Political Parties, Elections and Referendums Act 2000

Part I — The Electoral Commission

Establishment of Electoral Commission and bodies with related functions

Request by Secretary of State.

1

• (1) There shall be a body corporate to be known as the Electoral Commission or, in Welsh, Comisiwn Etholiadol (in this Act referred to as “the Commission”).

• (2) The Commission shall consist of members to be known as Electoral Commissioners.

• (3) There shall be nine or ten Electoral Commissioners.

• (4) The Electoral Commissioners shall be appointed by Her Majesty (in accordance with section 3).

• (5) Her Majesty shall (in accordance with section 3 but subject to section 3A(6)) appoint one of the Electoral Commissioners to be the chairman of the Commission.

• (6) Schedule 1, which makes further provision in relation to the Commission, shall have effect.

Minor and consequential amendments and repeals.

2

• (1) There shall be a Committee (to be known as “the Speaker’s Committee”) to perform the functions conferred on the Committee by this Act.

• (2) The Speaker’s Committee shall consist of the Speaker of the House of Commons, who shall be the chairman of the Committee, and the following other members, namely—

• (a) the Member of the House of Commons who is for the time being the Chairman of the Home Affairs Select Committee of the House of Commons;

• (b) the Secretary of State for Housing, Communities and Local Government;

• (c) a Member of the House of Commons who is a Minister of the Crown with responsibilities in relation to local government; and

• (d) five Members of the House of Commons who are not Ministers of the Crown.

• (2A) The functions of the Secretary of State for Housing, Communities and Local Government under subsection (2)(b) are exercisable concurrently with any Member of the House of Commons who—

• (a) is a Minister of the Crown, and

• (b) is appointed to membership of the Committee by the Prime Minister in order to carry out those functions concurrently with the Secretary of State for Levelling Up, Housing and Communities.

• (3) The member of the Committee mentioned in subsection (2)(c) shall be appointed to membership of the Committee by the Prime Minister.

• (4) The members of the Committee mentioned in subsection (2)(d) shall be appointed to membership of the Committee by the Speaker of the House of Commons.

• (5) Schedule 2, which makes further provision in relation to the Speaker’s Committee, shall have effect.

• (6) In this section and that Schedule, references to the Home Affairs Select Committee shall—

• (a) if the name of that Committee is changed, be taken (subject to paragraph (b)) to be references to the Committee by its new name;

• (b) if the functions of that Committee at the passing of this Act with respect to electoral matters (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons, be taken to be references to the committee by whom the functions are for the time being exercisable.

Appointment of Electoral Commissioners and Commission chairman

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• (1) The powers of Her Majesty under section 1(4) and (5) shall be exercisable on an Address from the House of Commons.

• (2) A motion for such an Address may be made only if—

• (a) the Speaker of the House of Commons agrees that the motion may be made;

• (b) the motion has been the subject of consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong; and

• (c) each person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee.

• (3) Such an Address shall specify the period (not exceeding 10 years) for which each proposed Electoral Commissioner to whom the Address relates is to hold office as such Commissioner or (as the case may be) the period for which the proposed chairman of the Commission is to hold office as such chairman.

• (4) Subject to subsection (4A), a person may not be appointed as an Electoral Commissioner if the person—

• (a) is a member of a registered party;

• (b) is an officer or employee of a registered party or of any accounting unit of such a party;

• (c) holds a relevant elective office (within the meaning of Schedule 7); or

• (d) has at any time within the last five years—

• (i) been such an officer or employee as is mentioned in paragraph (b), or

• (ii) held such an office as is mentioned in paragraph (c), or

• (iii) been named as a donor in the register of donations reported under Chapter III or V of Part IV. , or

• (iv) been named as a participant in the register of recordable transactions reported under Part 4A.

• (4A) Paragraphs (a) and (d) of subsection (4) do not apply to the appointment of a person as a nominated Commissioner (within the meaning of section 3A).

• (5) An Electoral Commissioner, or the chairman of the Commission, may be re-appointed (or further re-appointed).

• (5A) In the case of a re-appointment (or further re-appointment) of an Electoral Commissioner, the reference in subsection (2)(c) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment (or further re-appointment) by that Committee.

• (6) In subsection (2)(b) the reference to Members of the House of Commons does not include any Member of that House who at the time in question—

• (a) has not made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation); or

• (b) is disqualified from sitting and voting in that House.

• (7) In this section “registered party”—

• (a) includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the Registration of Political Parties Act 1998; and

• (b) in subsection (4)(b) also includes (in relation to times before 1st April 1999) any political party.

Parliamentary Parties Panel

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• (1) There shall be a panel (to be known as “the Parliamentary Parties Panel”) which consists of representatives of qualifying parties appointed in accordance with this section.

• (2) The function of the panel shall be to submit representations or information to the Commission about such matters affecting political parties as the panel think fit.

• (3) Where the panel submit any such representations or information to the Commission, the Commission shall—

• (a) consider the representations or information, and

• (b) decide whether, and (if so) to what extent, they should act on the representations or information.

• (4) Each qualifying party shall be entitled to be represented on the panel by a person appointed to the panel by the treasurer of the party.

• (5) Subject to subsection (6), a person so appointed shall be a member of the panel for such period as the treasurer of the party may determine when making the appointment.

• (6) A person so appointed shall cease to be a member of the panel if at any time—

• (a) his appointment is terminated for any reason by the treasurer of the party, or

• (b) the party ceases to be a qualifying party.

• (7) The panel may determine their own procedure.

• (8) The validity of any proceedings of the panel shall not be affected by any failure by the treasurer of a qualifying party to make any appointment in accordance with this section.

• (9) In this section “qualifying party” means a registered party—

• (a) to which two or more Members of the House of Commons for the time being belong, who have made and subscribed to the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation) and are not disqualified from sitting or voting in the House; or

• (b) to which two or more such Members belonged immediately after the most recent parliamentary general election.

Commission’s general functions

Reports on elections and referendums

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• (1) The Commission shall, after—

• (a) each election to which this section applies, and

• (b) each referendum to which Part VII applies,

prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.

