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

(173) (1) Subject to subsection (2) below, a person convicted of a corrupt or illegal practice— (a) shall, during the relevant period specified in subsection (3) below, be incapable of— (i) being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain, or (ii) being elected to the House of Commons, or (iii) holding any elective office; and (b) if already elected to a seat in the House of Commons or holding any such office, shall vacate the seat or office subject to and in accordance with subsections (4) and (5) below. (2) The incapacity imposed by subsection (1)(a)(i) above applies only to a person convicted of a corrupt practice under section 60 above or of an illegal practice under section 61 above. (3) For the purposes of subsection (1)(a) above the relevant period is the period beginning with the date of the conviction and ending— (a) in the case of a person convicted of a corrupt practice, five years after that date, or (b) in the case of a person convicted of an illegal practice, three years after that date, except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead. (4) Where subsection (1)(b) applies to any person, he shall (subject to subsection (5) below) vacate the seat or office in question at the appropriate time for the purposes of this section, namely— (a) the end of the period which is the period prescribed by law within which notice of appeal may be given, or an application for leave to appeal may be made, by him in respect of the conviction, or (b) if (at any time within that period) that period is extended— (i) the end of the period as so extended, or (ii) the end of the period of three months beginning with the date of the conviction, whichever is the earlier. (5) If (before the appropriate time mentioned in subsection (4) above) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the seat or office in question at the end of the period of three months beginning with the date of the conviction unless— (a) such an appeal is dismissed or abandoned at any earlier time (in which case he shall vacate the seat or office at that time), or (b) at any time within that period of three months the court determines on such an appeal that the conviction should not be upheld (in which case the seat or office shall not be vacated by him). (6) Where such a person vacates a seat or office in accordance with subsection (4) or (5) above, no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat or office. (7) If a person convicted of a corrupt or illegal practice has already been elected to a seat in the House of Commons or to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of his functions as a Member of Parliament, or (as the case may be) any of the functions of that office, during the period of suspension specified in subsection (8) below. (8) For the purposes of subsection (7) above the period of suspension is the period beginning with the date of the conviction and ending with— (a) the date on which the seat or office is vacated in accordance with subsection (4) or (5) above, or (b) where subsection (5)(b) above applies, the date on which the court determines that the conviction should not be upheld. (9) Any incapacities or other requirement applying to a person by virtue of subsection (1) or (7) above applies in addition to any punishment imposed under section 168 or 169 above; but each of those subsections has effect subject to section 174 below. (10) Without prejudice to the generality of section 205(2) below, nothing in this section affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland. (173A) (1) Subject to section 174 below, a person convicted of a corrupt practice— (a) shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and (b) if already holding such an office, shall vacate it as from that date. (2) Subsection (1) above applies in addition to— (a) any incapacity or other requirement applying to the person by virtue of section 173 above, and (b) any punishment imposed on him under section 168 above.

Corrupt and illegal practices: election petitions etc

137

The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 17, which in particular modifies the provisions relating to—

(a) the procedure on election petitions; and

(b) the consequences of reports by election courts.

Miscellaneous amendments

Election campaigns and proceedings: miscellaneous amendments

138

(1) The Representation of the People Act 1983 shall have effect subject to the amendments specified in Schedule 18, which makes changes to Part II of that Act (the election campaign) and related provisions of Part III of that Act (legal proceedings).

(2) The amendments made by paragraphs 7(4), 9, 14, 17, 18 (other than sub-paragraph (1)(b)) and 19(7) of Schedule 18 do not have effect in relation to local government elections in Scotland.

Part IX — Political donations and expenditure by companies

Control of political donations

Control of political donations by companies

139

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Disclosure of political donations and expenditure

Disclosure of political donations and expenditure in directors' report

140

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Part X — Miscellaneous and general

Overseas electors

Reduction of qualifying period for overseas electors

141

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Pre-consolidation amendments

142

Election material

Details to appear on election material

143

(1) No election material shall be published unless—

(a) in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.

(2) For the purposes of subsections (3) to (5) the following details are “the relevant details” in the case of any material falling within subsection (1)(a), namely—

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(2A) For the purposes of subsection (2)(c), election material to which subsection (2B) applies—

(a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting or procuring his electoral success ..., but

(b) may be regarded as being published on behalf of the party mentioned in subsection (2B).

(2B) This subsection applies to election material which can be reasonably regarded as promoting or procuring the electoral success ... of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election.

(3) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(4) Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.

(5) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and

(b) the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.

(6) The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely—

(a) the name and address of the promoter of the material; and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(7) Regulations under subsection (6) may in particular specify—

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.

(8) Where any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

shall be guilty of an offence.

(9) Where any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))—

(a) the promoter of the material, and

(b) any other person by whom the material is so published,

shall be guilty of an offence.

