Political Parties, Elections and Referendums Act 2000

Financial limits applying to candidates’ election expenses.

Reviews of electoral and political matters: devolved Scottish elections

Code of practice on attendance of observers at elections etc.

Setting performance standards: devolved Scottish elections

Descriptions

False statements: offence.

Duty to keep accounting records.

Annual statements of accounts.

Sponsorship.

Weekly donation reports during general election periods.

Exemption from requirement to prepare quarterly reports

Valuation of regulated transaction

Financial limit on Gibraltar donations and Gibraltar regulated transactions

Weekly donation reports in connection with elections other than general elections

Officers of registered party with responsibility for campaign expenditure.

Restriction on payments in respect of campaign expenditure.

Reports by Commission: devolved Welsh elections and referendums

Restriction on payments in respect of campaign expenditure.

Expenditure by third parties which is not controlled expenditure.

Orders and regulations.

Further provision about reports on Welsh elections

Emblems.

Assistance by Commission for existing registered parties.

Payments, services etc. not to be regarded as donations.

Quarterly donation reports.

Offences relating to regulated transactions

Declaration by treasurer in transaction report

Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections

Financing of Commission: devolved Scottish elections

Notional controlled expenditure.

Restriction on incurring controlled expenditure.

Reports by Commission: devolved Welsh elections and referendums

Delivery of statements of accounts etc. to Commission.

Existing transactions

Authorised expenditure in excess of targeted expenditure limit

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Authorised expenditure in excess of targeted expenditure limit

Orders and regulations.

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Financial limits applying to candidates’ election expenses.

Documents for purposes of the Act.

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Authorised expenditure in excess of targeted expenditure limit

Financial limits applying to candidates’ election expenses.

Functions and liabilities of compliance officers

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CHAPTER 1

Meaning of “election expenses”.

Corrupt and illegal practices: consequences for persons convicted of such practices.

Notices of appointment, renewal, alteration and termination

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Four Electoral Commissioners to be persons put forward by parties

Meaning of “candidate”.

Notices of appointment, renewal, alteration and termination

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Documents for purposes of the Act.

Reports by Commission: devolved Welsh elections and referendums

Reports by the Llywydd's Committee

Reports by Commission: devolved Welsh elections and referendums

Notices of appointment, renewal, alteration and termination

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Financing of Commission: devolved Welsh elections and referendums

Notices of appointment, renewal, alteration and termination

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Establishment of the Electoral Commission.

Four Electoral Commissioners to be persons put forward by parties

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Functions and liabilities of compliance officers

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Notices of appointment, renewal, alteration and termination

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6G

• (1) The Commission must prepare a code of practice on the attendance of—

• (a) representatives of the Commission;

• (b) accredited observers; and

• (c) nominated members of accredited organisations,

at Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and local government elections in Scotland.

• (2) The code must in particular—

• (a) specify the manner in which applications under section 6C(1) and 6D(1) are to be made to the Commission;

• (b) specify the criteria to be taken into account by the Commission in determining such applications;

• (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

• (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

• (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission;

• (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

• (3) The code may make different provision for different purposes.

• (4) Before preparing the code, the Commission must consult the Scottish Ministers.

• (5) The Commission must lay the code before the Scottish Parliament.

• (6) The Commission must publish the code (in such matter as they may determine).

• (7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—

• (a) the Commission;

• (b) representatives of the Commission;

• (c) relevant officers (within the meaning of section 6E).

• (8) The Commission may at any time revise the code.

• (9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.

13A

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20A

• (1) The Commission must, as soon after the end of each financial year as may be practicable, prepare and lay before the Scottish Parliament a report about the performance of the Commission's devolved Scottish functions during that financial year.

• (2) On laying the report, the Commission must publish the report in such manner as they may determine.

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

Notices of appointment, renewal, alteration and termination

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Functions and liabilities of compliance officers

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94A

• (1) A recognised third party may, at any time before the end of a regulated period, send a notice to the Commission—

• (a) stating that it is party to an arrangement of the kind mentioned in section 94(6),

• (b) undertaking to be a lead campaigner in relation to the arrangement, and

• (c) identifying one or more other third parties that are parties to the arrangement and have undertaken to be minor campaigners in relation to it.

• (2) A recognised third party that has sent a notice under subsection (1) may, at any time before the end of the regulated period, send one or more supplementary notices to the Commission identifying additional third parties that are parties to the arrangement and have undertaken to be minor campaigners in relation to it.

• (3) As from the date of receipt by the Commission of—

• (a) a notice under subsection (1), the recognised third party that sent the notice becomes “a lead campaigner” in relation to the arrangement;

• (b) a notice under subsection (1) or (2), a third party identified in the notice becomes “a minor campaigner” in relation to the arrangement.

• (4) A notice under subsection (1) or (2) may not—

• (a) identify as a minor campaigner a third party that is a lead campaigner in relation to the same arrangement, ...

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

• (5) The Commission must, as soon as reasonably practicable after receiving—

• (a) a notice under subsection (1), enter in the register maintained under section 89 (register of notifications) the fact that the recognised third party that sent the notice is a lead campaigner in relation to the arrangement;

• (b) a notice under subsection (1) or (2), enter in that register the name of each third party identified in the notice and the fact that it is a minor campaigner in relation to the arrangement.

• (5A) A recognised third party that is subject to the lower-tier expenditure limits may not send a notice under subsection (1).

• (6) For provision about the effect of sending a notice under this section, see section 94B.