• (2) The elections to which this section applies are the following, namely—

• (a) a parliamentary general election;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a Scottish Parliamentary general election;

• (d) a Senedd Cymru general election;

• (e) a Northern Ireland Assembly general election.

• (f) an ordinary election of police and crime commissioners.

• (2A) After—

• (a) a parliamentary by-election,

• (b) an election held under section 9 of the Scotland Act 1998 (election for the Scottish Parliament in the case of a constituency vacancy), ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .or

• (d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner),

the Commission may prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.

• (2AA) Subsection (2AB) applies where a report under this section relates to—

• (a) a parliamentary general election,

• (b) a parliamentary by-election,

• (c) an ordinary election of police and crime commissioners,

• (d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), or

• (e) a Northern Ireland Assembly general election.

• (2AB) The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the Representation of the People Act 1983) to vote at the election.

• (2B) After an ordinary election of councillors for local government areas in Scotland, the Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.

• (2C) Subsection (2D) applies where a report under this section relates to one of the following elections—

• (a) a Scottish Parliamentary general election,

• (b) an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or

• (c) an ordinary election of councillors for local government areas in Scotland.

• (2D) The report must include a description of the steps taken by returning officers to assist disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the election.

• (2DA) Subsections (2DB) and (2DC) apply where a report under this section relates to one of the following elections—

• (a) a Scottish Parliamentary general election, or

• (b) an ordinary election of councillors for local government areas in Scotland.

• (2DB) The report must include a description of the steps taken by—

• (a) the Commission in performing their functions under section 13(1), and

• (b) returning officers,

to promote public awareness about the election and how to vote in it (including, in particular, how to fill in a ballot paper).

• (2DC) The report may also include a description of steps taken by any other person to promote public awareness about the election and how to vote in it.

• (2E) In subsections (2D) and (2DB), “returning officer”—

• (a) in the case of a Scottish Parliamentary general election, means an officer who is—

• (i) appointed by order in accordance with section 12(1) of the Scotland Act 1998, or

• (ii) appointed by order under section 12(6) of that Act,

• (b) in the case of an election held under section 9 of that Act, means an officer who is appointed by order in accordance with section 12(1) of that Act,

• (c) in the case of an ordinary election of councillors for local government areas in Scotland, means an officer who is appointed under section 41(1) of the Representation of the People Act 1983.”. Miscellaneous

• (3) After a poll held under section 64 of the Government of Wales Act 2006 the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.

• (4) After the end of a recall petition period (within the meaning of Schedule 3 to the Recall of MPs Act 2015), the Commission must prepare and publish (in such manner as the Commission may determine) a report on the actions taken, or not taken, under or by virtue of that Act in relation to the recall petition in question after the giving of the Speaker's notice under section 5 of that Act in relation to that petition.

Reviews of electoral and political matters

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• (1) The Commission shall keep under review, and from time to time submit reports to the Secretary of State on, the following matters, namely—

• (a) such matters relating to elections to which this section applies as the Commission may determine from time to time;

• (b) such matters relating to referendums to which this section applies as the Commission may so determine;

• (ba) such matters relating to recall petitions as the Commission may so determine;

• (c) the redistribution of seats at parliamentary elections;

• (d) if any functions are transferred by an order under section 18(1), 19(1) or 20(1), the matters in relation to which those functions are exercisable;

• (e) the registration of political parties and the regulation of their income and expenditure;

• (f) political advertising in the broadcast and other electronic media;

• (g) the law relating to the matters mentioned in each of paragraphs (a) to (f).

• (2) At the request of the Secretary of State, and within such time as the Secretary of State may specify, the Commission shall—

• (a) review, and

• (b) submit a report to the Secretary of State on,

such matter or matters (whether or not falling within subsection (1)) as the Secretary of State may specify.

• (3) The Commission shall not, however, carry out any review (or make any report) under this section with respect to any of the following matters, namely—

• (a) the funding of political parties under section 97 of the Scotland Act 1998 or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties or the funding of political groups under section 24 of the Government of Wales Act 2006;

• (b) the conduct of referendums held in pursuance of any provision made by or under an Act of the Scottish Parliament , Senedd Cymru or the Northern Ireland Assembly or the conduct of any poll under section 64 of the Government of Wales Act 2006;

• (ba) how a member of the House of Commons becomes subject to a recall petition process under sections 1 to 5 of the Recall of MPs Act 2015;

• (c) the law relating to the matters mentioned in each of paragraphs (a) to (ba).

• (4) Where any review carried out under this section relates to elections , referendums or recall petitions in Northern Ireland, the Commission shall consult the Chief Electoral Officer for Northern Ireland with respect to such elections, referendums or recall petitions.

• (5) Each report made by the Commission under this section shall be published by them in such manner as they may determine.

• (6) The elections and referendums to which this section applies are—

• (a) in the case of elections—

• (i) the elections mentioned in section 5(2) other than those mentioned in paragraph (d) of that subsection,

• (ii) local government elections in England ..., ...

• (iii) local elections in Northern Ireland; and

• (iv) local government elections in Scotland; and

• (b) in the case of referendums, referendums to which Part VII applies and those under Part II of the Local Government Act 2000.

• (6A) This section is subject to section 6ZA.

Commission to be consulted on changes to electoral law

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• (1) Before making an instrument to which this section applies, the authority making the instrument shall consult the Commission.

