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.

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• (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.

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• (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);