamentary elections)—
(a) for “the Secretary of State”, wherever occurring, substitute “ the Electoral Commission ”; and
(b) for “he thinks fit” substitute “ they think fit ”.
(3) In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute—
(3) A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if—
(a) the services or expenses are of a kind specified in regulations made by the Electoral Commission (“the Commission”) with the consent of the Treasury; and
(b) the charges are reasonable.
(4) Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.
(5) In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied—
(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses; and
(b) that the charges in question are reasonable.
(6) Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations.
(7) The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below.
(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission.
(9) On the returning officer’s request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit.
(10) The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer’s charges.
(11) Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund.
(4) In section 47(1) (loan of equipment for local elections), for “the Secretary of State” substitute “ the Electoral Commission ”.
(5) In section 52 (discharge of registration duties), after subsection (1) insert—
(1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—
(a) the software which is to be used in connection with the maintenance of the registers in that form;
(b) the standards in accordance with which that software is to be maintained and updated;
(c) how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.
(6) In section 175 (illegal payments etc.), for “illegal payment, employment or hiring”, wherever they occur, substitute “ illegal payment or employment ”.
(7) In section 201 (regulations)—
(a) in subsection (1), omit the words from “and except” to “section 29(8)”;
(b) in subsection (2), for “section 29(8)” substitute “ section 110(7) ”;
(c) after subsection (2) insert—
(2A) Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
;
and
(d) in subsection (3), after “the Secretary of State” insert “ , or the Electoral Commission (in the case of any regulations made by them), ”.
(8) In section 202(1) (general definitions), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.
(9) In Schedule 1 (parliamentary elections rules), at the end of rule 14 (publication of statement of persons nominated) insert—
(5) The returning officer shall send to the Electoral Commission—
(a) a copy of the statement; and
(b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 6A above, a copy of that certificate as well.
Broadcasting Act 1990 (c.42)
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1992 (c.19)
9 (1) Section 13 of the Local Government Act 1992 (duty of Local Government Commission for England to conduct reviews) is amended as follows.
(2) For subsections (1) and (1A) (duty to conduct reviews when directed to do so) substitute—
(1) The Secretary of State may direct the Local Government Commission to conduct a review of such areas in England as are specified in the direction or are of a description so specified.
(1AA) A direction under subsection (1) above shall, in respect of each area to which it relates, specify which of the following kinds of changes, namely—
(a) structural changes,
(b) boundary changes, and
(c) electoral changes,
is or are to be considered in the review of that area.
(1A) Where the Secretary of State gives a direction under subsection (1) above requiring the Local Government Commission to conduct any review, the Local Government Commission shall conduct the review in accordance with this Part and any directions given under it and, in respect of each of the areas to which the direction relates, recommend in the case of each kind of changes required to be considered in the review of the area either—
(a) that the Secretary of State should make such changes of that kind as are specified in the recommendations; or
(b) that he should make no changes of that kind.
(3) In subsection (1C) (interpretation of subsections (1A) and (1B))—
(a) for “subsections (1A) and (1B)” substitute “ subsection (1B) ”; and
(b) omit paragraph (b) and the “and” preceding it.
(4) Omit subsections (3) and (4) (timing of periodic reviews).
10 In section 14(8) of that Act (changes that may be recommended), for “section 13(1) above” substitute “ section 13(1A) above ”.
Criminal Justice and Public Order Act 1994 (c.33)
11 In section 170 of the Criminal Justice and Public Order Act 1994 (security at party conferences), in subsection (5) for “the Registration of Political Parties Act 1998” substitute “ the Political Parties, Elections and Referendums Act 2000 ”.
Government of Wales Act 1998 (c.38)
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scotland Act 1998 (c.46)
13 (1) The Scotland Act 1998 is amended as follows.
(2) In section 5(9) (candidates at general elections) for “the Registration of Political Parties Act 1998” substitute “ Part II of the Political Parties, Elections and Referendums Act 2000 ”.
(3) In section 12(2)(c) (power to make provision about elections) omit “and registered political parties”.
Northern Ireland Act 1998 (c.47)
14 (1) The Northern Ireland Act 1998 is amended as follows.
(2) In section 18(13)(a) (Northern Ireland Ministers) for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.
(3) In Schedule 2 (excepted matters), for paragraph 13 substitute—
13 The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).
This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.
