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

“the referendum area” means the area throughout which the referendum is being held;

“universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011 .

(5) If this paragraph comes into force at a time when the amendments made to section 91 of the Representation of the People Act 1983 by the Postal Services Act 2000 have not come into force, then until such time as those amendments come into force, this paragraph shall have effect subject to such modifications as may be specified in the order under section 163 of this Act which brings this paragraph into force.

Right to use rooms for holding public meetings

2

(1) Subject to the provisions of this paragraph, persons authorised by a designated organisation are entitled for the purpose of holding public meetings in furtherance of the organisation’s referendum campaign to the use free of charge, at reasonable times during the relevant period, of—

(a) a suitable room in the premises of a school to which this paragraph applies in accordance with sub-paragraph (2);

(b) any meeting room to which this paragraph applies in accordance with sub-paragraph (3).

For this purpose “the relevant period” means the period of 28 days ending with the day before the date of the poll.

(2) This paragraph applies—

(a) in England and Wales, to community, foundation and voluntary schools whose premises are situated in the referendum area, and

(b) in Scotland, to any school whose premises are so situated, other than an independent school within the meaning of the Education (Scotland) Act 1980.

(3) This paragraph applies to meeting rooms situated in the referendum area the expense of maintaining which is payable wholly or mainly out of public funds or by any local authority, or by a body whose expenses are so payable.

(4) Where a room is used for a meeting in pursuance of the rights conferred by this paragraph, the person by whom or on whose behalf the meeting is convened—

(a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b) shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5) A person is not entitled to exercise the rights conferred by this paragraph except on reasonable notice; and this paragraph does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6) For the purposes of this paragraph (except those of paragraph (b) of sub-paragraph (4)), the premises of a school shall not be taken to include any private dwelling, and in this paragraph—

“dwelling” includes any part of a building where that part is occupied separately as a dwelling;

“meeting room” means any room which it is the practice to let for public meetings; and

“room” includes a hall, gallery or gymnasium.

(7) In this paragraph “the referendum area” means the area throughout which the referendum is being held.

(8) Neither this paragraph, nor paragraph 3, applies to Northern Ireland.

Supplementary provisions about use of rooms for public meetings

3

(1) This paragraph has effect with respect to the rights conferred by paragraph 2 and the arrangements to be made for their exercise.

(2) Any arrangements for the use of a room in school premises shall be made—

(a) with the local authority (or, in Scotland, education authority) maintaining the school, or

(b) in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school.

(3) Any question as to the rooms in school premises which a person authorised by a designated organisation is entitled to use, or as to the times at which he is entitled to use them, or as to the notice which is reasonable, shall be determined by the Secretary of State.

(4) Any person authorised by a designated organisation is entitled at all reasonable hours to inspect—

(a) any lists prepared in pursuance of paragraph 4 or 6 of Schedule 5 to the Representation of the People Act 1983 (use of rooms for parliamentary election meetings), or

(b) a copy of any such lists,

in connection with exercising the rights conferred by paragraph 2.

(5) In this paragraph “local authority” has the meaning given by section 579(1) of the Education Act 1996.

Referendum campaign broadcasts

4

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

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

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

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

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

(6) The British Broadcasting Corporation shall have regard, in determining its policy with respect to referendum campaign broadcasts by designated organisations, to any views expressed by the Electoral Commission for the purposes of this sub-paragraph.

(7) In this paragraph—

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

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

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

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

“referendum campaign broadcast” has the same meaning as in section 127.

SCHEDULE 13

Part I — Qualifying expenses

Expenses qualifying where incurred for referendum purposes

1

For the purposes of section 111(2) the expenses falling within this Part of this Schedule are expenses incurred in respect of any of the matters set out in the following list.

List of matters

Exclusions

2

Nothing in paragraph 1 shall be taken as extending to—

(a) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(b) any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the campaign organiser; or

(c) any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.

Part II — Supplemental

Guidance by Commission

3

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

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

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

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

(a) in its original form, or

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

before each House of Parliament.

