Legalize / United Kingdom / Public General Act

Political Parties, Elections and Referendums Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) When the Commission publish standards under subsection (1) they must send a copy to the Welsh Ministers who must lay a copy before Senedd Cymru.

(6) The elections specified in this subsection are—

(a) a general election of Members of the Senedd;

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

(7) The referendums specified in this subsection are referendums under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales).

9AA

(1) Before determining standards under subsection (1) of section 9A relating to any elections mentioned in subsection (5A)(a) to (c) of that section, the Commission must consult—

(a) the Scottish Ministers, and

(b) any other person they think appropriate.

(2) When the Commission publish standards under subsection (1) of section 9A relating to any elections mentioned in subsection (5A)(a) to (c) of that section—

(a) the Commission must send a copy of the published standards to the Scottish Ministers, and

(b) the Scottish Ministers must lay a copy of the published standards before the Scottish Parliament.

Financing of Commission: devolved Scottish elections

14A

(1) The Scottish Parliamentary Corporate Body (in this paragraph, the “SPCB”) must reimburse the Commission for any expenditure properly incurred by the Commission (in so far as it cannot be met out of income received by the Commission) which is attributable to the exercise of the Commission's devolved Scottish functions.

(2) Sub-paragraph (1) does not require the SPCB to reimburse any expenditure which exceeds or is otherwise not covered by an estimate or, as the case may be, a revised estimate approved under this paragraph.

(3) However, the SPCB may reimburse that expenditure.

(4) For each financial year, the Commission must prepare an estimate of the Commission's income and expenditure for the year in relation to the Commission's devolved Scottish functions and, at least 6 months before the start of the financial year to which the estimate relates (or such later date as the Commission and the SPCB may agree), send the estimate to the SPCB for approval.

(5) The Commission may, in the course of a financial year, prepare a revised estimate for the remainder of the year and send it to the SPCB for approval.

(6) In preparing an estimate or a revised estimate, the Commission must ensure that the estimated level of income and expenditure is consistent with the economical, efficient and effective exercise by the Commission of their devolved Scottish functions.

(7) An estimate or a revised estimate must contain a statement that the Commission have complied with the duty under sub-paragraph (6).

(8) In this paragraph, “devolved Scottish functions”, in relation to the Commission, means the functions of the Commission under Part 1 in relation to—

(a) Scottish Parliamentary general elections,

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

in so far as those functions do not relate to reserved matters (within the meaning of the Scotland Act 1998).

15A

(1) When the Commission send to the Scottish Parliamentary Corporate Body (in this paragraph, the “SPCB”) an estimate under paragraph 14A(4) in respect of the first financial year to begin after the day on which the Scottish Parliament meets for the first time following a general election for membership of the Scottish Parliament, the Commission must at the same time submit to the SPCB a plan prepared by the Commission setting out the Commission’s—

(a) aims and objectives for the exercise of the Commission’s devolved Scottish functions during the period of 5 years beginning with the start of the financial year to which the estimate relates, and

(b) estimated requirements for resources for the exercise of those functions during that 5 year period.

(2) A plan under sub-paragraph (1) must include how the Commission will aim to reduce the number of spoilt ballot papers at the elections mentioned in sub-paragraph (11)(a) during the period.

(3) In sub-paragraph (2) a “spoilt ballot paper” means a ballot paper that the voter has inadvertently dealt with in such a manner that it cannot be conveniently used as a ballot paper.

(4) The SPCB may require the Commission to submit a plan under sub-paragraph (1) when the Commission send such an estimate as is mentioned in paragraph 14A in respect of a financial year other than one mentioned in that sub-paragraph.

(5) The SPCB—

(a) must examine each plan submitted to it,

(b) must decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their devolved Scottish functions, and

(c) if it is not so satisfied, may recommend such modifications to the plan as it considers appropriate for the purpose of achieving such consistency.