(10) It shall be a defence for a person charged with an offence under this section to prove—

(a) that the contravention of subsection (1) arose from circumstances beyond his control; and

(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(11) In this section—

“election material” has the meaning given by section 143A;

“print” means print by whatever means, and “printer” shall be construed accordingly;

“the promoter”, in relation to any election material, means the person causing the material to be published;

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

Broadcasting during election period

Broadcasting of local items during election period

144

For section 93 of the Representation of the People Act 1983 there shall be substituted—

(93) (1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period. (2) The code for the time being adopted by a broadcasting authority under this section shall be either— (a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or (b) a code drawn up by one or more other such authorities; and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b). (3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases. (4) The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them. (5) For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning— (a) (if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced, (b) (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or (c) (if a local government election) with the last date for publication of notice of the election, and ending with the close of the poll. (6) In this section— - “broadcasting authority” means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru; - “candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it; - “relevant services”— 1. in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body; 2. in relation to the Independent Television Commission, means services licensed under Part I of the Broadcasting Act 1990 or Part I of the Broadcasting Act 1996; and 3. in relation to the Radio Authority, means services licensed under Part III of the Broadcasting Act 1990 or Part II of the Broadcasting Act 1996.

Enforcement of Act

General function of Commission with respect to monitoring compliance with controls imposed by the Act etc

145

(1) The Commission must monitor, and take all reasonable steps to secure, compliance with—

(a) the restrictions and other requirements imposed by or by virtue of —

(i) sections 24, 31 and 34,

(ii) Parts 3 to 7, and

(iii) sections 143 and 148; and

(b) the restrictions and other requirements imposed by other enactments in relation to—

(i) election expenses incurred by or on behalf of candidates at elections, or

(ii) donations to such candidates or their election agents.

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

(3) In relation to local government elections in Scotland, the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(3A) In relation to a Scottish parliamentary general election or an election held under section 9 of the Scotland Act 1998 (constituency vacancies), the reference in subsection (1)(b) to any enactment includes a reference to any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—

(a) what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;

(b) what it is desirable to do (or avoid doing) in view of the purpose of the requirement.

(6B) Each report by the Commission under paragraph 20 of Schedule 1 shall set out the steps the Commission have taken during the year in question to secure compliance with the restrictions and other requirements mentioned in subsection (1).

(7) In this section , section 148 and Schedule 19B —

“election” means a relevant election for the purposes of Part II;

“election agent” includes a sub-agent.

Supervisory powers of Commission

146

Schedule 19B makes provision about the investigatory powers of the Commission.

Civil penalty for failure to deliver documents etc

147

(1) Schedule 19C makes provision for civil sanctions in relation to—

(a) the commission of offences under this Act;

(b) the contravention of restrictions or requirements imposed by or by virtue of this Act.

(2) Schedule 19C does not apply in relation to the commission of an offence under this Act where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

General offences

148

(1) A person commits an offence if he—

(a) alters, suppresses, conceals or destroys, or

(b) causes or permits the alteration, suppression, concealment or destruction of,

any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of Schedule 19B, and does so with the intention of falsifying the document or enabling any person to evade any of the provisions of this Act.

(2) Where the relevant person in the case of a supervised organisation, or a person acting on his behalf, requests a person holding an office in any such organisation (“the office-holder”) to supply the relevant person with any information which he reasonably requires for the purposes of any of the provisions of this Act, the office-holder commits an offence if—

(a) without reasonable excuse, he fails to supply the relevant person with that information as soon as is reasonably practicable, or

(b) in purporting to comply with the request, he knowingly supplies the relevant person with any information which is false in a material particular.

(3) A person commits an offence if, with intent to deceive, he withholds—

(a) from the relevant person in the case of a supervised organisation, or

(b) from a supervised individual,

any information required by the relevant person or that individual for the purposes of any of the provisions of this Act.

(4) In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.

(5) Subsections (1) and (3) shall apply in relation to a person who is (or has been)—

(a) a candidate at an election (other than a local government election in Scotland), or

(b) the election agent for such a candidate,

as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 145(1)(b).

(6) In this section—

(a) “supervised individual” means an individual who is a regulated donee regulated participant, a recognised third party or a permitted participant;

(b) “supervised organisation” means—

(i) a registered party or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units,

(ii) a regulated donee which is a members association,

(iia) a regulated participant which is a members association,

(iii) a recognised third party other than an individual, or

(iv) a permitted participant other than an individual;

(i) in relation to a registered party (other than a minor party) or the central organisation of such a party, the treasurer of the party,

(ii) in relation to any accounting unit of such a party, the registered treasurer of the unit,

(iii) in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 7,

(iiia) in relation to a regulated participant which is a members association, the person responsible for the purposes of Schedule 7A,

(iv) in relation to a recognised third party, the responsible person for the purposes of Part VI,

(v) in relation to a permitted participant, the responsible person for the purposes of Part VII;

(d) “regulated donee” and “members association” have the same meaning as in Schedule 7;

(da) “regulated participant” has the same meaning as in Schedule 7A;

(e) “recognised third party” and “permitted participant” have the same meaning as in Parts VI and VII respectively.