94B

• (1) Subsection (2) applies where controlled expenditure is incurred during a regulated period in a part of the United Kingdom—

• (a) by or on behalf of a minor campaigner in relation to an arrangement, and

• (b) in pursuance of the arrangement.

• (2) The expenditure is treated for the purposes of sections 96 to 99A (returns as to controlled expenditure) as having also been incurred, during the period and in the part of the United Kingdom concerned, by or on behalf of any lead campaigner in relation to the arrangement who sent a notice under section 94A(1) or (2) identifying the minor campaigner.

• (3) In determining for the purposes of section 94(3)(a) whether a limit is exceeded by a third party during a regulated period, controlled expenditure incurred by or on behalf of the third party is to be disregarded if—

• (a) conditions A and B are met in relation to the expenditure, and

• (b) condition C is met.

• (4) Condition A is that the expenditure—

• (a) is incurred in pursuance of an arrangement that has been notified to the Commission under section 94A(1), and

• (b) is, by virtue of section 94(6), treated for the purposes of section 94 and Schedule 10 as incurred by or on behalf of the third party.

• (5) Condition B is that the third party is, at the time the expenditure is incurred, a minor campaigner in relation to the arrangement.

• (6) Condition C is that—

• (a) the total of the controlled expenditure incurred during the regulated period in any part of the United Kingdom by or on behalf of the third party, disregarding any expenditure in relation to which conditions A and B are met, does not exceed the limit for that part mentioned in section 94(5), and

• (b) in the case of a regulated period in relation to which any limit is imposed by paragraph 3, 9 10 or 11 of Schedule 10 (periods involving parliamentary general elections), the total of the controlled expenditure incurred during the regulated period in any particular constituency by or on behalf of the third party, disregarding any expenditure in relation to which conditions A and B are met, does not exceed the limit mentioned in section 94(5ZA).

• (7) References in subsection (6) to controlled expenditure incurred by or on behalf of the third party include controlled expenditure that is, by virtue of section 94(6), treated for the purposes of section 94 and Schedule 10 as so incurred.

Financial limits on targeted controlled expenditure

94C

• (1) Sections 94D to 94H impose limits on, and make other provision relating to, controlled expenditure incurred by or on behalf of a recognised third party where the expenditure is targeted at a particular registered party.

• (2) Section 94D defines when controlled expenditure is regarded as targeted at a particular registered party, specifies the limits and specifies the periods over which the limits operate.

• (3) Section 94E makes provision about the consequences where controlled expenditure targeted at a registered party is incurred by or on behalf of a recognised third party in excess of a limit without authorisation from the registered party.

• (4) Section 94F makes provision about the consequences where controlled expenditure targeted at a registered party is incurred by or on behalf of a recognised third party in excess of a limit with authorisation from the registered party.

• (5) Section 94G makes provision about how a registered party may give or withdraw authorisation (including provision enabling the registered party to specify a cap on the amount of expenditure authorised).

• (6) Section 94H makes provision about the meaning of references to expenditure that “exceeds” a targeted expenditure limit or cap.

94D

• (1) Controlled expenditure is “targeted” at a particular registered party if it can reasonably be regarded as—

• (a) intended to benefit that party or any of its candidates, and

• (b) not intended to benefit any other registered party or any of its candidates.

• (2) A limit (a “targeted expenditure limit”) applies to controlled expenditure that—

• (a) is incurred during a qualifying regulated period in England, Scotland, Wales or Northern Ireland, and

• (b) is targeted at a particular registered party.

• (3) A “qualifying regulated period” is a period in relation to which limits are imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections).

• (4) The targeted expenditure limit applying to controlled expenditure incurred during a qualifying regulated period in a part of the United Kingdom is—

• (a) for the period in relation to which limits are imposed by paragraph 3(2) of Schedule 10, 0.2% of the maximum campaign expenditure limit in that part of the United Kingdom, and

• (b) for any other qualifying regulated period, the relevant proportion of the limit determined in accordance with paragraph (a).

• (5) In subsection (4)(b) “the relevant proportion” means—

$$A B$where—A is the number of days in the period mentioned in subsection (4)(b);B is the number of days in the period mentioned in subsection (4)(a).$

• (6) This section applies for the purposes of sections 94E to 94H.

94E

• (1) This section applies if—

• (a) controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),

• (b) the expenditure exceeds a targeted expenditure limit (to any extent), and

• (c) at the time the expenditure is incurred—

• (i) the third party is not authorised by the registered party to incur expenditure targeted at it, or

• (ii) the third party is so authorised, but the expenditure exceeds a cap specified in the authorisation (to any extent).

• (2) If the third party is not an individual—

• (a) the responsible person is guilty of an offence if the person authorised the expenditure to be incurred by or on behalf of the third party and the person knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit, and

• (b) the third party is also guilty of an offence.

• (3) If the third party is an individual, the third party is guilty of an offence if the third party knew or ought reasonably to have known that the expenditure would be incurred in excess of the targeted expenditure limit.

• (4) It is a defence for a third party charged with an offence under subsection (2) or (3) to show—

• (a) that any code of practice for the time being issued under paragraph 3 of Schedule 8A was complied with in determining whether any expenditure is controlled expenditure for the purposes of this Part, and

• (b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.

94F

• (1) This section applies if—

• (a) controlled expenditure which is targeted at a particular registered party (“the registered party”) is incurred by or on behalf of a recognised third party (“the third party”),

• (b) the expenditure exceeds a targeted expenditure limit (to any extent),

• (c) at the time the expenditure is incurred the third party is authorised by the registered party to incur expenditure targeted at it, and

• (d) if the registered party specified a cap in the authorisation, the expenditure, or any part of it, does not exceed the cap.