(6) Before deciding whether it is so satisfied or making any such recommendations, the SPCB may provide a draft of the plan and invite, and (if any are given) consider, comments on it from—

(a) a committee of the Scottish Parliament,

(b) such other persons as the SPCB consider appropriate.

(7) The SPCB must, as soon as reasonably practicable after concluding its examination and making its recommendations (if any) under sub-paragraph (5) in relation to the plan, report to the Commission on its findings and recommendations.

(8) After the SPCB has reported to the Commission under sub-paragraph (7), the Commission must—

(a) make whatever modifications to the draft plan the Commission consider necessary in light of the SPCB’s findings and recommendations,

(b) lay the plan before the Scottish Parliament, and

(c) if the Commission do not follow any of the SPCB’s recommendations for modifications to the plan under this paragraph, lay before the Scottish Parliament a document describing its reasons for so doing.

(9) The Commission may, at any time during the period of 5 years to which a plan relates, review the plan for that period and submit a revised plan to the SPCB setting out the matters mentioned in sub-sub-paragraphs (a) and (b) of sub-paragraph (1).

(10) Sub-paragraphs (5) to (8) apply to a revised plan submitted under sub-paragraph (9) as they apply to a plan submitted under sub-paragraph (1).

(11) In this paragraph, “Scottish devolved functions”, in relation to the Commission, means the functions of the Commission—

(a) under Part 1 in relation to—

(i) Scottish Parliamentary general elections,

(ii) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and

(iii) local government elections in Scotland, and

(b) under the Referendums (Scotland) Act 2020 in relation to any referendum held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament,

in so far as those functions do not relate to reserved matters (within the meaning of the Scotland Act 1998).

16A

(1) The expenditure of the Commission that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums is (so far as it cannot be met out of income received by the Commission) to be payable out of the Welsh Consolidated Fund.

(2) For each financial year, the Commission must prepare an estimate of the Commission's income and expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums.

(3) At least six months before the start of the financial year to which an estimate relates, the Commission must submit the estimate to the Llywydd's Committee.

(4) During the financial year to which an estimate relates, the Commission may prepare a revised estimate and submit it to the Llywydd's Committee; and references in the rest of this paragraph to an estimate include a revised estimate.

(5) The committees of Senedd Cymru must include one to be known as the Llywydd's Committee or Pwyllgor y Llywydd.

(6) The committee must be chaired by the Presiding Officer or a Deputy Presiding Officer.

(7) The Llywydd's Committee must—

(a) examine each estimate submitted to it,

(b) decide whether it is satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions in relation to devolved Welsh elections and devolved Welsh referendums, and

(c) if it is not so satisfied, make such modifications to the estimate as it considers appropriate for the purpose of achieving such consistency.

(8) Before deciding whether it is so satisfied or making any such modifications, the Llywydd's Committee must—

(a) have regard to the most recent report made to it by the Comptroller and Auditor General under paragraph 16C(2), to any later report made under paragraph 16C(4), and to any recommendations contained in the reports;

(b) consult the Welsh Ministers and have regard to any advice the Welsh Ministers may give.

(9) The Llywydd's Committee must, after concluding its examination and making its modifications (if any) to the estimate, lay the estimate before Senedd Cymru.

(10) If the Llywydd's Committee, in the discharge of its functions under this paragraph—

(a) does not follow any recommendation contained in a report of the Comptroller and Auditor General,

(b) does not follow any advice given to it by the Welsh Ministers, or

it must include in the next report which it makes to Senedd Cymru under paragraph 20B a statement of its reasons for so doing.

16B

(1) This paragraph applies where paragraph 16A(3) requires the Commission to submit an estimate to the Llywydd's Committee and⁠—

(a) the estimate is the first estimate to be submitted under paragraph 16A(3),

(b) the estimate relates to the first financial year to begin after the day on which Senedd Cymru meets following an ordinary general election of Members of the Senedd, or

(c) the estimate relates to any other financial year and the Llywydd's Committee requires the Commission to submit a plan under this paragraph.