Inspection of registers etc.

Inspection of Commission’s registers etc

149

(1) This section applies to any register kept by the Commission under—

(a) section 23;

(b) section 69;

(ba) section 71V;

(d) section 107.

(e) paragraph 19 of Schedule 7;

(f) paragraph 7 of Schedule 19A.

(2) The Commission shall make a copy of the register available for public inspection during ordinary office hours, either at the Commission’s offices or at some convenient place appointed by them.

(3) The Commission may make other arrangements for members of the public to have access to the contents of the register.

(4) If requested to do so by any person, the Commission shall supply him with a copy of the register or any part of it.

(5) The Commission may charge such reasonable fee as they may determine in respect of—

(a) any inspection or access allowed under subsection (2) or (3); or

(b) any copy supplied under subsection (4).

(6) Subsections (2) to (5) shall apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of—

(a) section 46,

(b) section 84,

(ba) section 95F,

(d) section 124,

as they apply in relation to any register falling within subsection (1).

(7) Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy—

(a) made available for public inspection under subsection (2), or

(b) supplied under subsection (4),

must be made available, or (as the case may be) supplied, in a legible form.

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

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

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

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

Provisions relating to offences

Punishment of offences

150

(1) Schedule 20 makes provision for the punishment of offences under this Act.

(2) In relation to an offence under any provision specified in the first column of that Schedule, the second column shows—

(a) whether the offence is punishable on summary conviction only or is punishable either on summary conviction or on conviction on indictment; and

(b) the maximum punishment (or, in the case of a fine on a conviction on indictment, the punishment) which may be imposed by way of fine or imprisonment on a person convicted of the offence in the way specified;

and, where that column shows two alternative penalties that may be imposed on a person convicted in the way specified, as a further alternative both of those penalties may be imposed on him.

(3) In the second column of that Schedule—

(a) “Level 5” means a fine not exceeding level 5 on the standard scale;

(b) “statutory maximum” means a fine not exceeding the statutory maximum; and

(c) any reference to 51 weeks, 1 year or 6 months is a reference to a term of imprisonment not exceeding 51 weeks, 1 year or 6 months (as the case may be).

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

(5) In the application of Schedule 20 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), a reference to 51 weeks is to be read as a reference to 6 months.

(6) Schedule 20 does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Summary proceedings

151

(1) Summary proceedings for any offence under this Act may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which he is for the time being.

(2) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, any information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.

(3) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for such an offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section shall apply for the purposes of this subsection as it applies for the purposes of that section.

(4) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, a complaint relating to such an offence which is triable by a court of summary jurisdiction in Northern Ireland may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.

(6) For the purposes of subsection (5) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.

Offences committed by bodies corporate

152

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offences committed by unincorporated associations

153

(1) Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents shall have effect as if the association were a corporation.

(2) A fine imposed on an unincorporated association on its conviction of an offence under this Act shall be paid out of the funds of the association.

(3) Section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) shall have effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Act in like manner as they have effect in the case of a corporation so charged.

(4) In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under this Act by an unincorporated association, section 70 of the Criminal Procedure (Scotland) Act 1995 (proceedings on indictment against bodies corporate) shall have effect as if the association were a body corporate.

(5) Section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’Courts (Northern Ireland) Order 1981 (procedure on charge of offence against a corporation) shall have effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Act in like manner as they have effect in the case of a corporation so charged.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a partnership is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, he as well as the partnership shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(7) Where any other unincorporated association is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any officer of the association, or

(b) any member of the committee or other similar governing body of the association,

he, as well as the association, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Duty of court to report convictions to Commission

154

The court by or before which a person is convicted of—

(a) an offence under this Act, or

(b) an offence committed in connection with a relevant election (within the meaning of Part II),

shall notify the Commission of his conviction as soon as is practicable.

Variation of specified sums

Power to vary specified sums

155

(1) Except where subsection (1A) applies, the Secretary of State may by order vary any sum for the time being specified in any provision of this Act (other than the sum specified in section 12(8) or 36(5)).

(1A) The Scottish Ministers may by order vary any sum for the time being specified in Part 5 or 6 so far as that sum applies in relation to an election the conduct of which is within the legislative competence of the Scottish Parliament.

(2) An order under subsection (1) or (1A) may be made either—

(a) where the person making the order considers it expedient to do so in consequence of changes in the value of money, or

(b) where the order gives effect to a recommendation of the Commission.