• (2) The authorised amount is treated for the purposes of section 79(2) (limits on campaign expenditure) as if—

• (a) it were campaign expenditure within the meaning of Part 5, and

• (b) it was incurred by the registered party at the same time as the controlled expenditure mentioned in subsection (1)(a) was in fact incurred by or on behalf of the third party.

• (3) For the purposes of this section, “the authorised amount” is the amount of the controlled expenditure incurred as mentioned in subsection (1)(a) less—

• (a) such amount, if any, of that expenditure as does not exceed the targeted expenditure limit, and

• (b) such amount, if any, of that expenditure as exceeds a cap specified by the registered party in its authorisation of the third party.

• (4) In determining whether, by virtue of subsection (2), the incurring of controlled expenditure by or on behalf of the third party constitutes an offence under section 79(2) by the treasurer or any deputy treasurer of the registered party, section 79(2)(a)(i) is treated as if the reference in that provision to the authorisation of the expenditure were to the signing of the authorisation under section 94G.

• (5) The treasurer or a deputy treasurer of the registered party must make a declaration of—

• (a) the amount of the controlled expenditure incurred as mentioned in subsection (1)(a), and

• (b) the authorised amount.

• (6) A person commits an offence if the person knowingly or recklessly makes a false declaration under subsection (5).

94G

• (1) A registered party may authorise a recognised third party to incur controlled expenditure in England, Scotland, Wales or Northern Ireland that is targeted at the registered party.

• (2) An authorisation—

• (a) must be in writing,

• (b) must be signed by a relevant officer,

• (c) must specify the part of the United Kingdom to which it relates, and

• (d) may specify a cap on the amount of expenditure authorised.

• (3) An authorisation is of no effect until a copy of it has been given to the Commission by the registered party.

• (4) The Commission must, as soon as is reasonably practicable after receiving a copy of an authorisation, enter in the register maintained under section 89 (register of notifications)—

• (a) the fact that the registered party has given the authorisation, and

• (b) the information specified in it.

• (5) A registered party may at any time withdraw an authorisation already given.

• (6) A withdrawal of an authorisation—

• (a) must be in writing, and

• (b) must be signed by a relevant officer.

• (7) A withdrawal of an authorisation is of no effect until a copy of it has been given to the Commission by the registered party.

• (8) The Commission must, as soon as is reasonably practicable after receiving a copy of a withdrawal of an authorisation, update the register maintained under section 89.

• (9) For the purposes of this section “relevant officer”, in relation to a registered party, means—

• (a) the treasurer of the party, or

• (b) a deputy treasurer of the party.

94H

• (1) Controlled expenditure incurred by or on behalf of a recognised third party during a qualifying regulated period in any part of the United Kingdom that is targeted at a particular registered party “exceeds”—

• (a) a targeted expenditure limit, or

• (b) a cap specified by the registered party in its authorisation of the third party,

if and to the extent that the relevant cumulative total is in excess of that limit or cap.

• (2) For this purpose “the relevant cumulative total” is the total of—

• (a) the controlled expenditure incurred as mentioned in subsection (1), and

• (b) the total of any controlled expenditure targeted at the same registered party which has already been incurred by or on behalf of the third party during the qualifying regulated period in that part of the United Kingdom.

Quarterly and weekly reports of donations to recognised third parties

95A

• (1) The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a pre-dissolution period, prepare a report about reportable donations (“a quarterly report”).

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

• (3) A “pre-dissolution period” means a period—

• (a) beginning with the day that is the fourth anniversary of the day on which the Parliament then in existence first met, and

• (b) ending with the day before the day ... on which Parliament is dissolved.

• (3A) In a case where the pre-dissolution period is 3 months or less, the reporting period is the pre-dissolution period.

• (3B) In a case where the pre-dissolution period is more than 3 months, the reporting periods are—

• (a) the period of 3 months beginning with the first day of the pre-dissolution period,

• (b) any succeeding period of 3 months falling within the pre-dissolution period, and

• (c) any final period of less than 3 months falling within that period.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A quarterly report must comply with the requirements of Schedule 11A.

• (7) A “reportable donation” means a relevant donation (within the meaning of Schedule 11) which—

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

• (b) is accepted, or is dealt with in accordance with section 56(2) (as applied by paragraph 7 of Schedule 11), by the recognised third party during the reporting period.

• (8) A quarterly report must be delivered to the Commission by the responsible person within the period of 30 days beginning with the end of the reporting period to which it relates.

• (9) The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief—

• (a) all reportable donations (if any) recorded in the report as having been accepted by the recognised third party are from permissible donors, and

• (b) there are no reportable donations which are required to be recorded in the report in accordance with Schedule 11A which are not so recorded.

• (10) This section does not require the preparation of a quarterly report in respect of a reporting period if no reportable donations are accepted, or dealt with, as described in subsection (7)(b), by the recognised third party during that period.

• (10A) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.

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

95B

• (1) The responsible person in relation to a recognised third party must, in respect of each reporting period that falls within a general election period, prepare a report about substantial donations (“a weekly report”).

• (2) The reporting periods are—

• (a) the period of 7 days beginning with the first day of the general election period,

• (b) each succeeding period of 7 days falling within the general election period, and

• (c) any final period of less than 7 days falling within that period.

• (3) A “general election period” means the period—

• (a) beginning with the day on which Parliament is dissolved for a parliamentary general election, and

• (b) ending with the date during a qualifying regulated period which is the date of the poll for that election.

• (4) A weekly report must comply with the requirements of Schedule 11A.