(2) When the Commission submit the estimate, the Commission must at the same time submit to the Llywydd's Committee a plan setting out⁠—

(a) the Commission's aims and objectives for the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums during the period of five years beginning with the financial year to which the estimate relates, and

(b) the Commission's estimated requirements for resources for the exercise of those functions during that five-year period.

(3) The Llywydd's Committee must—

(a) examine each plan submitted to it,

(b) decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions in relation to devolved Welsh elections and devolved Welsh referendums, and

(c) if it is not so satisfied, make such modifications to the plan as it considers appropriate for the purpose of achieving such consistency.

(4) Before deciding whether it is so satisfied or making any such modifications, the Llywydd's Committee must—

(a) have regard to the most recent report made to it by the Comptroller and Auditor General under paragraph 16C(2) and to any recommendations contained in the report;

(b) consult the Welsh Ministers and have regard to any advice the Welsh Ministers may give.

(5) The Llywydd's Committee must, after concluding its examination and making its modifications (if any) to the plan, lay the plan before Senedd Cymru.

(6) If the Llywydd's Committee, in the discharge of its functions under this paragraph—

(a) does not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b) does not follow any advice given to it by the Welsh Ministers, or

it must include in the next report which it makes to Senedd Cymru under paragraph 20B a statement of its reasons for so doing.

16C

(1) Sub-paragraph (2) applies where the Commission submit to the Llywydd's Committee both an estimate under paragraph 16A(3) and a plan under paragraph 16B(2).

(2) For the purpose of assisting the Llywydd's Committee to discharge its functions under paragraphs 16A and 16B, the Comptroller and Auditor General must, before the Llywydd's Committee considers the estimate and plan—

(a) carry out an examination into the economy, efficiency or effectiveness (or, if the Comptroller and Auditor General so determines, any combination of them) with which the Commission have used their resources in discharging their functions in relation to devolved Welsh elections and devolved Welsh referendums (or, if the Comptroller and Auditor General so determines, any of those functions),

(b) report to the Llywydd's Committee the results of the examination, and

(c) include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination.

(3) Sub-paragraph (4) applies where the Commission—

(a) submit an estimate to the Llywydd's Committee under paragraph 16A(3) but are not required to submit a plan under paragraph 16B(2), or

(b) submit a revised estimate to the Llywydd's Committee under paragraph 16A(4).

(4) For the purpose of assisting the Llywydd's Committee to discharge its functions under paragraph 16A, the Comptroller and Auditor General may, before the Llywydd's Committee considers the estimate⁠—

(a) carry out a further examination into the matters mentioned in sub-paragraph (2)(a),

(b) report to the Llywydd's Committee the results of the examination, and

(c) include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination.

(5) Section 8 of the National Audit Act 1983 (right to obtain documents and information) applies in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act.

(6) See also section 19 of the Public Audit (Wales) Act 2013 (which enables the Wales Audit Office to make arrangements for any function of a public authority or office holder to be exercised by the Auditor General for Wales).

Reports by Commission: devolved Welsh elections and referendums

20A

(1) The Commission must, as soon as practicable after the end of each financial year—

(a) prepare a report about the performance of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums during that financial year, and

(b) lay the report before Senedd Cymru.

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

20B

(1) The Llywydd's Committee must, at least once in each year—

(a) prepare a report on the exercise by the Llywydd's Committee of its functions under this Schedule, and

(b) lay the report before Senedd Cymru.

(2) For the purposes of the law of defamation, the publication of any matter by the Llywydd's Committee in such a report is absolutely privileged.

21A

(1) If the Commission make any regulations which relate to any elections mentioned in sub-paragraph (4), they must give a copy to the Scottish Ministers without delay.

(2) If the Commission alter or revoke any regulations mentioned in sub-paragraph (1), they must give notice to the Scottish Ministers without delay.

(3) Notice of an alteration must include details of the alteration.