(3) Subsection (4) applies in relation to the sums specified in—

(a) Part 4;

(b) Part 4A;

(ca) section 95B(6);

(cb) Schedule 11A;

(d) Schedule 15;

(e) Schedule 19A.

(4) In each Parliament, other than a Parliament that is dissolved less than two years after the date of its first sitting, the Secretary of State must either—

(a) make an order in pursuance of subsection (2)(a), or

(b) lay before Parliament a statement setting out the Secretary of State's reasons for not doing so.

(4A) Subsection (4B) applies in relation to the sums specified in Schedule 11.

(4B) In each session of the Scottish Parliament, other than a session that is dissolved less than two years after the date of its first sitting, the Scottish Ministers must either—

(a) make an order in pursuance of subsection (2)(a), or

(b) lay before the Scottish Parliament a statement setting out the Scottish Ministers' reasons for not doing so.

(5) The Secretary of State may by order vary any percentage for the time being specified in—

(a) section 94(5ZA), 94D(4) or 96(2)(aa), or

(b) paragraph 3(2) or (2A) of Schedule 10.

(6) The Secretary of State may make an order under subsection (5) only if it gives effect to a recommendation of the Commission.

Supplementary

Orders and regulations

156

(1) Any power of the Secretary of State or the Welsh Ministers to make any order or regulations under this Act shall be exercised by statutory instrument.

(2) Subject to subsections (3) to (4A),

(a) a statutory instrument containing any order or regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of Senedd Cymru.

(3) Subsection (2) does not apply to—

(za) an order under section 100B(8);

(zb) an order under section 100C(8);

(a) any order under ... 163(2) or paragraph 14(7) of Schedule 1; ...

(aa) any order under paragraph 3(7) of Schedule 8 ...;

(b) any order made in pursuance of section 155(2)(a).

(4) Subsection (2) also does not apply to any order under—

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

(b) section 51(4),

(ca) any provision of Chapter 6 of Part 4;

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

(da) section 71F(13),

(db) section 71H(4),

(dc) section 71U(1),

(dd) any provision of Chapter 2 of Part 4A,

(de) section 88(9),

(df) section 88(11),

(e) section 101(4),

(f) section 108(3),

(g) section 109(6),

(h) section 129,

(ha) paragraph 9 of Schedule 6A,

(i) paragraph 3(4) of Schedule 7,

(ia) paragraph 2(9) or 4(4) of Schedule 7A,

(j) paragraph 4 of Schedule 8,

(ja) paragraph 4 of Schedule 8A,

(k) paragraph 3(4) of Schedule 11,

(l) paragraph 4 of Schedule 13,

(m) paragraph 2 of Schedule 14, or

(n) paragraph 3(4) of Schedule 15;

and no such order shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament (in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru.

(4A) An order under paragraph 16 of Schedule 19C that contains—

(a) provision made by virtue of paragraph 1(1), (2), (3), (4) or (5), paragraph 5(1), (2), (3) or (4), paragraph 10(2)(b) or (3)(b) or paragraph 15(1)(a) of that Schedule, or

(b) provision amending an Act,

shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament (in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru; and subsection (2) does not apply to such an order.

(4B) Subject to subsections (4C) and (4D), any order or regulations made under this Act by the Scottish Ministers shall be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(4C) Subsection (4B) does not apply to an order under section 100BA(8) or an order falling within subsection (3)(a) or (b).

(4D) Subsection (4B) does not apply to any regulations under section 88(11) or an order falling within subsection (4), and any such regulations or orders made by the Scottish Ministers shall be subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(5) Any order or regulations made by the Secretary of State , the Welsh Ministers, or the Scottish Ministers under this Act may—

(a) contain such consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments) as the Secretary of State , the Welsh Ministers, or the Scottish Ministers considers appropriate; and

(b) make different provision for different cases.

(6) Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 19(9)).

(7) Paragraphs 21 to 23 of Schedule 1 contain provisions relating to regulations made by the Commission.

Documents for purposes of the Act

157

(1) Any application, notice or notification required or authorised to be made or given under this Act must be in writing.

(2) Any document required or authorised to be given or sent under this Act may be sent by post.

Minor and consequential amendments and repeals

158

(1) The minor and consequential amendments specified in Schedule 21 shall have effect.

(2) The enactments specified in Schedule 22 are repealed to the extent specified.

(3) However, none of the repeals—

(a) of provisions of Part II (other than those relating to sections 72, 73, 79, 81, 82, 101 to 105, and 108 and Schedule 3) or III of the Representation of the People Act 1983 (election campaigns and legal proceedings in respect of elections), or

(b) of provisions amending any of those provisions,

have effect in relation to local government elections in Scotland.