• (5) A “substantial donation” means a relevant donation of a substantial value which is received by the recognised third party during the reporting period in respect of the relevant election or elections the poll or polls for which take place during the qualifying regulated period.

• (6) A relevant donation is “of a substantial value” if its value (as determined in accordance with paragraph 5 of Schedule 11) is more than £7,500.

• (7) A weekly report must be delivered to the Commission by the responsible person within the period of 7 days beginning with the end of the reporting period to which it relates.

• (8) The report must be accompanied by a declaration signed by the responsible person stating that, to the best of that person's knowledge and belief, no substantial donations have been received by the recognised third party during the reporting period which are required to be recorded in the report in accordance with Schedule 11A and are not so recorded.

• (9) This section does not require the preparation of a weekly report in respect of a reporting period if no substantial donations are received by the recognised third party during that period.

• (10) In this section—

• “qualifying regulated period” means a period in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections);

• “relevant donation” has the same meaning as in Schedule 11.

• (10A) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.

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

95C

• (1) The responsible person in relation to a recognised third party commits an offence if, without reasonable excuse, the responsible person—

• (a) fails to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7),

• (b) delivers a quarterly or weekly report to the Commission without the accompanying declaration required under section 95A(9) or 95B(8), or

• (c) delivers a quarterly or weekly report to the Commission which does not comply with the requirements of Schedule 11A.

• (2) The responsible person in relation to a recognised third party commits an offence if the person knowingly or recklessly makes a false declaration under section 95A(9) or 95B(8).

95D

• (1) The court may, on an application made by the Commission, order the forfeiture by a recognised third party of an amount equal to the value of a relevant donation where the court is satisfied that—

• (a) a failure by the responsible person to deliver a quarterly or weekly report in accordance with section 95A(8) or 95B(7), or

• (b) the delivery by the responsible person of a quarterly or weekly report which fails to comply with a requirement of Schedule 11A,

was attributable to an intention on the part of any person to conceal the existence or true amount of the donation.

• (2) The standard of proof in proceedings on an application under this section is that applicable to civil proceedings.

• (3) A forfeiture order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

• (4) In this section “the court” means—

• (a) in relation to England and Wales, a magistrates' court;

• (b) in relation to Scotland, the sheriff;

• (c) in relation to Northern Ireland, a court of summary jurisdiction.

• (5) Proceedings on an application under this section to the sheriff are civil proceedings.

• (6) Sections 59 and 60 (appeals etc against forfeiture orders) apply for the purposes, or in connection with the operation, of this section in relation to a recognised third party as they apply for the purposes, or in connection with the operation, of section 58 in relation to a registered party.

• (7) In this section “relevant donation” has the same meaning as in Schedule 11.

• (8) This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.

95E

• (1) This section applies where the requirements in section 95A or 95B to prepare quarterly or weekly reports in the case of a pre-dissolution period or a general election period have effect in relation to a recognised third party.

• (2) If the third party's notification under section 88(1) lapses during the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party—

• (a) in respect of the reporting period in which the notification lapses, and

• (b) in respect of each reporting period (if any) which preceded that period and which falls within the pre-dissolution period or the general election period.

• (3) If the third party's notification under section 88(1) lapses at or after the end of the pre-dissolution period or the general election period, the requirements in section 95A or 95B (as the case may be) continue to have effect in relation to the third party in the case of that period.

• (4) In a case where subsection (2) or (3) applies, references in sections 95A to 95D to the responsible person are to be read, for the purposes of, or in connection with, the discharge of obligations of the responsible person under those sections, as references to the person who was the responsible person in relation to the recognised third party immediately before the notification lapsed.

• (5) In this section—

• (a) “pre-dissolution period” and “reporting period”, in relation to a quarterly report, have the same meaning as in section 95A, and

• (b) “general election period” and “reporting period”, in relation to a weekly report, have the same meaning as in section 95B.

95F

• (1) Where the Commission receive a quarterly or weekly report under section 95A or 95B, they must—

• (a) as soon as reasonably practicable after receiving the report, make a copy of the report, and of any documents accompanying it, available for public inspection, and

• (b) keep any such copy available for public inspection for the period for which the report or other document is kept by them.

• (2) The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any donation by an individual, the donor's address.

• (3) At the end of the period of 2 years beginning with the date when any report or other document mentioned in subsection (1) is received by the Commission—

• (a) they may cause the report or other document to be destroyed, but

• (b) if requested to do so by the responsible person in relation to the third party concerned, they must arrange for the report or other document to be returned to that person.

96A

• (1) Where—

• (a) a return falls to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and

• (b) the period is one in relation to which any limit is imposed by paragraph 3, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections),

the responsible person must, subject to subsections (8) and (9), also prepare a statement of accounts in respect of the regulated period.

• (2) A statement of accounts under this section must include—

• (a) a statement of the income and expenditure of the third party for the regulated period, and

• (b) a statement of its assets and liabilities at the end of that period.

• (3) A statement of accounts under this section must comply with such requirements as to the form and contents of the statement as may be prescribed by regulations made by the Commission.

• (4) Regulations under subsection (3) may in particular—

• (a) require any statement of accounts to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;

• (b) specify information which is to be provided by way of notes to the accounts.

• (5) Without prejudice to the generality of paragraph 22(7) of Schedule 1 (power to make different provision for different cases), regulations under subsection (3) may impose different requirements according to which of the following bands the gross income or total expenditure of a third party falls within—

• (a) not exceeding £25,000;

• (b) exceeding £25,000 but not £100,000;

• (c) exceeding £100,000 but not £250,000;

• (d) exceeding £250,000.