• (2) This section applies to an instrument containing—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an order under section 24(1)(c), (cc) or (e), 25(1)(b), 28(1)(b) or 35(2B) of the Representation of the People Act 1983 (designations of returning officers and acting returning officers);

• (d) rules under section 36 of that Act (local government elections in England ...);

• (e) regulations under that Act (“the 1983 Act”), or under the Representation of the People Act 1985, in relation to which section 201(2) of the 1983 Act (regulations which may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament) has effect;

• (eza) regulations to be made by the Scottish Ministers under section 81(3A)(c) of the Representation of the People Act 1983 (other matters to be included in election expenses return in relation to local government elections in Scotland);

• (ezb) regulations to be made by the Scottish Ministers under paragraph 10(2) of schedule 2A of the Representation of the People Act 1983 (evidence of donor's anonymous registration to accompany statement of relevant donations in relation to local government elections in Scotland);

• (ea) regulations made by virtue of paragraph 7F of Schedule 4 to the Representation of the People Act 2000 (regulations made by the Scottish Ministers about notification of rejected postal votes in relation to local government elections in Scotland);

• (f) an order under section 13 or 64(3) or regulations under section 13A of the Government of Wales Act 2006 (conduct of elections to Senedd Cymru and of polls held by Welsh Ministers);

• (g) an order under section 12(1) or (6) or regulations under section 12A(1) of the Scotland Act 1998 (conduct of elections to the Scottish Parliament);

• (h) an order under section 34(4) of the Northern Ireland Act 1998 (conduct of elections to the Northern Ireland Assembly);

• (ha) an order under subsection (1)(b) of section 54 of the Police Reform and Social Responsibility Act 2011 (designations of returning officers for elections of persons as police and crime commissioners in England and Wales);

• (hb) regulations under subsection (2) of that section (functions of returning officers and local returning officers for such elections);

• (hc) an order under section 58 of that Act (conduct of elections of persons as police and crime commissioners in England and Wales);

• (i) an order under section 17A(3) of the Greater London Authority Act 1999 (free delivery of election addresses at elections to the Greater London Authority).

• (j) an order under section 3(1) of the Local Governance (Scotland) Act 2004.

• (k) regulations under section 9(5) or 18 of the Recall of MPs Act 2015 (wording of the recall petition signing sheet and the conduct of a recall petition etc).

• (3) No draft Order shall be laid before Parliament under section 84(4) of the Northern Ireland Act 1998 (power to make provision with respect to elections in Northern Ireland) except after consultation with the Commission.

Powers with respect to elections exercisable only on Commission recommendation

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• (1) The function of giving directions under section 52(1) of the Representation of the People Act 1983 (directions as to discharge of registration duties) shall be exercisable only on, and in accordance with, a recommendation of the Commission.

• (2) A function to which this subsection applies shall, unless the person on whom the function is conferred considers that the exercise of the function is expedient in consequence of changes in the value of money, be exercisable only on, and in accordance with, a recommendation of the Commission.

• (3) Subsection (2) applies to the following functions, namely—

• (a) the making of orders under section 76(2A) of that Act (limitation of expenses in connection with elections to the Greater London Authority);

• (b) the making of orders under section 13 of the Government of Wales Act 2006 or section 12 of the Scotland Act 1998 so far as relating to the matters mentioned in subsection (2)(c) of the section (limitation of expenses in connection with elections to Senedd Cymru or Scottish Parliament);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Involvement of Commission in changes in electoral procedures

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• (1) The Commission—

• (a) may participate with any relevant local authority in the joint submission of proposals falling within section 10(1) of the Representation of the People Act 2000 (pilot schemes); and

• (b) shall have such other functions in relation to—

• (i) orders and schemes under section 10 of that Act, and

• (ii) orders under section 11 of that Act (revision of procedures in the light of pilot schemes),

as are conferred on the Commission by those sections.

• (2) Where any scheme under section 10 of that Act falls to be implemented following the approval by the Secretary of State of proposals jointly submitted by the Commission and a relevant local authority as mentioned in subsection (1)(a) above, the Commission may, in connection with the implementation of the scheme, provide that authority with such assistance (except financial assistance) as the Commission think fit.

• (3) In this section “relevant local authority” has the same meaning as in section 10 of that Act.

Giving of advice and assistance

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• (1) The Commission may, at the request of any relevant body, provide the body with advice and assistance as respects any matter in which the Commission have skill and experience.

• (2) The assistance which may be so provided includes (in particular) the secondment of members of the Commission’s staff.

• (3) The Commission may also—

• (a) provide advice and assistance to—

• (i) registration officers,

• (ii) returning officers at relevant elections,

• (iii) registered parties,

• (iv) recognised third parties within the meaning of Part VI, ...

• (v) permitted participants within the meaning of Part VII;

• (vi) petition officers in relation to recall petitions, and

• (vii) accredited campaigners within the meaning of Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);

• (b) provide advice and assistance to other persons which is incidental to, or otherwise connected with, the discharge by the Commission of their functions.

• (4) The Commission—

• (a) may make charges for advice or assistance provided by them under subsection (1); but

• (b) may not make charges for advice and assistance provided under subsection (3).

• (5) Nothing in this section authorises the Commission to provide any form of financial assistance.

• (6) In this section “relevant body” means—

• (a) the Scottish Parliament;

• (b) the Scottish Executive;

• (c) Senedd Cymru;

• (caa) the Welsh Ministers;

• (ca) the Senedd Commission;

• (d) the Northern Ireland Assembly;

• (e) the Executive Committee of the Northern Ireland Assembly;

• (f) any of the following local authorities—

• (i) in England, the council of a county, district or London borough,

• (ii) in Wales, the council of a county or county borough, and

• (iii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• (g) a national or regional parliament or government in a country other than the United Kingdom;

• (h) a body in any such other country having functions corresponding to any of the functions of the Commission;

• (i) an organisation of which two or more countries (or their governments) are members or a subordinate body of such an organisation.

• (7) In this section “relevant election” means any election falling within section 22(5) ....

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Broadcasters to have regard to Commission’s views on party political broadcasts

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The British Broadcasting Corporation shall have regard, in determining its policy with respect to party political broadcasts, to any views expressed by the Electoral Commission for the purposes of this subsection.

Policy development grants

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• (1) For the purposes of this section—

• (a) “a policy development grant” is a grant to a represented registered party to assist the party with the development of policies for inclusion in any manifesto on the basis of which—

• (i) candidates authorised to stand by the party will seek to be elected at an election which is a relevant election for the purposes of Part II, or

• (ii) the party itself will seek to be so elected (in the case of such an election for which the party itself may be nominated); and

• (b) a registered party is “represented” if there are at least two Members of the House of Commons belonging to the party who—

• (i) have made and subscribed the oath required by the Parliamentary Oaths Act 1866 (or the corresponding affirmation), and

• (ii) are not disqualified from sitting or voting in that House.