Financial provisions

159

(1) There shall be paid out of money provided by Parliament—

(a) any expenses incurred by the Secretary of State in consequence of this Act; and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2) There shall be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.

General interpretation

160

(1) In this Act—

“accounting unit” and “party with accounting units” shall be construed in accordance with section 26(11);

“bequest” includes any form of testamentary disposition;

“body”, without more, means a body corporate or any combination of persons or other unincorporated association;

“broadcaster” has the meaning given by section 37(2);

“business” includes every trade, profession and occupation;

“central organisation”, in relation to a registered party, shall be construed in accordance with section 26(11);

“the Commission” means the Electoral Commission;

“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;

“document” means a document in whatever form it is kept;

“enactment” includes—any provision of an Act (including this Act),any provision of or of any instrument made under Northern Ireland legislation, andany provision of subordinate legislation (within the meaning of the Interpretation Act 1978);

“exempt trust donation” has the meaning given by section 162;

“functions” includes powers and duties;

“the Great Britain register” and “the Northern Ireland register” mean the registers of political parties referred to in section 23(2)(a) and (b) respectively;

“local election”, in relation to Northern Ireland, means a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962;

“local government election” means a local government election within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 or an election under Part II of the Local Government Act 2000 for the return of an elected mayor;

“market value”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market;

“minor party” means (in accordance with section 34(1)) a party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d);

“modifications” includes additions, omissions and amendments, and “modify” shall be construed accordingly;

“organisation” includes any body corporate and any combination of persons or other unincorporated association;

“property” includes any description of property, and references to the provision of property accordingly include the supply of goods;

“qualified auditor” means (subject to subsection (2))a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006; ... ...

“record” means a record in whatever form it is kept;

“registered party” means a party registered under Part II of this Act;

“restriction” includes prohibition;

“treasurer”, in relation to a registered party, means registered treasurer.

(2) A person is not a qualified auditor in relation to any registered party or any other body or individual if he is—

(a) a member of the party or body or the individual himself, or

(b) an officer or employee of the party, body or individual.

For this purpose “officer or employee” does not include an auditor.

(3) References in this Act to a person standing for election in the name of a registered party shall be construed in accordance with section 22(6).

(4) References in this Act (in whatever terms) to payments out of public funds are references to any of the following, namely—

(a) payments out of—

(i) the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund , the Welsh Consolidated Fund or the Consolidated Fund of Northern Ireland, or

(ii) money provided by Parliament or appropriated by Act of the Northern Ireland Assembly;

(b) payments by—

(i) any Minister of the Crown, the Scottish Ministers , the Welsh Ministers or any Minister within the meaning of the Northern Ireland Act 1998,

(ii) any government department (including a Northern Ireland department) , the Welsh Assembly Government or any part of the Scottish Administration . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) payments by the Scottish Parliamentary Corporate Body , the Senedd Commission or the Northern Ireland Assembly Commission; and

(d) payments by the Electoral Commission;

and references in this Act (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of any such payments.

(5) References in this Act to conditions, in the context of grants being made subject to conditions, include conditions requiring repayment of the grants in specified circumstances.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Interpretation: donations

161

(1) This section has effect for the purposes of the provisions of this Act relating to donations.

(2) Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description—

(a) the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and

(b) a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.

(3) Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description (“the donee”), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.

(4) The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).

(5) Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(6) For the purposes of this Act it is immaterial whether a donation received by a registered party or a person of any other description is so received in the United Kingdom or elsewhere.

Interpretation: exempt trust donations

162

(1) For the purposes of this Act—

(a) “exempt trust donation” means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5)

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

(2) This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a) which was created before 27th July 1999,

(b) to which no property has been transferred on or after that date, and

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before that date.

(3) This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a) which was created by—

(i) a person who was a permissible donor falling within section 54(2) at the time when the trust was created, or

(ii) the will of a person falling within section 54(3), and

(b) to which no property has been transferred otherwise than—

(i) by a person who was a permissible donor falling within section 54(2) at the time of the transfer, or

(ii) under the will of a person falling within section 54(3),

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.

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

(4) For the purposes of subsection (3) “the relevant information” means the information which is required by virtue of paragraph 2 of Schedule 6 to be given in respect of a recordable donation to which that subsection applies.

(5) A donation falls within this subsection if it is received from a trustee of any property pursuant to the exercise of any discretion vested by a trust in him or any other person.

(6) In this section—

(a) “donation” means a donation for the purposes of the provisions of this Act in which the relevant reference to an exempt trust donation ... occurs;

(b) “property”, in the context of the transfer of property to a trust, does not include any income of the trust;

(d) any reference to a donation received from a trustee is a reference to a donation received from a trustee in his capacity as such, other than a donation transmitted on behalf of a beneficiary under a trust.

Short title, commencement, transitional provisions and extent

163

(1) This Act may be cited as the Political Parties, Elections and Referendums Act 2000.