• (6) The Secretary of State may by order amend subsection (5) by varying the number of bands set out in it.

• (7) The Secretary of State may not make an order under subsection (6) except to give effect to a recommendation of the Commission.

• (8) This section does not apply if the third party is an individual.

• (9) This section does not apply to a third party in relation to a regulated period if the Commission are satisfied—

• (a) that a statement or statements prepared or to be prepared by the third party under any enactment contains or will contain the information required by subsection (2) or equivalent information, and

• (b) that the Commission are, or will be, able to inspect that statement or those statements.

• (10) Equivalent information is—

• (a) a statement or statements of the income and expenditure for a period or periods other than the regulated period, or

• (b) a statement or statements of assets and liabilities at a date or dates other than the end of that period,

but which in the Commission's opinion gives a sufficient indication of the third party's accounts for, or at the end of, the regulated period.

• (11) Where section 96(7) (lapse of notification) applies to the preparation of a return—

• (a) the reference to the responsible person in subsection (1) of this section is to be read as a reference to the person described in section 96(7)(b), and

• (b) for the purposes of, or in connection with, the discharge of obligations of the responsible person under sections 98 and 99A in relation to a statement of accounts under this section, references to the responsible person are to be read as references to that person.

• (12) In this section and section 97 “gross income” means gross recorded income from all sources.

99A

• (1) Each statement of accounts prepared under section 96A must, when delivered to the Commission, be accompanied by a declaration which complies with subsection (2) and is signed by the responsible person.

• (2) The declaration must state—

• (a) that the responsible person has examined the statement in question; and

• (b) that to the best of that person's knowledge and belief it is a complete and correct statement of accounts as required by law.

• (3) A person commits an offence if—

• (a) that person knowingly or recklessly makes a false declaration under this section; or

• (b) subsection (1) is contravened without reasonable excuse at a time when that person is the responsible person in the case of the recognised third party to which the statement of accounts relates.

SCHEDULE 8A

Part 1 — Qualifying expenses

1

For the purposes of section 85(2) the expenses falling within this Part of this Schedule are expenses incurred in respect of any of the matters set out in the following list.

2

• (1) Nothing in paragraph 1 extends to—

• (a) expenses incurred in respect of the publication of any matter relating to an election, other than an advertisement, in—

• (i) a newspaper or periodical,

• (ii) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

• (iii) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996;

• (b) expenses incurred in respect of, or in consequence of, the translation of anything from English into Welsh or from Welsh into English;

• (c) reasonable personal expenses incurred by an individual in travelling or in providing for the individual's accommodation or other personal needs;

• (d) reasonable expenses incurred that are reasonably attributable to an individual's disability;

• (e) expenses incurred in respect of the provision by any individual of the individual's own services which the individual provides voluntarily in the individual's own time and free of charge;

• (f) in relation to an election for the purposes of which a limit is imposed by paragraph 3, 6, 7, 9, 10 or 11 of Schedule 10 (limits for periods relating to parliamentary general elections , general elections to Senedd Cymru, or general elections to the Northern Ireland Assembly), reasonable expenses incurred that are reasonably attributable to the protection of persons or property.

• (2) In sub-paragraph (1)(d), “disability” has the same meaning as in the Equality Act 2010 (see section 6 of that Act).

• (3) In relation to polls at elections for membership of the Scottish Parliament, nothing in paragraph 1 is to be taken as extending to reasonable expenses incurred that are reasonably attributable to the translation of anything into languages other than English.

Part 2 — Supplemental

Guidance by the Commission

3

• (1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within Part 1 of this Schedule.

• (2) Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval.

• (3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.

• (4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—

• (a) in its original form, or

• (b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

• (5) If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them.

• (6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code.

• (7) If no such resolution is made within the 40-day period—

• (a) the Secretary of State shall issue the code in the form of the draft laid before Parliament, and

• (b) the code shall come into force on such date as the Secretary of State may by order appoint,

and the Commission shall arrange for it to be published in such manner as they consider appropriate.

• (8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

• (9) In this paragraph “40-day period”, in relation to a draft code, means—

• (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

• (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (10) In this paragraph references to a draft code include a draft revised code.

• (11) This paragraph does not apply in relation to expenses incurred during a period in relation to which any limit is imposed by paragraph 3, 5, 6, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections , general elections to the Scottish Parliament , ordinary or extraordinary general elections to Senedd Cymru, or general elections to the Northern Ireland Assembly) (see sections 100A and 100B , 100AA, 100B and 100BA , 100B and 100C as regards expenses incurred during such a period).

Power to amend Part 1

4

• (1) The Secretary of State may by order make such amendments of Part 1 of this Schedule as he considers appropriate.

• (2) The Secretary of State may make such an order either—

• (a) where the order gives effect to a recommendation of the Commission, or

• (b) after consultation with the Commission.

Attribution of expenditure to different parliamentary constituencies

2A

• (1) For the purposes of this Schedule controlled expenditure incurred by or on behalf of any recognised third party shall (subject to the following provisions of this paragraph) be attributed to each parliamentary constituency in equal proportions.

• (2) Controlled expenditure whose effects are wholly or substantially confined to any particular constituencies or constituency—

• (a) shall be attributed to those constituencies in equal proportions, or

• (b) shall be attributed solely to that constituency,

as the case may be.

• (3) For the purposes of sub-paragraph (2), the effects of controlled expenditure are wholly or substantially confined to any particular constituencies or constituency if they have no significant effects in any other constituency or constituencies.