• (2) The Commission shall submit recommendations to the Secretary of State for the terms of a scheme for the making by the Commission of policy development grants.

• (3) Where the Secretary of State receives recommendations under subsection (2), he shall make an order setting out such a scheme in terms which, with any modifications he considers appropriate, give effect to the recommendations.

• (4) The scheme shall, in particular, specify or provide for the determination of—

• (a) the parties eligible for policy development grants, and

• (b) how any money provided to the Commission for the making of policy development grants is to be allocated between the parties eligible for such grants.

• (5) The Commission shall keep under review the terms of any scheme under this section and shall make recommendations to the Secretary of State for any variations to the scheme which they consider appropriate.

• (6) Where the Secretary of State receives recommendations under subsection (5), he shall make an order giving effect, with any modifications he considers appropriate, to the recommendations.

• (7) Where any such modifications as are mentioned in subsection (3) or (6) would result in an order under that subsection giving effect with modifications to any recommendations of the Commission in respect of either of the matters mentioned in subsection (4), the order shall not be made without the agreement of the Commission to the modifications so far as relating to those matters.

• (8) The Commission shall make such grants as are provided for under any scheme under this section, and any such grants may be made subject to such conditions as (consistently with the terms of the scheme) the Commission consider appropriate; but nothing in such a scheme shall have effect to authorise the Commission to make in any financial year more than £2 million in policy development grants.

• (9) The Secretary of State may by order made with the consent of the Treasury vary the sum for the time being specified in subsection (8).

Education about electoral and democratic systems

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• (1) The Commission shall promote public awareness of—

• (a) current electoral systems in the United Kingdom and any pending such systems, together with such matters connected with any such existing or pending systems as the Commission may determine;

• (aa) marking of ballot papers in any election mentioned in section 9A(5A)(a) to (c).

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of subsection (1) any system such as is mentioned in paragraph (a) ... of that subsection is pending at a time when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by—

• (a) carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (1); or

• (b) making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

• (5) Any grant under subsection (4)(b) may be made subject to such conditions as the Commission consider appropriate.

• (6) The total expenditure incurred in any financial year by the Commission in performing their functions under subsection (1) (whether by making grants or otherwise) shall not exceed such sum as is for the time being specified for the purposes of this subsection by an order made by the Secretary of State with the consent of the Treasury.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable in relation to local government elections in Scotland; ...

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under paragraph 16A of Schedule 1 to this Act or paragraph 6 of Schedule 2 to the Government of Wales Act 2006.

Commission’s electoral boundary functions

Boundary committees

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Deputy Electoral Commissioners

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Transfer of functions of Boundary Commissions

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Transfer of property etc. of the Boundary Commissions

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Transfer of functions of Local Government Commission for England

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Transfer of functions of Local Government Boundary Commission for Scotland

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Transfer of functions of Local Government Boundary Commission for Wales

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Supplementary

Interpretation of Part I

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• (1) In this Part “financial year”, in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.

• (2) In this Part, “petition officer” and “recall petition” have the same meaning as in the Recall of MPs Act 2015 (see section 22 of that Act).

Part II — Registration of political parties

Requirement for registration

Parties to be registered in order to field candidates at elections

22

• (1) Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of—

• (a) a person who stands for election in the name of a qualifying registered party; or

• (b) a person who does not purport to represent any party; or

• (c) a qualifying registered party, where the election is one for which registered parties may be nominated.

• (2) For the purposes of subsection (1) a party (other than a minor party) is a “qualifying registered party” in relation to a relevant election if—

• (a) the constituency, police area, local government area or electoral region in which the election is held—

• (i) is in England, Scotland or Wales, ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the party was, on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election, registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or

• (b) the constituency, district electoral area or electoral region in which the election is held—

• (i) is in Northern Ireland, ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the party was, on the relevant day, registered in the Northern Ireland register maintained by the Commission under that section.

• (2A) For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 (subject to rule 2(2A)) shall be disregarded.

• (3) For the purposes of subsection (1) a person does not purport to represent any party if either—

• (a) the description of the candidate given in his nomination paper, is—

• (i) “Independent”, or

• (ii) where the candidate is the Speaker of the House of Commons seeking re-election, “The Speaker seeking re-election”; or

• (b) no description of the candidate is given in his nomination paper.

• (4) Subsection (1) does not apply in relation to any parish or community election.

• (5) The following elections are relevant elections for the purposes of this Part—

• (a) parliamentary elections,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) elections to the Scottish Parliament,

• (d) elections to Senedd Cymru,

• (e) elections to the Northern Ireland Assembly,

• (ea) elections of police and crime commissioners,

• (f) local government elections, and

• (g) local elections in Northern Ireland.

• (6) For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.

The registers of political parties

The new registers

23

• (1) In place of the register of political parties maintained by the registrar of companies under the Registration of Political Parties Act 1998, there shall be the new registers of political parties mentioned in subsection (2) which—

• (a) shall be maintained by the Commission, and

• (b) (subject to the provisions of this section) shall be so maintained in such form as the Commission may determine.

• (2) The new registers of political parties are—

• (a) a register of parties that intend to contest relevant elections in one or more of England, Scotland and Wales (referred to in this Act as “the Great Britain register”); and

• (b) a register of parties that intend to contest relevant elections in Northern Ireland (referred to in this Act as “the Northern Ireland register”).

• (3) Each party registered in the Great Britain register shall be so registered in respect of one or more of England, Scotland and Wales; and the entry for each party so registered shall be marked so as to indicate—

• (a) the part or parts of Great Britain in respect of which it is registered; and

• (b) if the party is a minor party, that it is such a party.

• (4) A party may be registered under this Part in both of the new registers, but where a party is so registered—

• (a) the party as registered in the Great Britain register, and

• (b) the party as registered in the Northern Ireland register,

shall constitute two separate registered parties.