Greater London Authority Act 1999 (c.29)
15 In section 4(11) of the Greater London Authority Act 1999 (voting at ordinary elections), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.
Representation of the People Act 2000 (c.2)
16 (1) Section 10 of the Representation of the People Act 2000 (pilot schemes) is amended as follows.
(2) After subsection (1) insert—
(1A) Subsection (1) applies to proposals falling within that subsection which are submitted by a relevant local authority jointly with the Electoral Commission as if in that subsection—
(a) the first reference to any such authority in paragraph (a), and
(b) the reference to the authority in paragraph (b)(ii),
were each a reference to the authority and the Commission; and, in a case where any such proposals are not jointly so submitted, the Secretary of State must consult the Commission before making an order under that subsection.
(3) In subsection (5)(a), after “the authority concerned” insert “ and to the Electoral Commission ”.
(4) In subsection (6), for “the authority concerned” substitute “ the Electoral Commission ”.
(5) After subsection (6) insert—
(6A) The report shall be prepared by the Electoral Commission in consultation with the authority concerned; and that authority shall provide the Commission with such assistance as they may reasonably require in connection with the preparation of the report (which may, in particular, include the making by the authority of arrangements for ascertaining the views of voters about the operation of the scheme).
(6) In subsection (7), after “The report shall” insert “ , in particular, ”.
(7) For subsection (10) substitute—
(10) Once the Electoral Commission have prepared the report, they shall send a copy of the report—
(a) to the Secretary of State, and
(b) to the authority concerned,
and that authority shall publish the report in their area, in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections in question.
17 (1) Section 11 of that Act (revision of procedures in the light of pilot schemes) is amended as follows.
(2) At the end of subsection (1) insert—
The power of the Secretary of State to make such an order shall, however, be exercisable only on a recommendation of the Electoral Commission.
(3) In subsection (4), for the words from “the report” onwards substitute “ every report under section 10 which relates to a scheme making provision similar to that made by the order. ”
Local Government Act 2000 (c.22)
18 (1) The Local Government Act 2000 is amended as follows.
(2) In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert—
(3A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.
(3B) In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
(3) In section 45 (conduct of referendums under the Act), after subsection (8) insert—
(8A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to—
(a) provisions which specify the wording of the question to be asked in a referendum, or
(b) provisions for matters mentioned in subsection (8)(c).
(8B) No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—
(a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and
(b) when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.
(8C) Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.
(8D) No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—
(a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and
(b) where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.
(4) In section 45(9), after “(8)” insert “ to (8C) ”.
Section 158.
Chapter | Short title | Extent of repeal
1975 c. 24. | House of Commons Disqualification Act 1975. | In Part III of Schedule 1, the entry relating to Boundary Commissioners and assistant Commissioners appointed under Schedule 1 to the Parliamentary Constituencies Act 1986.
1975 c. 25. | Northern Ireland Assembly Disqualification Act 1975. | In Part III of Schedule 1, the entry relating to Boundary Commissioners and Assistant Boundary Commissioners appointed under Schedule 1 to the Parliamentary Constituencies Act 1986.
1983 c. 2. | Representation of the People Act 1983. | Section 72. In section 73, subsection (4), and in subsection (6) the words from “, or pays” to “as mentioned above,”. Section 75(1B) and (1C). Section 78(6). Section 79(3). In section 81, subsection (4), in subsection (7) the words from “; and” onwards, and subsection (11). Section 82(4). Section 86(9). Sections 101 to 105. Section 106(8). Section 108. Section 122(8). In section 138(1), the words from “, a copy of which” onwards. Sections 148 to 153. Section 157(5). Section 159(2). Section 167(4). Section 174(6). In section 201(1), the words from “and except” to “section 29(8)”. In Schedule 1, in rule 30(5), the words from the beginning to “agents, and”. In Schedule 3— (a) the form of return, and (b) in the form of declarations, the words in paragraph 3 “in relation to my [the candidate’s] personal expenses” and paragraph 4.
1985 c. 50. | Representation of the People Act 1985. | Section 14(3) to (5). In Schedule 3, paragraphs 6 and 7. In Schedule 4, paragraph 35.
. . . | . . . | . . .
1989 c. 28. | Representation of the People Act 1989. | Section 6(1)(b) and (2).