• (4) References in this Schedule to controlled expenditure “in” a particular constituency are accordingly to controlled expenditure which is to be attributed to that constituency in accordance with this paragraph.

SCHEDULE 11A

Part 1 — Preliminary

1

• (1) In this Schedule—

• (a) “quarterly report” means a report required to be prepared under section 95A;

• (b) “reportable donation”, in relation to a quarterly report, has the same meaning as in that section;

• (c) “weekly report” means a report required to be prepared under section 95B;

• (d) “substantial donation”, in relation to a weekly report, has the same meaning as in that section;

• (e) “reporting period”, in relation to a report, means the reporting period within the meaning of section 95A or 95B in respect of which the report is made.

• (2) References in this Schedule to the value of a donation are to its value as determined in accordance with paragraph 5 of Schedule 11.

• (3) References in this Schedule to section 56 are to that section as applied by paragraph 7 of Schedule 11.

Part 2 — Quarterly reports

Requirements of quarterly reports

2

• (1) A quarterly report in respect of a reporting period—

• (a) must contain the statement mentioned in paragraph 3 (reportable donations accepted during reporting period), and

• (b) must contain the statement mentioned in paragraph 5 (reportable donations from impermissible or unidentifiable donors dealt with during reporting period).

• (2) Where, because of the application of paragraph 2(3B) of Schedule 6 by virtue of paragraph 3(2)(a), the information required in the statement mentioned in paragraph 3 is a statement that the recognised third party has seen certain evidence that an individual has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983), the quarterly report must be accompanied by that evidence.

Statement relating to reportable donations accepted during reporting period

3

• (1) The statement required by paragraph 2(1)(a) to be contained in a quarterly report is a statement recording—

• (a) the appropriate details in relation to each reportable donation accepted by the recognised third party during the reporting period which is of a substantial value in the context of that period,

• (b) the total value of all other reportable donations which are accepted by the recognised third party during the reporting period, and

• (c) such other information as may be required by regulations made by the Commission.

• (2) In relation to a reportable donation of the kind mentioned in sub-paragraph (1)(a), the “appropriate details” means—

• (a) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6,

• (b) where the donation is of money, the amount of the donation,

• (c) where the donation is not of money, the nature of the donation and its value,

• (d) the date the donation was accepted by the recognised third party, and

• (e) such other information as may be required by regulations made by the Commission.

4

• (1) For the purposes of paragraph 3(1)(a), a reportable donation is of a substantial value in the context of a reporting period (“the reporting period”) if—

• (a) in a case where there are no reportable donations made by the donor which have been recordable in any previous relevant quarterly report, condition A is met;

• (b) in any other case, condition B is met.

• (2) Condition A is met if—

• (a) the value of the donation is more than £7,500, or

• (b) its value, when added to the value of all other reportable donations (if any) made by the same donor which are accepted by the recognised third party in the relevant pre-dissolution period, is more than £7,500.

• (3) Condition B is met if—

• (a) the value of the donation is more than £1,500, or

• (b) its value, when added to the value of all other reportable donations (if any) made by the same donor which fall within sub-paragraph (4), is more than £1,500.

• (4) A reportable donation falls within this sub-paragraph if—

• (a) it is accepted by the recognised third party in the relevant pre-dissolution period, and

• (b) it was not recordable in any previous relevant quarterly report.

• (5) If a reportable donation which is aggregated under sub-paragraph (2)(b) or (3)(b) was accepted by the recognised third party in a previous reporting period, the donation is to be treated for the purposes of paragraph 3(1)(a) as accepted by the third party during the reporting period.

• (6) For the purposes of this paragraph a donation is “recordable in any previous relevant quarterly report” if details of the donation were required to be recorded under paragraph 3(1)(a) in any previous quarterly report in relation to the recognised third party in the case of the relevant pre-dissolution period.

• (7) In this paragraph, “the relevant pre-dissolution period” means the pre-dissolution period (within the meaning of section 95A) within which the reporting period falls.

Statement of reportable donations dealt with during reporting period

5

• (1) The statement required by paragraph 2(1)(b) to be contained in a quarterly report is a statement recording the appropriate details in relation to each reportable donation which—

• (a) the recognised third party is prohibited from accepting by virtue of—

• (i) paragraph 6(1)(a) of Schedule 11, or

• (ii) paragraph 6(1)(b) of that Schedule, and

• (b) is dealt with by the recognised third party during the reporting period in accordance with section 56(2).

• (2) In relation to a reportable donation of the kind mentioned in sub-paragraph (1)(a)(i), the “appropriate details” means—

• (a) the name and address of the donor,

• (b) where the donation is of money, the amount of the donation,

• (c) where the donation is not of money, the nature of the donation and its value,

• (d) the date the donation was received by the recognised third party,

• (e) the date and manner in which the donation was dealt with in accordance with section 56(2)(a), and

• (f) such other information as may be required by regulations made by the Commission.

• (3) In relation to a reportable donation of the kind mentioned in sub-paragraph (1)(a)(ii), the “appropriate details” means—

• (a) details of the manner in which the donation was made,

• (b) where the donation is of money, the amount of the donation,

• (c) where the donation is not of money, the nature of the donation and its value,

• (d) the date the donation was received by the recognised third party,

• (e) the date and manner in which the donation was dealt with in accordance with section 56(2)(b), and

• (f) such other information as may be required by regulations made by the Commission.

Supplementary

6

Where reference is made in this Part to a donation being accepted, or dealt with in accordance with section 56(2), by a recognised third party during a reporting period, it is irrelevant whether the donation was also received by that party in that period.