• (5) In such a case—

• (a) the party shall for the purposes of this Act be so organised and administered as to secure that the financial affairs of the party in Great Britain are conducted separately from those of the party in Northern Ireland;

• (b) the financial affairs of the party in Great Britain or (as the case may be) Northern Ireland, shall accordingly constitute for those purposes the financial affairs of the party as registered in the Great Britain register or (as the case may be) the Northern Ireland register; and

• (c) any application for the registration of a party in accordance with subsection (4) shall similarly be made and determined by reference to the party’s organisation and activities in Great Britain and Northern Ireland respectively.

• (6) The Secretary of State may by order make provision for the transfer to the Commission of any property, rights and liabilities to which the registrar of companies is entitled or subject in connection with his functions under the Registration of Political Parties Act 1998; and an order under this subsection may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

Preliminary requirements

Office-holders to be registered

24

• (1) For each registered party there shall be—

• (a) a person registered as the party’s leader;

• (b) a person registered as the party’s nominating officer; and

• (c) a person registered as the party’s treasurer;

but the person registered as leader may also be registered as nominating officer or treasurer (or both).

• (2) The person registered as a party’s leader must be—

• (a) the overall leader of the party; or

• (b) where there is no overall leader of the party, a person who is the leader of the party for some particular purpose.

• (3) The person registered as a party’s nominating officer must have responsibility for the arrangements for—

• (a) the submission by representatives of the party of lists of candidates for the purpose of elections;

• (b) the issuing of such certificates as are mentioned in section 22(6); and

• (c) the approval of descriptions and emblems used on nomination and ballot papers at elections.

• (4) The person registered as a party’s treasurer shall be responsible for compliance on the part of the party—

• (a) with the provisions of Parts 3, 4 and 4A (accounting requirements and control of donations, loans and certain other transactions)

• (b) unless a person is registered as the party’s campaigns officer in accordance with section 25, with the provisions of Parts V to VII (campaign expenditure, third party expenditure and referendums) and Schedules 3 to 5 to the Recall of MPs Act 2015 (financial controls on recall petitions) as well.

• (5) In the case of a party with accounting units the person registered as the party’s treasurer shall, in relation to the provisions of Part III, be responsible for compliance on the part of the party’s central organisation (rather than of the party).

• (6) Where—

• (a) the person registered as a party’s treasurer dies, or

• (b) his appointment as treasurer terminates for any other reason,

then, until such time as another person is registered as the party’s treasurer in pursuance of an application under section 31(3)(a), the appropriate person shall be treated for all purposes of this Act (except subsection (8)) as if he were registered also as its treasurer.

• (7) In subsection (6) “the appropriate person” means—

• (a) the person registered as the party’s leader; or

• (b) if that person is also registered as its treasurer but not as its nominating officer, the person registered as its nominating officer; or

• (c) if that person is also registered both as its treasurer and as its nominating officer, any other officer of the party registered in accordance with Schedule 4.

• (8) A person commits an offence if—

• (a) he is registered as treasurer of a registered party, and

• (b) he has been convicted, at any time within the period of five years ending with the date of registration, of any offence under this Act or of any other offence committed in connection with a relevant election ... , a referendum within the meaning of Part VII or a recall petition within the meaning of the Recall of MPs Act 2015 (see section 1(2) of that Act) .

• (9) Where a person registered as treasurer of a registered party is convicted of an offence falling within subsection (8)(b), his appointment as treasurer of the party shall terminate on the date of the conviction.

• (10) In connection with the registration of a party in both the Great Britain register and the Northern Ireland register in accordance with section 23(4)—

• (a) a person may be registered in the Northern Ireland register as leader of the separate party registered in that register if (although not such a leader of the party as is mentioned in subsection (2) above) he is leader of the party in Northern Ireland; and

• (b) references to a person’s responsibilities in subsection (3) or (4) above shall be read as references to the responsibilities that he will have with respect to the separate party registered in the Great Britain register or the Northern Ireland register, as appropriate.

Parties with campaigns officers

25

• (1) In the case of any registered party a person—

• (a) may be registered as the party’s campaigns officer, and

• (b) may be so registered whether or not he is also registered as the party’s leader or nominating officer (or both).

• (2) The person registered as a party’s campaign officer shall be responsible for compliance on the part of the party with the provisions of Parts V to VII and Schedules 3 to 5 to the Recall of MPs Act 2015 (financial controls on recall petitions) .

• (3) So long as a party is registered as a party with a campaigns officer, section 24(6), (8) and (9) shall apply in relation to a person registered as the party’s campaigns officer as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the person registered as treasurer of the party.

• (4) The person registered as a party’s campaigns officer may appoint, on such terms as he may determine, one or more deputy campaigns officers of the party for the purposes of Part V, but not more than 12 persons may hold such appointments at the same time.

• (5) For the purposes of this section—

• (a) the provisions of section 74(2) to (10) shall apply in relation to a party’s campaigns officer and the appointment of a person as deputy campaigns officer as they apply in relation to a party’s treasurer and the appointment of a person as deputy treasurer, and

• (b) any reference in those provisions to a treasurer or (as the case may be) deputy treasurer shall accordingly be read as a reference to a campaigns officer or (as the case may be) deputy campaigns officer.

• (6) In relation to any time when a party is (or was) registered as a party with a campaigns officer—

• (a) the provisions of Part V (other than section 74) and Parts VI and VII shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer, and any reference to a deputy treasurer of the party were a reference to a deputy campaigns officer of the party; and

• (b) the provisions of Part X (enforcement) shall apply in connection with matters relevant for the purposes of Parts V to VII as if any reference to a person who is or has been the treasurer of the party were a reference to a person who is or has been the registered campaigns officer.

• (7) In relation to any time when a party is (or was) registered as a party with a campaigns officer, the provisions of Schedules 3 to 5 to the Recall of MPs Act 2015 shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer.