(2) Subject to subsections (3) and (4), this Act does not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.

(3) The following provisions come into force on the day on which this Act is passed—

(a) sections 1 to 3 and Schedules 1 and 2,

(b) sections 156, 159 and 160, and paragraph 12(1) and (4) of Schedule 21,

(d) any other provision so far as it confers power to make an order or regulations.

(4) The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed—

(a) section 36,

(b) Part I of Schedule 23, and

(c) any provision of Part II of this Act so far as necessary for the purposes of the operation of any provision of Part I of that Schedule.

(5) An order under subsection (2) may contain such transitional provisions and savings (including provisions modifying enactments) as the Secretary of State considers appropriate.

(6) Such an order may, in particular, make provision as respects the operation of any financial limit imposed by any provision of this Act in cases where a period in relation to which any such limit is imposed would otherwise begin at a time before the commencement of that provision of this Act.

(7) The transitional provisions contained in Schedule 23 shall have effect.

(8) Subject to subsections (9) and (10), this Act extends to the whole of the United Kingdom.

(9) Part IX and paragraphs 2 and 3 of Schedule 12 and paragraphs 12 and 13 of Schedule 23 extend to England, Wales and Scotland.

(10) Subject to any express limitation contained in this Act, the extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

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

SCHEDULE 1

Status of Commission and their property

1

(1) The Commission shall not be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Commission shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2

(1) The Commission may (subject to sub-paragraph (2)) do anything ... which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

(2) The Commission may not—

(a) borrow money;

(b) institute criminal proceedings in England and Wales or Northern Ireland.

Term of office etc. of Electoral Commissioners

3

(1) Subject to the provisions of this paragraph, an Electoral Commissioner shall hold office as such Commissioner—

(a) for the period for which he is appointed, and

(b) otherwise in accordance with the terms of his appointment.

(2) The period for which an Electoral Commissioner is appointed shall be the period specified in relation to him in the address pursuant to which he is appointed.

(3) Subject to sub-paragraph (3A), an Electoral Commissioner shall cease to hold office on the occurrence of any of the following events—

(a) he consents to being nominated as a candidate at a relevant election (within the meaning of Part II) or to being included in a registered party’s list of candidates at such an election;

(b) he takes up any office or employment in or with—

(i) a registered party or any accounting unit of such a party,

(ii) a recognised third party (within the meaning of Part VI), ...

(iii) a permitted participant (within the meaning of Part VII), or

(iv) an accredited campaigner within the meaning of Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule)

(i) the register of donations reported under Chapter 3 or 5 of Part 4,

(ii) any quarterly or weekly report delivered to the Commission under section 95A or 95B, or

(iii) any statement of donations included in a return delivered to the Commission under section 98 or 122 or in a recall petition return delivered to a petition officer under paragraph 6 of Schedule 5 to the Recall of MPs Act 2015 ;

(ca) he is named as a participant in the register of recordable transactions reported under Part 4A;

(d) he becomes a member of a registered party.

(3A) Paragraph (d) of sub-paragraph (3) does not apply to a nominated Commissioner (within the meaning of section 3A).

(4) An Electoral Commissioner may be removed from office by Her Majesty in pursuance of an Address from the House of Commons.

(5) No motion shall be made for such an Address unless the Speaker’s Committee have presented a report to the House of Commons stating that the Committee are satisfied that one or more of the following grounds is made out in the case of the Electoral Commissioner in question—

(a) he has failed to discharge the functions of his office for a continuous period of at least 3 months;

(b) he has failed to comply with the terms of his appointment;

(d) he is an undischarged bankrupt or his estate has been sequestrated in Scotland and he has not been discharged;

(da) a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);

(e) he has made an arrangement or composition contract with, or has granted a trust deed for, his creditors;

(f) he is otherwise unfit to hold his office or unable to carry out its functions.

(6) A motion for such an Address shall not be made on the ground mentioned in sub-paragraph (5)(a) if more than 3 months have elapsed since the end of the period in question.

(7) An Electoral Commissioner may be relieved of his office by Her Majesty at his own request.

(8) In this paragraph “registered party” includes, in relation to times before the appointed day for the purposes of Part II of this Act, a party registered under the Registration of Political Parties Act 1998.

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

Term of office etc. of Commission chairman

4

(1) Subject to the provisions of this paragraph, the chairman of the Commission shall hold office as such chairman—

(a) for the period for which he is appointed, and

(b) otherwise in accordance with the terms of his appointment.

(2) The period for which a person is appointed as chairman of the Commission shall be the period specified in relation to him in the address pursuant to which he is appointed.

(3) The chairman of the Commission may be relieved of his office of chairman by Her Majesty at his own request.

(4) If the chairman of the Commission ceases to be an Electoral Commissioner, he also ceases to be chairman.