1991 c. 11. | Representation of the People Act 1991. | The whole Act.
1992 c. 19. | Local Government Act 1992. | In section 13(1C), paragraph (b) and the “and” preceding it. Section 13(3) and (4).
. . . | . . . | . . .
1996 c. 55. | Broadcasting Act 1996. | In Schedule 10, paragraph 29, and in paragraph 30 “or 29”.
1998 c. 38. | Government of Wales Act 1998. | In section 11(2)(c), the words “and registered political parties”.
1998 c. 46. | Scotland Act 1998. | In section 12(2)(c), the words “and registered political parties”.
1998 c. 48. | Registration of Political Parties Act 1998. | The whole Act, except for sections 13, 15, 24 and 26 and Schedule 2.
1999 c. 29. | Greater London Authority Act 1999. | In Schedule 3, paragraphs 16, 19(4), 21, 24(5), 28, 31 and 35.
2000 c. 2. | Representation of the People Act 2000. | In Schedule 6, paragraph 4.
Section 163.
Part I Transfer of registration of existing registered parties
Interpretation of Part I
1 In this Part of this Schedule—
“the 1998 Act” means the Registration of Political Parties Act 1998;
“the appointed day” means the appointed day for the purposes of Part II of this Act;
“the compliance period” means the period of six weeks beginning with the initial date;
“emblem”, in relation to a party, means an emblem to be used by the party on ballot papers;
“the initial date” means the date falling 14 days after the day on which this Act is passed;
“the new registers” means the Great Britain register and the Northern Ireland register.
Declaration for purposes of section 28
2 (1) This paragraph applies to any party registered under the 1998 Act on the initial date.
(2) Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 28(2).
(3) In connection with any such declaration, any reference in section 28(2) or (3) to a party’s applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).
(4) Where the party sends the Commission a declaration falling within section 28(2)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party—
(a) such information as would, by virtue of Schedule 1 to the 1998 Act, be required to be provided in connection with an application by the Northern Ireland party to be registered under that Act;
(b) a notification as to whether the party wishes to be registered in the Northern Ireland register under its existing registered name or under that name with an addition permitted by sub-paragraph (5); and
(c) a notification as to whether the party wishes—
(i) any emblem or emblems already registered in respect of it under the 1998 Act to be registered in respect of the Northern Ireland party in that register,
(ii) any emblem or emblems not so registered under the 1998 Act, but shown in the notification, to be registered in respect of the Northern Ireland party in that register (whether in addition to any emblem or emblems falling within sub-paragraph (i) or otherwise).
(5) For the purposes of sub-paragraph (4)(b) any one of the following, namely “Northern Ireland”, “Northern Irish”, “Ulster”, “Ireland” or “Irish” may be added to a party’s existing registered name, at such point as the party may specify in its notification.
(6) For the purposes of sub-paragraph (4)(c) the total number of emblems whose registration may be sought in a notification under that provision is three.
(7) If the party within the compliance period sends to the Commission a declaration that the party does not intend to contest any relevant election on or after the appointed day—
(a) nothing in sub-paragraphs (2) to (6) or in paragraphs 3 to 5 shall have effect in relation to the party; and
(b) the party’s registration under the 1998 Act shall terminate on the appointed day.
(8) References to a party of any description in paragraph 3(1), 4(1) or 5(1) accordingly do not include a party falling within sub-paragraph (7).
Draft scheme for purposes of section 26
3 (1) This paragraph applies to any party registered under the 1998 Act on the initial date.
(2) The party must within the compliance period send to the Commission—
(a) a copy of the party’s constitution (within the meaning of section 26); and
(b) a draft of the scheme which the party proposes to adopt for the purposes of section 26 if approved by the Commission under that section;
and subsections (2) to (6) of that section shall apply in connection with any such scheme and its approval by the Commission.
(3) The party must also within the compliance period give a notification to the Commission under this sub-paragraph.
(4) A notification under sub-paragraph (3) must—
(a) give the name and home address—
(i) of a person to be registered under Part II of this Act as the party’s treasurer; and
(ii) (if the party is seeking to be so registered as a party with a campaigns officer) of a person to be registered as that officer; and
(b) be signed by the person registered under the 1998 Act as leader or nominating officer of the party and by the proposed registered treasurer mentioned in paragraph (a) and (if paragraph (a)(ii) applies) by the proposed campaigns officer.