Financial structure of registered party: adoption of scheme

26

• (1) A party may not be registered unless it has adopted a scheme which—

• (a) sets out the arrangements for regulating the financial affairs of the party for the purposes of this Act; and

• (b) has been approved in writing by the Commission.

• (2) The scheme must in particular determine for the purposes of this Act whether the party is to be taken to consist of—

• (a) a single organisation with no division of responsibility for the financial affairs and transactions of the party for the purposes of Part III (accounting requirements), or

• (b) a central organisation and one or more separate accounting units, that is to say constituent or affiliated organisations each of which is to be responsible for its own financial affairs and transactions for the purposes of that Part.

• (3) In the latter case the scheme must—

• (a) identify, by reference to organisations mentioned in the party’s constitution, those which are to constitute the central organisation and the accounting units respectively; and

• (b) give the name of each of those organisations.

• (4) The scheme must in every case include such other information as may be prescribed by regulations made by the Commission.

• (5) Where a draft scheme is submitted by a party for the Commission’s approval, the Commission may either—

• (a) approve the scheme, or

• (b) give the party a notice requesting it to submit a revised scheme to them,

as they think fit.

• (6) If under subsection (5) the Commission request a party to submit a revised scheme, they may specify either or both of the following, namely—

• (a) any matters which they consider should be dealt with in the revised scheme; and

• (b) any modifications which they consider should be incorporated in it.

• (7) A registered party may at any time notify the Commission that it wishes to replace the scheme for the time being approved in relation to it under this section with a further scheme complying with subsections (1) to (4); and where it so notifies the Commission—

• (a) it shall submit for the Commission’s approval a draft of the replacement scheme;

• (b) subsections (5) and (6) shall apply in connection with the approval by the Commission of that scheme; and

• (c) once that scheme has been approved in writing by the Commission it shall have effect as the party’s scheme under this section.

• (8) For the purposes of this section none of the following shall be taken to be a constituent or affiliated organisation in relation to a party—

• (a) a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992;

• (b) a friendly society registered under the Friendly Societies Act 1974 , a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969;

• (c) any other organisation specified, or of a description specified, in an order made by the Secretary of State on the recommendation of the Commission.

• (9) In this section “constitution”, in relation to a party, means the document or documents (of whatever name) by which the structure and organisation of the party is determined.

• (10) In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section 23(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection—

• (a) any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and

• (b) any reference in this Part to the party’s constitution shall be read as a reference to the party’s constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;

and the party’s scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.

• (11) For the purposes of this Act—

• (a) “accounting unit” means a constituent or affiliated organisation falling within paragraph (b) of subsection (2);

• (b) a registered party is a “party with accounting units” if the party’s scheme under this section identifies the party as being one falling within that paragraph; and

• (c) in the case of such a party, the “central organisation” of the party is the central organisation referred to in that paragraph.

Financial structure of registered party: accounting units

27

• (1) This section applies where a registered party is a party with accounting units.

• (2) For each accounting unit there shall be—

• (a) a person registered as the treasurer of the unit who shall be responsible for compliance on the part of the unit with the provisions of Parts 3, 4 and 4A so far as relating to it; and

• (b) another person who is an officer of the unit registered for the purposes of subsection (3).

• (3) Section 24(6), (8) and (9) shall apply in relation to a person registered as treasurer of an accounting unit as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the officer of the unit who is registered for the purposes of this subsection.

Registration

Registration of parties

28

• (1) A party may apply to be registered under this Part by sending to the Commission an application which—

• (a) complies with the requirements of Part I of Schedule 4, ...

• (b) is accompanied by a declaration falling within subsection (2) , and

• (c) (subject to subsection (3E)) is accompanied by a declaration falling within subsection (3B).

• (2) The declarations falling within this subsection are—

• (a) a declaration that the party—

• (i) intends to contest one or more relevant elections in Great Britain and one or more such elections in Northern Ireland, and

• (ii) is accordingly applying to be registered (as two such separate parties as are mentioned in section 23(4)) in both the Great Britain register and the Northern Ireland register;

• (b) a declaration that the party—

• (i) intends to contest one or more relevant elections (which will not be confined to one or more parish or community elections) in Great Britain only, and

• (ii) is accordingly applying to be registered in the Great Britain register only;

• (c) a declaration that the party—

• (i) intends to contest one or more relevant elections in Northern Ireland only, and

• (ii) is accordingly applying to be registered in the Northern Ireland register only;

• (d) a declaration that the party—

• (i) intends only to contest one or more parish or community elections, and

• (ii) is accordingly applying to be registered in the Great Britain register only.

• (3) A declaration falling within paragraph (a), (b) or (d) of subsection (2) must specify the part or parts of Great Britain in respect of which the party is applying to be registered in the Great Britain register.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) The declarations falling within this subsection are—

• (a) a declaration that, to the best of the proposed registered treasurer’s knowledge and belief, the assets/liabilities condition is met in relation to the party;

• (b) a declaration that, to the best of the proposed registered treasurer’s knowledge and belief, the assets/liabilities condition is not met in relation to the party.

• (3C) The assets/liabilities condition is met in relation to a party if—

• (a) the total value of the party’s assets does not exceed £500, and

• (b) the total amount of the party’s liabilities does not exceed £500.

• (3D) A declaration within subsection (3B)(b) must be accompanied by a record of the party’s assets and liabilities; and that record must comply with such requirements as to its form and contents as may be prescribed by regulations made by the Commission.

• (3E) Subsection (1)(c) does not apply to an application under this section made in pursuance of a declaration falling within subsection (2)(d) (and subsections (3D)and (8A) to (8C) are accordingly to be disregarded in relation to such an application).

• (4) Where a party sends an application to the Commission in accordance with subsection (1), the Commission shall grant the application unless in their opinion the party proposes a registered name which—

• (a) would either—

• (i) be the same as that of a party which is already registered in the register in which that party is applying to be registered, or

• (ii) be likely to result in electors confusing that party with a party which is already registered in respect of the relevant part of the United Kingdom,

• (b) comprises more than six words,

• (c) is obscene or offensive,

• (d) includes words the publication of which would be likely to amount to the commission of an offence,

• (da) would be likely, were it to appear on a ballot paper issued at an election—

• (i) to result in an elector being misled as to the effect of his vote, or

• (ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

• (e) includes any script other than Roman script, or

• (f) includes any word or expression prohibited by order made by the Secretary of State after consulting the Commission,

or it appears to the Commission that the party has failed to adopt a scheme approved under section 26.