Electoral Commissioners: salary etc.

5

(1) There shall be paid to an Electoral Commissioner such remuneration, and any such allowances or expenses, as may be specified in a resolution of the House of Commons.

(2) If a resolution of the House of Commons so provides in the case of any person who is an Electoral Commissioner or former Electoral Commissioner—

(a) such amounts shall be paid towards the provision of superannuation benefits for or in respect of him as may be specified in the resolution;

(b) (in the case of a former Electoral Commissioner) such pension shall be paid to or in respect of him as may be so specified.

(3) A resolution for the purposes of this paragraph may—

(a) specify the amounts to be paid;

(b) provide that the amounts to be paid shall be the same as, or calculated on the same basis as, those payable to or in respect of a person employed in a specified office under, or in a specified capacity in the service of, the Crown;

(c) specify the amounts to be paid and provide for them to be increased by reference to such variables as may be specified in the resolution;

(d) have the effect of making different provision for different Electoral Commissioners or former Electoral Commissioners.

(4) A resolution for the purposes of this paragraph may take effect from the date on which it is passed or from any earlier or later date specified in the resolution.

(5) Any amount payable under this paragraph (other than by way of expenses) shall be charged on and issued out of the Consolidated Fund.

(6) Any amount payable under this paragraph by way of expenses shall be paid by the Commission.

(7) In this paragraph “pension” includes allowance and gratuity.

Deputy Electoral Commissioners: term of office etc.

6

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

Assistant Electoral Commissioners

7

(1) The Commission may appoint one or more Assistant Electoral Commissioners to inquire into, and report to the Commission ... on, such matters as the Commission ... think fit.

(2) A person may not be appointed as an Assistant Electoral Commissioner if he is prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner.

(3) An Assistant Electoral Commissioner shall—

(a) be appointed either for a fixed term or for the purposes of a particular inquiry; and

(b) (subject to sub-paragraph (4)) hold and vacate office in accordance with the terms of his appointment.

(4) An Assistant Electoral Commissioner shall cease to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3).

(5) The Commission shall pay an Assistant Electoral Commissioner such remuneration, and any such allowances or expenses, as may be provided for by or under the terms of his appointment.

Committees

8

(1) The Commission may establish ... any committees which the Commission consider appropriate.

(2) Any committee of the Commission established under sub-paragraph (1) may establish one or more sub-committees.

(3) A person shall not be a member of a committee or sub-committee established under this paragraph unless he is an Electoral Commissioner.

Delegation to committees

9

(1) The Commission may delegate functions of the Commission (to such extent as the Commission may determine) to any committee of the Commission established under paragraph 8(1).

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

(3) A committee of the Commission established under paragraph 8(1) may delegate functions of the committee (to such extent as the committee may determine) to any sub-committee of the committee.

Procedure and proceedings

10

(1) The Commission shall regulate their own procedure, and the procedure of their committees and sub-committees ..., including the quorum for meetings.

(2) The validity of any proceedings of the Commission, or of any of their committees or sub-committees, shall not be affected by—

(a) any vacancy among the members of the Commission, or of the committee or sub-committee, or

(b) any defect in the appointments of any such member.

Staff

11

(1) The Commission—

(a) shall appoint a chief executive, and

(b) may appoint such other staff as the Commission consider necessary to assist them and their committees in the performance of their functions.

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

(3) Subject to paragraph 11A(4) , the staff of the Commission shall be appointed on such terms and conditions as the Commission may determine; and the Commission shall pay their staff such remuneration as may be provided for by or under their terms of appointment.

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

(5) In determining the terms and conditions of staff under sub-paragraph (3) above, the Commission shall have regard to the desirability of keeping the remuneration and other terms and conditions of employment of its staff broadly in line with those applying to persons employed in the civil service of the State.

(6) Service as an officer or employee of the Commission shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (which lists the kinds of employment to which a scheme can apply), the following entry shall be inserted at the end of the list of “ Royal Commissions and other Commissions ”

Electoral Commission

(7) The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(8) No member of the staff of the Commission shall be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(9) The Secretary of State may appoint a person to be the Commission’s chief executive until such time as the first person to be appointed by the Commission as their chief executive takes up office; and until such time as the Commission have appointed their own staff the Secretary of State may appoint persons to serve as members of the Commission’s staff.

(10) Until such time as the Commission may determine, the Commission’s chief executive appointed under sub-paragraph (9) may incur expenditure and do other things in the name and on behalf of the Commission, whether or not the membership of the Commission has yet to be constituted in accordance with section 1.

(11) The power conferred by sub-paragraph (10) shall be exercisable by that person subject to and in accordance with any directions given to him by the Secretary of State.