(4) The elections are—

(a) Scottish Parliamentary general elections,

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

Functions and liabilities of compliance officers

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Strategy and policy statement

4A

(1) The Secretary of State may designate a statement for the purposes of this section if the requirements set out in section 4C (consultation and procedural requirements) are satisfied.

(2) The statement is a statement prepared by the Secretary of State that sets out—

(a) strategic and policy priorities of Her Majesty’s government relating to elections, referendums and other matters in respect of which the Commission have functions, and

(b) the role and responsibilities of the Commission in enabling Her Majesty’s government to meet those priorities.

(3) The statement may also set out—

(a) guidance relating to particular matters in respect of which the Commission have functions;

(b) any other information (for example, about the roles and responsibilities of other persons) the Secretary of State considers appropriate.

(4) In preparing the statement, the Secretary of State must have regard to the duties imposed on the Commission by section 145(1) (duties with respect to compliance with controls imposed by this Act).

(5) The statement must not contain provision about the carrying out by the Commission of their functions under Schedule 19B (investigatory powers) or Schedule 19C (civil sanctions) in relation to a particular person.

(6) The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions.

(7) A statement designated under this section must be published in whatever manner the Secretary of State considers appropriate.

(8) For the purposes of subsection (6)—

(a) the Commission’s “devolved Scottish functions” are the Commission’s functions in relation to—

(i) Scottish Parliamentary general elections, elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and local government elections in Scotland, so far as those functions do not relate to reserved matters within the meaning of the Scotland Act 1998, and

(ii) referendums held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament;

(b) the Commission’s “devolved Welsh functions” are the Commission’s functions in relation to—

(i) general elections of members of Senedd Cymru,

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

(iii) local government elections in Wales, and

(iv) referendums held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements),

so far as those functions do not relate to reserved matters within the meaning of the Government of Wales Act 2006.

Duties in relation to statement

4B

(1) This section applies where a statement has been designated under section 4A.

(2) The Commission must have regard to the statement when carrying out their functions.

(3) Subsection (2) does not apply to information contained in the statement by virtue of section 4A(3)(b).

(4) The Commission must publish a report, as soon as practicable after the end of—

(a) the period of 12 months beginning with the day on which the statement was first designated under section 4A, and

(b) every subsequent 12-month period,

on what they have done during the period in question in consequence of the statement.

(5) Where, before the end of a reporting period, the statement is designated by virtue of section 4D (5-yearly review) or section 4E (power to revise statement)—

(a) the Commission are not required to publish a report under subsection (4) in relation to the reporting period, and

(b) subsection (4) has effect as if the reference in paragraph (a) to the day on which the statement was first designated under section 4A were to the day on which the statement was last designated under that section by virtue of section 4D or 4E.

(6) “Reporting period” means a period in relation to which a report is required to be published under subsection (4).

(7) The duty under subsection (4) does not apply in relation to a 12-month period if before the end of that period the statement’s designation is withdrawn under section 4D(4)(c) or treated as withdrawn under section 4D(5)(b).

(8) The Commission must provide a copy of each report published under subsection (4) to the Speaker’s Committee.

Consultation and procedural requirements

4C

(1) This section sets out the requirements that must be satisfied before the Secretary of State may designate a statement under section 4A.

(2) The Secretary of State must consult the following on a draft of the statement—

(a) the Commission,

(b) the Speaker’s Committee, and

(3) After the Secretary of State has carried out the consultation required by subsection (2), the Secretary of State—

(a) must make whatever changes to the draft the Secretary of State considers necessary in light of responses to the consultation, and

(b) must prepare a report containing the Secretary of State’s response to the consultation.

(4) If, after complying with subsection (3), the Secretary of State proposes to designate the statement, the Secretary of State must lay before Parliament a document that—

(a) explains the Secretary of State’s proposals,

(b) sets them out in the form of a draft statement, and

(5) Where a document is laid before Parliament under subsection (4), no draft of the statement that the Secretary of State proposes to designate is to be laid before Parliament before the end of the 60-day period.