• (5) In subsection (4)(a) “already registered in respect of the relevant part of the United Kingdom” means—

• (a) in connection with registration of the applicant party in the Great Britain register, already registered in respect of any part of Great Britain in respect of which that party is applying to be registered;

• (b) in connection with registration of the applicant party in the Northern Ireland register, already registered in that register.

• (6) An order under subsection (4)(f) may except the use of a word or expression from the prohibition in specified circumstances.

• (7) If—

• (a) at any time two or more applications for registration are pending each of which would (in the absence of the other or others) fall to be granted by the Commission, but

• (b) the registered names proposed by the applicant parties are such that, if one of those names was already registered in pursuance of the application in question, the Commission would be required to refuse the other application or applications by virtue of subsection (4)(a),

the Commission shall determine by reference to the history of each of the applicant parties which of them has, in the Commission’s opinion, the greater or greatest claim to the name proposed by it, and shall then grant the application by that party and refuse the other application or applications.

• (7A) A party may not make an application under this section at any time when the party is also a recognised third party for the purposes of Part 6 (see section 85(5)).

• (8) Where the Commission grant an application by a party under this section, they shall include in the party’s entry in the register—

• (a) the particulars, apart from home addresses, given in the application in accordance with paragraphs 2 to 4, 5(2) and 6 of Schedule 4; and . . .

• (b) the date of registration.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) Subsections (8B) and (8C) apply where—

• (a) the Commission grant an application by a party under this section, and

• (b) the application was accompanied by a declaration within subsection (3B)(b).

• (8B) The Commission must ensure that the party’s entry in the register is marked so as to indicate that its application was accompanied by a declaration within subsection (3B)(b).

• (8C) The Commission must—

• (a) as soon as reasonably practicable after granting the application, make a copy of the record of assets and liabilities provided by the party under subsection (3D) available for public inspection, and

• (b) keep the copy available for public inspection for such period as the Commission think fit.

• (9) Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.

• (10) In this Part “the register” means—

• (a) in relation to a party registered in the Great Britain register, the Great Britain register, and

• (b) in relation to a party registered in the Northern Ireland register, the Northern Ireland register.

Emblems

29

• (1) A party’s application under section 28 may include a request for the registration of up to three emblems to be used by the party on ballot papers.

• (2) Where a request is made by a party under this section in relation to an emblem, the Commission shall register the emblem as an emblem of the party unless in their opinion it—

• (a) would either—

• (i) be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or

• (ii) be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,

• (b) is obscene or offensive,

• (c) is of such a character that its publication would be likely to amount to the commission of an offence, or

• (ca) would be likely, were it to appear on a ballot paper issued at an election—

• (i) to result in an elector being misled as to the effect of his vote, or

• (ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

• (d) includes a word or expression prohibited by virtue of section 28(4)(f).

• (3) In subsection (2)(a) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).

• (4) A registered emblem shall be a black and white representation of the emblem shown in the application.

• (5) Where the Commission refuse a request made by a party under this section in relation to an emblem, they shall notify the party of their reasons for refusing the request.

Changes to the register

30

• (1) A party may apply to the Commission to have its entry in the register altered by—

• (a) changing its registered name,

• (b) (if registered in the Great Britain register) changing the part or parts of Great Britain in respect of which it is registered,

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) the addition, alteration, substitution or removal of a description,

• (c) the addition, substitution or removal of an emblem,

• (d) the addition or removal of a statement that a party is registered as a party with a campaigns officer, or

• (e) the addition of information prescribed under paragraph 6 of Schedule 4 since—

• (i) the time when the party applied for registration, or

• (ii) if a notification has been previously given under section 32 in relation to the party, the time when the last such notification was given.

• (2) Subject to subsections (3) to (6A), the Commission shall grant an application under this section.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Commission shall refuse an application to change a party’s registered name if, in their opinion, any of paragraphs (a) to (f) of section 28(4) apply to the new name.

• (4) The Commission shall refuse an application to change the part or parts of Great Britain in respect of which a party is registered if, in their opinion, the change would be likely to result in—

• (a) such confusion in relation to the party’s registered name as is mentioned in paragraph (a) of section 28(4), or

• (aa) such confusion in relation to a registered description of the party as is mentioned in paragraph (b) of section 28A(2), or

• (b) such confusion in relation to a registered emblem of the party as is mentioned in paragraph (a) of section 29(2).

• (4A) The Commission shall refuse an application to add a description if—

• (a) the party already has 12 descriptions (or such other maximum number of descriptions as is substituted by order under section 28A(6)),

• (b) the length of the description exceeds six words, or

• (c) in the Commission's opinion, any of paragraphs (a) to (g) of section 28A(2) apply to the description.

• (4B) The Commission shall refuse an application to alter a description if the effect of the alteration—

• (a) is that the length of the description as altered will exceed six words, or

• (b) in their opinion, is that any of paragraphs (a) to (g) of section 28A(2) will apply to the description as altered.

• (4C) The Commission shall refuse to substitute a description if—

• (a) the length of the new description will exceed six words, or

• (b) in their opinion any of paragraphs (a) to (g) of section 28A(2) apply to the new description.

• (4D) In the application of subsection (4A)(b), (4B)(a) or (4C)(a) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is registered, for “six words” substitute six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language.

• (5) The Commission shall refuse an application to add an emblem if—

• (a) the party already has three registered emblems, or

• (b) in the Commission’s opinion, any of paragraphs (a) to (d) of section 29(2) apply to the emblem.

• (6) The Commission shall refuse to substitute an emblem if in their opinion any of paragraphs (a) to (d) of section 29(2) apply to the new emblem.