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

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

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

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

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

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

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

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

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

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

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

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

Power to amend Part I

4

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

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

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

(b) after consultation with the Commission.

SCHEDULE 14

Limits on referendum expenses by permitted participants

Limits in relation to referendums held throughout United Kingdom

1

(1) This paragraph imposes limits in relation to a referendum falling within section 101(1)(a).

(2) The limit on referendum expenses incurred by or on behalf of a permitted participant during the referendum period in the case of such a referendum is—

(a) £5 million in the case of a person or body designated under section 108;

(b) in the case of a registered party falling within section 105(1)(a) but not designated under section 108—

(i) £5 million, if the party’s relevant percentage exceeds 30 per cent,

(ii) £4 million, if the party’s relevant percentage is more than 20 per cent. but not more than 30 per cent,

(iii) £3 million, if the party’s relevant percentage is more than 10 per cent. but not more than 20 per cent,

(iv) £2 million, if the party’s relevant percentage is more than 5 per cent. but not more than 10 per cent,

(v) £500,000, if the party’s relevant percentage is not more than 5 per cent. or if it has no relevant percentage; and

(3) For the purposes of this paragraph—

(a) a registered party has a relevant percentage in relation to a referendum to which this paragraph applies if, at the last parliamentary general election taking place before the referendum, votes were cast for one or more candidates at the election authorised to use the party’s registered name; and

(b) the amount of its relevant percentage is equal to the percentage of the total number of votes cast for all candidates at that election which is represented by the total number of votes cast for the candidate or candidates mentioned in paragraph (a).

(4) Where at any such general election a candidate was authorised to use the registered name of more than one registered party, then for the purposes of sub-paragraph (3)(b) as it applies in relation to each of those parties, the number of votes cast for the candidate shall be taken to be the total number cast for him divided by the number of parties.

(5) In this paragraph any reference to a parliamentary general election is to one taking place after the passing of this Act.

Limits in relation to referendums held in particular parts of United Kingdom

2

(1) This paragraph imposes limits in relation to a referendum to which this Part applies, other than one falling within section 101(1)(a).

(2) The limit on referendum expenses incurred by or on behalf of a permitted participant during the referendum period in the case of such a referendum is such amount as the Secretary of State may by order prescribe.

(3) Different amounts may be so prescribed for different referendums or different categories of permitted participants.

(4) Before making an order under this paragraph the Secretary of State shall seek, and have regard to, the views of the Commission.

(5) Where the Secretary of State proposes to make such an order otherwise than in accordance with the views of the Commission, he shall on laying a draft of a statutory instrument containing the order before each House of Parliament also lay before each House a statement of his reasons for departing from the views of the Commission.

SCHEDULE 15

Part I — Introductory

Operation and interpretation of Schedule

1

(1) This Schedule has effect for controlling donations to permitted participants that either are not registered parties or are minor parties.

(2) The following provisions have effect for the purposes of this Schedule.

(3) In accordance with sub-paragraph (1) “permitted participant” does not include a permitted participant which is a registered party other than a minor party.

(4) “Relevant donation”, in relation to a permitted participant at a referendum, means a donation to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant.

(5) “Donation” shall be construed in accordance with paragraphs 2 to 4.

(6) In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor falling within section 54(2) do not include a registered party.

Donations: general rules

2

(1) “Donation”, in relation to a permitted participant, means (subject to paragraph 4)—

(a) any gift to the permitted participant of money or other property;

(b) any sponsorship provided in relation to the permitted participant (as defined by paragraph 3);

(c) any money spent (otherwise than by or on behalf of the permitted participant) in paying any referendum expenses incurred by or on behalf of the permitted participant;

(d) any money lent to the permitted participant otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the permitted participant (including the services of any person);

(f) in the case of a permitted participant other than an individual, any subscription or other fee paid for affiliation to, or membership of, the permitted participant.

(2) Where—

(a) any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the permitted participant for the purposes of sub-paragraph (1)(a).