Part 3 — Weekly Reports

7

• (1) A weekly report in respect of a reporting period must contain a statement recording the appropriate details in relation to each substantial donation received by the recognised third party during that period.

• (2) The “appropriate details” means—

• (a) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 3 of Schedule 6,

• (b) where the donation is of money, the amount of the donation,

• (c) where the donation is not of money, the nature of the donation and its value,

• (d) the date the donation was received by the recognised third party, and

• (e) such other information as may be required by regulations made by the Commission.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financing of Commission: devolved Scottish elections

143A

• (1) “Election material” means material which can reasonably be regarded as intended to promote or procure electoral success at any relevant election for—

• (a) one or more particular registered parties,

• (b) one or more registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

• (c) candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates.

• (2) For the purposes of subsection (1)—

• (a) the reference to electoral success at any relevant election is a reference—

• (i) in relation to a registered party, to the return at any such election of candidates standing in the name of the party or included in a list of candidates submitted by the party in connection with the election, and

• (ii) in relation to candidates, to their return at any such election,

• (b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates, and

• (c) a course of conduct may constitute the doing of one of those things even though it does not involve any express mention being made of the name of any party or candidate.

• (3) In determining whether material can reasonably be regarded as intended to promote or procure electoral success as mentioned in subsection (1), it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well.

• (4) In this section—

• “candidate” includes a future candidate, whether identifiable or not;

• “relevant election” has the same meaning as in Part 2 (see section 22(5)).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions and liabilities of compliance officers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions and liabilities of compliance officers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72A

• (1) The powers under the following provisions of Schedule 8 are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—

• (a) paragraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),

• (b) paragraph 3(7) (power to appoint day when code comes into force), and

• (c) paragraph 4(1) (power to amend Part 1 of Schedule 8).

• (2) For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8 apply—

• (a) as if any reference to the Secretary of State were a reference to the Scottish Ministers,

• (b) as if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,

• (c) as if in paragraph 3(9) for the words from “means—” to the end there were substituted “ means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament. ”

• (3) Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.

85A

• (1) The powers under the following provisions of Schedule 8A are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament and local government elections in Scotland—

• (a) paragraph 3(3) (power to approve a draft code of practice prepared by the Electoral Commission),

• (b) paragraph 3(7) (power to appoint day when code comes into force), and

• (c) paragraph 4(1) (power to amend Part 1 of Schedule 8A).

• (2) For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3 and 4 of Schedule 8A apply—

• (a) as if any reference to the Secretary of State were a reference to the Scottish Ministers,

• (b) as if any reference to “each House of Parliament”, “each House”, “either House”, “both Houses” or “Parliament” were a reference to the Scottish Parliament,

• (c) as if in paragraph 3(9) for the words from “means—” to the end there were substituted “ means the period of 40 days beginning with the day on which the draft is laid before the Scottish Parliament. ”

• (3) Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.

95ZA

• (1) The powers under the following provisions of Schedule 11 are exercisable by the Scottish Ministers instead of the Secretary of State, so far as they relate to polls at elections for membership of the Scottish Parliament—

• (a) paragraph 3(4) (power to change meaning of defined expenses and sponsorship),

• (b) paragraph 6A(6) (power to make regulations about how the value of a benefit is calculated), and

• (c) paragraph 6B(4) (power to make regulations about the retention of declarations).

• (2) For the purposes of the exercise by the Scottish Ministers of the powers mentioned in subsection (1), paragraphs 3, 6A and 6B of Schedule 11 apply as if any reference to the Secretary of State was a reference to the Scottish Ministers.

• (3) Subsection (1) does not apply to a power so far as it relates to circumstances where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election for membership of the Scottish Parliament and to the date of any other election.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149A

• (1) Subsections (2) to (4) of section 149 (Commission to make available a copy of the register) do not apply to so much of the register maintained under section 69 (register of recordable donations) as concerns donations to which section 71E (non-disclosure of a donation received by a Northern Ireland recipient) applies.

• (2) Subsections (2) to (4) of section 149 do not apply to so much of the register maintained under section 71V (register of recordable transactions) as concerns recordable transactions to which section 71Z4 (non-disclosure of a transaction to which a Northern Ireland participant is a party) applies.

• (3) Subsections (2) to (4) of section 149 do not apply to a part of a register to which subsection (4) or (5) applies.

• (4) This subsection applies to a part of the register maintained under section 69 where—

• (a) the information included in that part of the register relates to a donation which is received by a Northern Ireland recipient and is a donation to which section 71E does not apply, and

• (b) that part of the register contains details relating to—

• (i) a document of a kind mentioned in paragraph 2A(4)(b) (Irish passports etc.) of Schedule 6, or

• (ii) a statement of a kind mentioned in paragraph 2A(5)(c) (statement by Department of Foreign Affairs of Ireland) of that Schedule.

• (5) This subsection applies to a part of the register maintained under section 71V where—

• (a) the information included in that part of the register relates to a transaction which is entered into by a Northern Ireland participant and is a transaction to which section 71Z4 does not apply, and

• (b) that part of the register contains details relating to a document of a kind mentioned in paragraph 2A(4)(b) (Irish passports etc.) of Schedule 6A.

• (6) But where subsection (3) would otherwise have the effect that the Commission would be prevented from making available to the public information to which this subsection applies, it does not have that effect.

• (7) Subsection (6) applies to information supplied to the Commission—

• (a) under a provision of Schedule 6 which is not mentioned in subsection (4)(b), or

• (b) under a provision of Schedule 6A which is not mentioned in subsection (5)(b).