(6) In preparing a draft statement for laying before Parliament, the Secretary of State must consider any representations made during the 60-day period in relation to anything in the document laid under subsection (4).

(7) If, after the end of the 60-day period, the Secretary of State wishes to proceed with designating the statement, the Secretary of State must lay before Parliament—

(a) the draft statement (incorporating any changes made in light of any representations made as mentioned in subsection (6)), and

(b) a report containing the Secretary of State’s response to any such representations.

(8) The draft as laid under subsection (7) must, before the end of the 40-day period, have been approved by a resolution of each House of Parliament before the Secretary of State may designate the statement under section 4A.

(9) In this section—

(a) “the 40-day period” means the period of 40 days beginning on the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid);

(b) “the 60-day period” means the period of 60 days beginning on the day on which the document mentioned in subsection (4) is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid).

(10) When calculating the 40-day period or the 60-day period for the purposes of subsection (9)(a) or (b) respectively, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (2)(c) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name.

(12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (2)(c) to that Committee is to be read as a reference to the committee which for the time being has those functions.

5-yearly review and designation of statement

4D

(1) The Secretary of State must review a statement designated under section 4A if a period of 5 years has elapsed since—

(a) the time when the statement was first designated under section 4A, or

(b) if later, the time when the statement was last designated under that section by virtue of this section or section 4E.

(2) But where—

(a) the statement was last designated by virtue of section 4E, and

(b) the case was one in which the Secretary of State made a determination under section 4E(5) (disapplication of consultation and other pre-designation requirements on revision of statement),

the designation of the statement in that case is to be ignored in determining for the purposes of subsection (1)(b) when the statement was last designated.

(3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5-year period referred to in that subsection.

(4) After reviewing the statement, the Secretary of State may—

(a) revise the statement,

(b) leave the statement as it is, or

(5) Where the Secretary of State proceeds under subsection (4)(a) or (b)—

(a) the Secretary of State must designate the statement (whether or not revised) under section 4A(1);

(b) if the statement is not designated before the end of the review period, the designation of the statement (in the form reviewed under subsection (1)) is treated as withdrawn at the end of that period.

(6) “The review period” means the 12 months beginning with the end of the 5-year period referred to in subsection (1).

(7) Sections 4A(2) to (7) and 4C apply in relation to the statement and its designation in accordance with subsection (5)(a) as they apply in relation to the original statement.

Power to revise statement

4E

(1) The Secretary of State may revise a statement designated under section 4A otherwise than in consequence of a review under section 4D.

(2) The power under subsection (1) may be exercised—

(a) on the Secretary of State’s own initiative,

(b) at the request of the Commission, where the request—

(i) is made by notice given to the Secretary of State and the Speaker’s Committee, and

(ii) gives details of the changes to the statement that the Commission propose should be made, or

(i) is made by notice given to the Secretary of State, and

(ii) gives details of the changes to the statement that the Speaker’s Committee propose should be made.

(3) Where a request is made in accordance with subsection (2)(b) or (c), the Secretary of State must inform the Commission or the Speaker’s Committee (as the case may be) how the Secretary of State proposes to deal with the request.

(4) Where the Secretary of State revises the statement under subsection (1)—

(a) the Secretary of State must designate the revised statement under section 4A(1), and

(b) subject to subsection (5), sections 4A(2) to (7) and 4C apply to the revised statement and its designation in accordance with paragraph (a) as they apply to the original statement.

(5) The Secretary of State may determine in a particular case that section 4C(2) to (6) (consultation and pre-designation requirements) does not apply in relation to the revised statement.

(6) Before making a determination under subsection (5), the Secretary of State—

(a) must give notice to the Speaker’s Committee of the proposed determination (giving details of the revisions to the statement), and

(b) must consider any representations made by the Speaker’s Committee in response to the notice.

(7) Where the Secretary of State makes a determination under subsection (5), the Secretary of State must notify the following of the revisions to the statement—

(a) the Commission,

(b) the Speaker’s Committee, and

and section 4C(11) and (12) apply for the purposes of paragraph (c) as they apply for the purposes of section 4C(2)(c).