Delegation to staff

12

Each of the following—

(a) the Commission,

(b) any committee of the Commission ...,

(d) the Commission’s chief executive,

may delegate functions of theirs or his (to such extent as they or he may determine) to the Commission’s staff (either generally or otherwise).

Delegation and contracting-out of superannuation functions

13

(1) Section 1(2) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc.) shall have effect as if the reference to an officer of the Crown other than a Minister included the Commission’s chief executive.

(2) Any administration function conferred on the Commission’s chief executive under section 1(2) of the Superannuation Act 1972 (as it has effect in accordance with sub-paragraph (1)) may be exercised by (or by employees of) such person as may be authorised in that behalf by the Commission’s chief executive.

(3) For the purposes of this paragraph an “administration function” is a function of administering schemes—

(a) made under section 1 of the Superannuation Act 1972, and

(b) from time to time in force.

(4) An authorisation given by virtue of sub-paragraph (2) may authorise the exercise of an administration function—

(a) either wholly or to such extent as may be specified in the authorisation;

(b) either generally or in such cases as may be so specified; and

(5) An authorisation given by virtue of sub-paragraph (2)—

(a) shall be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders);

(b) may be revoked at any time by the Commission (as well as by the chief executive).

Financing of Commission

14

(1) The expenditure of the Commission, so far as it cannot be met out of income received by the Commission, shall be met, in accordance with this paragraph, out of money provided by Parliament (except so far as it is—

(a) reimbursed by the Secretary of State under section 18(9) or the Scottish Ministers in pursuance of section 13A , 19(11) or 145(6); . . .

(aa) met out of the Welsh Consolidated Fund under paragraph 16A;

(aa) met by the Scottish Parliamentary Corporate Body under paragraph 14A,

(b) met by the Welsh Ministers in pursuance of section 5(3) ...; or

(2) For each financial year (other than the Commission’s first financial year) the Commission shall prepare, and submit to the Speaker’s Committee, an estimate of the Commission’s income and expenditure.

(3) The Speaker’s Committee shall—

(a) examine each such estimate submitted to them; and

(b) decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c) if they are not so satisfied, shall make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency.

(4) Before deciding whether they are so satisfied or making any such modifications, the Speaker’s Committee shall—

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

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(5) The Speaker’s Committee shall, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.

(6) If the Speaker’s Committee, in the discharge of their functions under this paragraph—

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

(b) do not follow any advice given to them by the Treasury, or

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

(6A) An estimate prepared under this paragraph must not include income or expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16A).

(7) The Secretary of State may by order provide for the transfer to the Commission of such property, rights and liabilities—

(a) to which he is entitled or subject, and

(b) which are specified in the order,

as he considers appropriate in connection with the establishment of the Commission.

(8) Such an order may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of any such property, rights or liabilities otherwise than by the order.

(9) An estimate prepared under this paragraph must not include income or expenditure that is attributable to the exercise of the Commission’s functions in relation to Scottish devolved functions (as to which, see paragraph 14A)

Five-year plan

15

(1) When the Commission submit to the Speaker’s Committee such an estimate as is mentioned in paragraph 14 in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election, the Commission shall also submit to the Committee a plan prepared by the Commission setting out the Commission’s—

(a) aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and

(b) estimated requirements for resources during that five-year period.

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

(2) The Speaker’s Committee shall—

(a) examine each plan submitted to them;

(b) decide whether they are satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c) if they are not so satisfied, shall make such modifications to the plan as they consider appropriate for the purpose of achieving such consistency.

(3) Before deciding whether they are so satisfied or making any such modifications, the Speaker’s Committee shall—

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

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(4) The Speaker’s Committee shall, after concluding their examination and making their modifications (if any) to the plan, lay the plan before the House of Commons.

(5) If the Speaker’s Committee, in the discharge of their functions under this paragraph—

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

(b) do not follow any advice given to them by the Treasury, or

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

(6) A plan prepared under this paragraph must not include aims, objectives or estimated requirements for the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16B).

(7) A plan prepared under this paragraph must not include aims, objectives or estimated requirements for the exercise of the Commission’s functions in relation to Scottish devolved functions (as to which, see paragraph 15A).

Examination of Commission by Comptroller and Auditor General

16

(1) For the purpose of assisting the Speaker’s Committee to discharge their functions under paragraphs 14 and 15 in respect of any year when both an estimate under paragraph 14 and a five-year plan under paragraph 15 are submitted to them, the Comptroller and Auditor General shall before the Committee consider the estimate and plan —

(a) carry out an examination into the economy, efficiency or effectiveness (or, if he so determines, any combination thereof) with which the Commission have used their resources in discharging their functions (or, if he so determines, any particular functions of theirs);

(b) report to the Speaker’s Committee the results of the examination; and

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

Accounts

17

(1) The Commission shall keep proper accounting records.

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