• (6A) If an application under this section for the substitution or removal of a description is granted at any time between—

• (a) the date of publication of the notice of election at an election in which there are one or more candidates standing in the name of the party, and

• (b) the poll at the election,

the change does not take effect until the day following the poll.

• (7) For the purposes of subsection (3), (4A), (4B), (4C),(5) or (6)—

• (a) section 28(4)(a) and section 28(5), or

• (aa) section 28A(2)(a) and section 28(5) as it applies by virtue of section 28A(3), or

• (ab) section 28A(2)(a) as it applies by virtue of section 28B(2), or

• (b) section 29(2)(a) and section 28(5) (as it applies by virtue of section 29(3)),

as the case may be, shall each have effect as if the words “applying to be” were omitted.

• (8) Where the Commission refuse an application by a party under this section, they shall notify the party of their reasons for refusing the application.

• (9) Part II of Schedule 4 applies to applications under this section.

Notification of changes in party’s officers etc

31

• (1) If at any time any particulars in a party’s entry in the register which relate to any relevant matter cease to be accurate, the person registered as treasurer of the party must give the Commission a notification under this section.

• (2) For the purposes of this section “relevant matter” means any of the following—

• (a) the name of any registered officer of the party;

• (b) the home address of any such officer;

• (c) the address of the party’s headquarters (or, if it has no headquarters, the address to which communications to the party may be sent);

• (d) the name of the treasurer of any accounting unit of the party or of any officer of such a unit registered for the purposes of section 27(3);

• (e) the name of any accounting unit of the party;

• (f) the address of the headquarters of any accounting unit of the party (or, if it has no headquarters, the address to which communications to the accounting unit may be sent).

• (3) A notification under this section ... must specify the relevant matter in respect of which the registered particulars have ceased to be accurate, and—

• (a) if that matter is specified in subsection (2)(a) or (d)—

• (i) specify the name of the officer replacing the person currently registered as holder of the office in question, and

• (ii) (if that person is so registered as an officer of the party) include an application for the registration of the replacement officer which complies with Part III of Schedule 4; and

• (b) otherwise, specify accurate particulars in respect of that matter.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A notification under this section must be given to the Commission—

• (a) where subsection (1) applies by reason of the death or the termination for any other reason of the appointment of any registered officer of the party, within the period of 14 days beginning with the date of his death or the termination of his appointment;

• (b) where that subsection applies by reason of any other change in circumstances, within the period of 28 days beginning with the date when the change occurs.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the Commission receive a notification under this section, they shall cause any change required as a consequence of the notification to be made in the party’s entry in the register as soon as is reasonably practicable.

• (6) In the case of a party with accounting units any reference to the party in subsection (2)(c) shall be read as a reference to the central organisation.

• (7) For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

Confirmation of registered particulars etc

32

• (1) The person registered as treasurer of a party must, within the specified period, give a notification under this section to the Commission.

• (1A) In subsection (1), “the specified period” means the period—

• (a) beginning on the first day of the period within which the statement of accounts for any financial year of the party is required to be delivered to the Commission by virtue of section 45, and

• (b) ending six months after the last day of that period.

• (2) A notification under this section must—

• (a) state that the particulars in the party’s entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 4 since the relevant time, or

• (b) so far as necessary to secure that such particulars will both be accurate and include any information so prescribed, contain one or more of the following, namely—

• (i) an application under section 30,

• (ii) a notification under section 31, or

• (iii) any information so prescribed.

• (3) A notification under this section must also give particulars of any change occurring in the party’s constitution (within the meaning of section 26) since the relevant time.

• (4) In subsections (2) and (3) “the relevant time” means—

• (a) the time when the party applied for registration, or

• (b) if a notification has been previously given under this section in relation to the party, the time when the last such notification was given.

• (5) A notification under this section must be accompanied by any fee prescribed by order made by the Secretary of State.

• (6) For the purposes of this section any particulars held by the Commission in respect of the home address of any registered officer of the party shall be taken to be particulars contained in the party’s entry in the register.

Party ceasing to be registered

33

• (1) Once a party is registered its entry may only be removed from the register in accordance with subsection (2) or (2A).

• (2) Where—

• (a) a party applies to have its entry removed from the register, and

• (b) the application includes a declaration on behalf of the party that it does not intend to have any candidates at any relevant election,

the Commission shall remove the party’s entry from the register.

• (2A) Where the Commission does not receive a notification required by virtue of section 32(1) or 34(3) on or before the specified day, the Commission shall remove the party's entry from the register.

• (2B) In subsection (2A) “the specified day” means—

• (a) in relation to a notification required by virtue of section 32(1), the last day of the specified period for the purposes of that subsection;

• (b) in relation to a notification required by virtue of section 34(3), the day which falls six months after the relevant anniversary of the party's inclusion in the register.

• (2C) In subsection (2B)(b), “relevant anniversary” means the anniversary in relation to which the notification is required to be given by virtue of section 34(3).

• (3) On the removal of a party's entry from the register by virtue of subsection (2) or (2A) the party shall cease to be a registered party.

• (4) However, until the relevant time—

• (a) the Commission shall, when considering applications made by other parties under this Part, treat the entry as if it were still contained in the register, and

• (b) the requirements of Parts III to V shall continue to apply to the party as if it were still registered.

• (4A) In subsection (4), “the relevant time” means—

• (a) if—

• (i) the party's entry is removed by virtue of subsection (2), and

• (ii) its gross income or total expenditure in its financial year preceding the year in which the entry is removed is £25,000 or more,

the end of the financial year of the party which follows that in which the entry is removed;

• (b) otherwise, the end of the financial year of the party in which the entry is removed.

• (5) Part IV of Schedule 4 applies to applications under subsection (2).

Registration of minor parties

34

• (1) This section applies to any party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d) (referred to in this Act as a “minor party”).

• (2) The following provisions do not apply to a minor party—

• (a) any provisions of this Part so far as relating to the registration of a treasurer or campaigns officer for a registered party or otherwise referring to a registered treasurer or campaigns officer (or any deputy campaigns officer);

• (b) sections 26 and 27; and

• (c) section 36;