(5) Where the party would on registration under Part II of this Act be a party with accounting units, a notification under sub-paragraph (3) must also give in relation to each accounting unit—
(a) the name of the accounting unit and of its treasurer and of an officer of the unit to be registered for the purposes of section 27(3), and
(b) the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.
(6) A notification under sub-paragraph (3) may be signed by the same person in his capacity as registered leader or nominating officer and in his capacity as proposed registered treasurer, but in that case it must be apparent from the notification that he is signing it in both of those capacities.
(7) Where the party sends the Commission a declaration falling within section 28(2)(a), the provisions of sub-paragraphs (2) to (6) shall be read as applying separately in relation to—
(a) the party to be registered in the Great Britain register, and
(b) the party to be registered in the Northern Ireland register.
Registration under Part II of this Act as from appointed day
4 (1) This paragraph applies where a party registered under the 1998 Act has complied with the provisions of paragraphs 2 and 3 so far as applicable to the party.
(2) The Commission shall secure that, as from the appointed day, one (or each) of the new registers contains such entry in respect of the party (or the two parties mentioned in paragraph 3(7)) as the Commission consider appropriate to reflect—
(a) the party’s existing entry in the register maintained under the 1998 Act and the date when the party was first registered under that Act;
(b) the declaration sent to the Commission by the party in pursuance of paragraph 2(2);
(c) any information or notification sent to them in pursuance of paragraph 2(4); and
(d) the notification given to them in pursuance of paragraph 3(3).
(3) In connection with the registration in the Northern Ireland register (in accordance with sub-paragraph (2)) of any emblem shown in a notification by a party in pursuance of paragraph 2(4)(c)(ii)—
(a) section 29(2) shall apply (with any necessary modifications) as it applies in connection with the registration of any emblem in pursuance of a request under section 29, but
(b) for this purpose any emblem which on the initial date is registered under the 1998 Act in respect of any other party (except one falling within paragraph 2(7)) shall be treated as if it were already registered in the Northern Ireland register.
(4) As from the appointed day the draft scheme sent to the Commission in pursuance of paragraph 3(2) shall be treated for the purposes of this Act as if it were a scheme approved by the Commission and adopted by the party under section 26 until—
(a) such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or
(b) the end of the period of nine months beginning immediately after the end of the compliance period (or such longer period as the Commission may determine in relation to the party),
whichever is the earlier.
(5) If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)—
(a) the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and
(b) the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 26.
(6) Section 30(1)(e) shall apply in relation to a party registered in accordance with sub-paragraph (2) as if the reference to the time when the party applied for registration were a reference to the appointed day.
Failure to comply with paragraph 2 or 3
5 (1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely—
(a) any declaration required under paragraph 2(2);
(b) any information or notification required under paragraph 2(4);
(c) any document required under paragraph 3(2);
(d) any notification required under paragraph 3(3).
(2) In this paragraph—
(a) “the outstanding material” means the thing or things which as mentioned in sub-paragraph (1) was or were not sent or given to the Commission by the end of the compliance period;
(b) “the transitional period” means the period of three months beginning immediately after the end of the compliance period;
(c) “the protected period” means the period beginning with the appointed day and ending—
(i) at the end of the transitional period, or
(ii) in a case where sub-paragraph (4) applies, on the date determined by the Commission under that sub-paragraph.
(3) During so much of the transitional period as falls before the appointed day, the party shall be treated for all purposes relating to elections or referendums as if it were not registered under the 1998 Act; and on that day the party’s registration under that Act shall terminate without being replaced by any such registration under Part II of this Act as is mentioned in paragraph 4(2).
(4) However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as to require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.
(5) During the protected period sections 28(4) and 29(2) shall have effect as if—
(a) the name of the party registered under the 1998 Act on the initial date and any emblems so registered in respect of it were registered in respect of the party in each of the new registers, and
(b) any such registration in the Great Britain register was in respect of each of England, Scotland and Wales.
(6) In a case where sub-paragraph (4) applies—
(a) section 26(5) and (6) shall apply in connection with the approval of the party’s draft scheme by the Commission; and
(b) paragraph 4(4) and (5) above shall also so apply, except that in paragraph 4(4)(b) the reference to nine months beginning immediately after the end of the compliance period shall be read as a reference to six months beginning immediately after the end of the protected period.