• (8) A reference in this section to a provision of Schedule 6 or 6A includes a reference to that provision as applied by paragraph 10(4) of Schedule 7 or paragraph 9(9) of Schedule 7A.

• (9) In this section—

• (a) “Northern Ireland recipient” has the same meaning as in Chapter 6 of Part 4, and

• (b) “Northern Ireland participant” has the same meaning as in Chapter 2 of Part 4A.

Power to vary provisions about election expenses.

8A

• (1) This paragraph applies where information about a change of a kind mentioned in section 71Z4(A3)(a) to a transaction to which a Northern Ireland participant, or an accounting unit of a Northern Ireland participant, is a party is supplied in a quarterly report in respect of a period beginning on or after 1 January 2018.

• (2) The report must state the date on which the change took effect.

• (3) Where the transaction was entered into before 1 January 2014, the report must state that fact.

Functions and liabilities of compliance officers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documents for purposes of the Act.

Notices of appointment, renewal, alteration and termination

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6ZA

• (1) Where a report under subsection (1) of section 6 relates to Scottish Parliamentary general elections or local government elections in Scotland, the Commission must submit the report to—

• (a) the Scottish Ministers in so far as the report relates to—

• (i) a matter mentioned in paragraph (a) of that subsection, or

• (ii) the law relating to such a matter,

• (b) the Secretary of State in so far as the report relates to—

• (i) a matter mentioned in paragraph (b), (c), (e) or (f) of that subsection, or

• (ii) the law relating to such a matter.

• (2) At the request of the Scottish Ministers, and within such time as the Scottish Ministers may specify, the Commission must—

• (a) review, and

• (b) submit a report to the Scottish Ministers on,

such matter as the Scottish Ministers may specify in so far as it relates to any elections mentioned in subsection (3) and does not relate to a reserved matter (within the meaning of the Scotland Act 1998).

• (3) The elections are—

• (a) Scottish Parliamentary general elections,

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

• (c) local government elections in Scotland.

6ZA

• (1) The Commission must keep the matters mentioned in subsection (2) under review, and must from time to time submit reports on those matters to the Welsh Ministers.

• (2) The matters are such matters as the Commission may from time to time determine relating to—

• (a) general elections of Members of the Senedd;

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

• (c) local government elections in Wales;

• (d) referendums under Part 2 of the Local Government Act 2000 and Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales);

• (e) the law relating to the elections and referendums mentioned in paragraphs (a) to (d).

• (3) Subsection (4) applies if the Welsh Ministers request the Commission to review and report on any matter or matters for which provision is or could be made in an Act of Senedd Cymru (whether or not falling within subsection (2)).

• (4) The Commission must, within such time as the Welsh Ministers may specify—

• (a) review the matters specified in the request, and

• (b) submit a report on those matters to the Welsh Ministers.

• (5) The Commission must publish each report made under this section in such manner as the Commission may determine.

6G

• (1) The Commission must prepare a code of practice on the attendance at elections specified in subsection (2) of—

• (a) representatives of the Commission,

• (b) accredited observers, and

• (c) nominated members of accredited organisations.

• (2) The code must make provision about attendance at—

• (a) general elections of Members of the Senedd;

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

• (c) local government elections in Wales.

• (3) The code must in particular—

• (a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;

• (b) specify the criteria to be taken into account by the Commission in determining such applications;

• (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;

• (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;

• (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission;

• (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.

• (4) The code may make different provision for different purposes.

• (5) Before preparing the code, the Commission must consult the Welsh Ministers.

• (6) The Commission must lay the code before Senedd Cymru.

• (7) The Commission must publish the code (in such manner as the Commission may determine).

• (8) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E in relation to an election specified in subsection (2)—

• (a) the Commission;

• (b) representatives of the Commission;

• (c) relevant officers (within the meaning of section 6E).

• (9) The Commission may at any time revise the code.

• (10) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.

6H

• (1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to—

• (a) the matters which are, or are not, to be regarded as election expenses,

• (b) the cases or circumstances in which expenses are, or are not, to be regarded as incurred,

for the purposes of any order under section 12(1) of the Scotland Act 1998 in so far as regulating the incurring of expenses for the purposes of a candidate's election at a Scottish Parliamentary general election or an election under section 9 of the Scotland Act 1998 (constituency vacancies).

• (2) Once the Commission have prepared a draft code under this section, the Commission must submit it to the Scottish Ministers for their approval.

• (3) The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine.

• (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either—

• (a) in its original form, or

• (b) in a form which incorporates any modifications determined under subsection (3).

• (5) If the draft incorporates any modifications determined under subsection (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making the modifications.

• (6) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to the draft code.

• (7) If no such resolution is made within the 40-day period—

• (a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and

• (b) the Commission must arrange for it to be published in such manner as the Commission think appropriate.

• (8) Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament.

• (9) In this section, “the 40-day period”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days).

• (10) In this section, references to a draft code include references to a draft revised code.

9AA

• (1) The Commission may from time to time—

• (a) determine standards of performance for relevant officers mentioned in subsection (2), and

• (b) publish, in such form and in such manner as they consider appropriate, the standards so determined.

• (2) The standards of performance are such standards as the Commission think ought to be achieved by—

• (a) electoral registration officers for areas in Wales in the performance of their functions in relation to registers of local government electors;

• (b) returning officers in the administration of the elections specified in subsection (6);

• (c) counting officers in the administration of the referendums specified in subsection (7).

• (3) Before determining standards under subsection (1), the Commission must consult—

• (a) the Welsh Ministers, and

• (b) any other person they think appropriate.

• (4) The Commission may determine different standards for different descriptions of relevant officers.