(8) Subsection (9) applies where the Secretary of State makes a determination under subsection (5) despite the Speaker’s Committee objecting to the proposed determination.

(9) When laying the revised statement before Parliament in accordance with section 4C(7)(a), the Secretary of State must also lay before Parliament a statement of the Secretary of State’s reasons for the determination.

(10) For the purposes of this section, corrections of clerical or typographical errors do not count as a revision of the statement.

Examination of Commission’s duty to have regard to strategy and policy statement

13ZA

(1) The Speaker’s Committee may examine the performance by the Commission of the Commission’s duty under section 4B(2) (duty to have regard to strategy and policy statement).

(2) The Speaker’s Committee may require the Commission to provide the Committee with information that—

(a) the Committee require for the purposes of enabling them to exercise their power under subsection (1), and

(b) is held by the Commission.

(3) The Commission—

(a) must as soon as is reasonably practicable provide the Speaker’s Committee with information required under subsection (2), and

(b) must provide the information in such form as the Committee may reasonably require.

(4) A requirement imposed on the Commission under subsection (2) does not require the Commission to provide information that, in their opinion, might adversely affect any current investigation or proceedings.

(5) Except as provided by subsection (6), the disclosure of information pursuant to a requirement imposed under subsection (2) does not breach—

(a) any obligation of confidence owed by the Commission, or

(b) any other restriction on the disclosure of information (however imposed).

(6) A requirement imposed on the Commission under subsection (2) does not require them to disclose information if to do so would contravene the data protection legislation (but, in determining whether a disclosure would do so, the requirement imposed on the Commission is to be taken into account).

(7) In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Which third parties may incur expenditure

Restriction on which third parties may incur controlled expenditure

89A

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a reserved regulated period unless the third party—

(a) falls within any paragraph of section 88(2) (third parties eligible to give notification), or

(b) is an unincorporated association with the requisite UK connection.

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a reserved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

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

(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) An unincorporated association has “the requisite UK connection” if it consists of two or more persons both or all of whom are registered in a register of parliamentary electors in pursuance of a declaration made under and in accordance with section 1C of the Representation of the People Act 1985 (overseas elector’s declaration).

(7) In this section—

“register of parliamentary electors” means a register of parliamentary electors maintained under section 9 of the Representation of the People Act 1983;

“reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).

Code of practice relating to controlled expenditure

100A

(1) The Commission must prepare a code of practice about the operation of this Part in relation to a reserved regulated period.

(1A) The Commission must prepare a code of practice about the operation of this Part in relation to a Welsh devolved regulated period.

(2) A code must in particular set out—

(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses);

(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure;

(c) guidance on determining whether anything provided to or for the use of a third party falls to be dealt with in accordance with section 86 (notional controlled expenditure) or with section 95 and Schedule 11 (donations);

(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties);

(e) guidance about the operation of sections 94D to 94H (targeted controlled expenditure).

(3) The Commission may from time to time revise a code.

(4) In exercising their functions under this Part, the Commission must have regard to a code.

(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a reserved regulated period, to show—

(a) that the code, in the form for the time being issued under section 100B, was complied with by the third party in determining whether the 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.

(5A) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Welsh devolved regulated period to show—

(a) that the code, in the form for the time being issued under section 100C, was complied with by the third party in determining whether the 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.

(6) In this section, “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly).

(6A) In this section “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (regulated period for general elections to Senedd Cymru).

(7) Section 100B sets out consultation and procedural requirements relating to the code or any revised code under subsection (1).

(8) Section 100C sets out consultation and procedural requirements relating to the code or any revised code under subsection (1A).

100B

(1) The Commission must consult the following on a draft of a code under section 100A (1) —

(a) the Speaker’s Committee;

(b) the Levelling Up, Housing and Communities Committee;

(2) After the Commission have carried out the consultation required by subsection (1), they must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Secretary of State for approval by the Secretary of State.