Exercise of functions by person appointed as Commission’s chief executive
6 In relation to any time when the functions of the Commission with respect to the receipt of documents or information falling to be sent or given to the Commission under this Schedule are being exercised by a person appointed as the Commission’s chief executive under paragraph 11(9) of Schedule 1, references in this Schedule to the Commission, in the context of the sending or giving of such documents or information to them, shall be construed as references to the person so appointed.
Termination of registration functions of registrar of companies
7 (1) The registration functions of the registrar under the 1998 Act shall terminate on the initial date.
(2) Accordingly, as from that date, the registrar shall not—
(a) make any new entry in his register, or
(b) alter or remove any entry already contained in his register,
and no application or notice may be made or given to him under any provision of that Act.
(3) Where an application has been made to the registrar under any such provision before the initial date and the application has not been determined by that date, the registrar shall not take any steps (or, as the case may be, any further steps) on or after that date to deal with the application.
(4) Nothing in section 7 of the 1998 Act shall apply at any time on or after the initial date in relation to a party registered under that Act; and in particular a party’s registration under that Act shall not lapse at any such time by virtue of that section.
(5) The registrar shall provide the Commission with such information and assistance as they reasonably require for the purpose of discharging their duty under paragraph 4(2); and where any information relating to a party registered under the 1998 Act—
(a) is held by the registrar in connection with the registration of the party under that Act, but
(b) is not contained in the party’s entry in his register,
the registrar shall provide the Commission with that information in order that it may be held by them, as from the appointed day, in connection with the registration of the party in one or other of the new registers.
(6) In this paragraph “the registrar” means the registrar of companies (within the meaning of Part II of this Act), and any reference to “his” register is a reference to the register maintained by the registrar under the 1998 Act.
Part II Other transitional provisions
Appointment of Electoral Commissioners
8 For the purposes of section 3(2)—
(a) any agreement to a proposed motion for an Address under section 3(1) which has been signified by the Speaker of the House of Commons before the day on which this Act is passed shall be as effective as if signified on or after that day; and
(b) any consultation with respect to such a motion which has been carried out before that day with such a person as is mentioned in section 3(2)(b) shall be as effective as if carried out on or after that day.
Orders specifying organisations which are not to count as accounting units
9 The requirement in section 26(8)(c) for any order under that provision to be made on the recommendation of the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.
Orders prohibiting use of certain words in parties’ registered names
10 The requirement in section 28(4)(f) for any order under that provision to be made after consultation with the Commission shall not apply in relation to any such order which is made before the end of the period of three months beginning with the day on which this Act is passed.
Confirmation of registered particulars
11 (1) This paragraph applies to a party which is registered under Part II of this Act at the end of the period of nine months beginning with the appointed day.
(2) The treasurer of the party shall deliver to the Commission a notification which—
(a) complies with the requirements of section 32(2) and (3) (as modified by sub-paragraphs (3) and (4)), and
(b) is accompanied by any fee prescribed by order made by the Secretary of State,
within the period beginning one month before and ending three months after the first anniversary of the appointed day.
(3) In the application of section 32(2)(a) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the appointed day.
(4) In the application of section 32(3) in accordance with sub-paragraph (2), the reference to the relevant time shall be read as a reference to the time when the party applied for registration or, in the case of a party registered by virtue of paragraph 4(2), the time when the documents required under paragraph 3(2) were sent to the Commission.
(5) If the notification required by virtue of sub-paragraph (2) is not delivered before the end of the period mentioned in that sub-paragraph, the person who was the treasurer of the party immediately before the end of that period shall be guilty of an offence and shall be liable to the same punishment as if he were guilty of an offence under section 47(1)(b).
(6) It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he took all reasonable steps, and exercised all due diligence, to ensure that the notification required by virtue of sub-paragraph (2) would be delivered before the end of the period mentioned in that sub-paragraph.
(7) Any notification delivered under sub-paragraph (2) shall be treated, for the purposes of section 32(4)(b), as a notification given under section 32.
(8) In this paragraph “the appointed day” means the appointed day for the purposes of Part II of this Act.
Control of political donations by companies
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Disclosure of political donations and expenditure in directors’ report
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