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

(4) Once the Secretary of State has approved a draft code, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—

(a) in its original form, or

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

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

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

(7) Subsection (6) does not prevent a new draft code from being laid before Parliament.

(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—

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

(b) the Commission must arrange for the code to be published in such manner as they consider appropriate, and

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10) In this section, “the 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.

(11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (1)(b) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name.

(12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.

Functions and liabilities of compliance officers

Protection for witnesses etc

4

(1) Evidence given by a person who is a witness before the Speaker’s Committee may not be used against the person in any civil or disciplinary proceedings, or in any criminal proceedings, unless the evidence was given in bad faith.

(2) For the purposes of the law of defamation the publication by the Speaker’s Committee of any evidence given by a person who is a witness before the Speaker’s Committee is absolutely privileged.

89B

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Welsh devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Welsh devolved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

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

(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) A “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru).

100AA

(1) The Commission must prepare a code of practice about the operation of this Part in relation to a Scottish devolved regulated period.

(2) The code must in particular set out—

(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses),

(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure,

(c) guidance on determining whether anything provided to, or for the use of, a third party falls to be dealt with in accordance with—

(i) section 86 (notional controlled expenditure), or

(ii) section 95 and Schedule 11 (donations),

(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties).

(3) The Commission may from time to time revise the code.

(4) In exercising their functions under this Part, the Commission must have regard to the code (but only in so far as it relates to a general election to the Scottish Parliament and does not relate to a reserved matter (within the meaning of the Scotland Act 1998)).

(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Scottish devolved regulated period, to show—

(a) that the code, in the form for the time being issued under section 100BA, was complied with by the third party in determining whether the 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.

(6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of schedule 10 (general elections to the Scottish Parliament).

(7) Section 100BA sets out consultation and procedural requirements relating to the code or any revised code.

100BA

(1) The Commission must consult the following on a draft of a code under section 100AA(1)—

(a) the Scottish Parliament,

(b) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Scottish Ministers for approval by them.

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

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

(a) in its original form, or

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

(5) If the draft code incorporates modifications, the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.

(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 it.

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

(8) If no resolution of the kind mentioned in subsection (6) 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,

(b) the code comes into force on the date appointed by the Scottish Ministers by order, and

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

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

100C

(1) The Commission must consult the following on a draft of a code under section 100A(1A)—‍

(a) Senedd Cymru (“the Senedd”);

(b) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Welsh Ministers for approval by the Welsh Ministers.

(3) The Welsh Ministers may approve a draft code either without modifications or with such modifications as the Welsh Ministers may determine.

(4) Once the Welsh Ministers have approved a draft code, they must lay a copy of the draft before‍ the Senedd, whether—

(a) in its original form, or

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

(5) If the draft code incorporates modifications, the Welsh Ministers must at the same time lay before the Senedd a statement of their reasons for making them.

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

(7) Subsection (6) does not prevent a new draft code from being laid before the Senedd.

(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—

(a) the Welsh Ministers must issue the code in the form of the draft laid before the Senedd,

(b) the code comes into force on the date appointed by the Welsh Ministers by order, and

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Senedd, no account being taken of any period during which the Senedd is dissolved or is in recess for more than four days.

Five-year plan: devolved Scottish elections and referendums

5A

(1) After an ordinary election of councillors for counties and county boroughs in Wales or communities in Wales, the Electoral Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.

(2) Subsection (3) applies to—

(a) a report under section 5 relating to a Senedd Cymru general election;

(b) a report under subsection (1).

(3) The report must include a description of the steps taken by returning officers to assist persons with disabilities that would otherwise adversely affect their right to vote at the election.

(4) In subsection (3)—

“disability”, in relation to doing a thing, includes a short term inability to do it;

“returning officer”—in the case of a Senedd Cymru general election, means a returning officer (however described) designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32);in the case of an ordinary election of councillors for local government areas, means an officer who is appointed under section 35(1A) of the Representation of the People Act 1983 (c. 2).

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