(3) In determining—

(a) for the purposes of sub-paragraph (1)(d) whether any money lent to a permitted participant is so lent otherwise than on commercial terms, or

(b) for the purposes of sub-paragraph (1)(e) whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities.

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) shall apply in relation to it to the exclusion of the other provision of this paragraph.

(5) Anything given or transferred to any officer, member, trustee or agent of a permitted participant in his capacity as such (and not for his own use or benefit) is to be regarded as given or transferred to the permitted participant (and references to donations received by a permitted participant accordingly include donations so given or transferred).

(6) In this paragraph—

(a) any reference to anything being given or transferred to a permitted participant or any other person is a reference to its being given or transferred either directly or indirectly through any third person;

(b) “gift” includes bequest.

Sponsorship

3

(1) For the purposes of this Schedule sponsorship is provided in relation to a permitted participant if—

(a) any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

(i) to help the permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, or

(ii) to secure that to any extent any such expenses are not so incurred.

(2) In sub-paragraph (1) “defined expenses” means expenses in connection with—

(a) any conference, meeting or other event organised by or on behalf of the permitted participant,

(b) the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or

(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)—

(a) the making of any payment in respect of—

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any other charge for access to, any publication;

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3).

(5) In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Payments etc. not to be regarded as donations

4

(1) None of the following shall be regarded as a donation—

(a) any grant provided out of public funds, other than a grant provided to a designated organisation by virtue of section 110(2);

(b) the provision of any rights conferred on a designated organisation (or persons authorised by a designated organisation) by virtue of section 110(4) and Schedule 12;

(c) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge; or

(d) any interest accruing to a permitted participant in respect of any donation which is dealt with by the permitted participant in accordance with section 56(2)(a) or (b) (as applied by paragraph 7).

(2) Any donation whose value (as determined in accordance with paragraph 5) is not more than £500 shall be disregarded.

Value of donations

5

(1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.

(2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation shall be taken to be the difference between—

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the permitted participant.

(3) The value of any donation falling within paragraph 2(1)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

(4) The value of any donation falling within paragraph 2(1)(d) or (e) shall be taken to be the amount representing the difference between—

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the permitted participant in respect of the loan or the provision of the property, services or facilities if—

(i) the loan had been made, or

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the permitted participant.

(5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—

(a) shall be determined at the time when it is made, but

(b) shall be so determined by reference to the total benefit accruing to the donee over that period.

Part II — Controls on donations

Prohibition on accepting donations from impermissible donors

6

(1) A relevant donation received by a permitted participant must not be accepted by the permitted participant if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the permitted participant, a permissible donor falling within section 54(2), or

(b) the permitted participant is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.

(2) For the purposes of this Schedule any payment received by a designated organisation by virtue of section 110(2) shall be regarded as a donation received by the organisation from a permissible donor falling within section 54(2).

(3) For the purposes of this Schedule, any relevant donation received by a permitted participant which is an exempt trust donation shall be regarded as a relevant donation received by the permitted participant from a permissible donor.

(4) But, for the purposes of this Schedule, any relevant donation received by a permitted participant from a trustee of any property (in his capacity as such) which is not—

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the permitted participant on behalf of beneficiaries under the trust who are—

(i) persons who at the time of its receipt by the permitted participant are permissible donors falling within section 54(2), or

(ii) the members of an unincorporated association which at that time is such a permissible donor,

shall be regarded as a relevant donation received by the permitted participant from a person who is not such a permissible donor.

(5) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a permitted participant by way of a relevant donation—

(a) on behalf of himself and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this Schedule each individual contribution by a person falling within paragraph (a) or (b) of more than £500 shall be treated as if it were a separate donation received from that person.

(6) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the permitted participant, the responsible person is given—

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies; and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 10(1)(a).

(7) Where—

(a) any person (“the agent”) causes an amount to be received by a permitted participant by way of a donation on behalf of another person (“the donor”), and

(b) the amount of the donation is more than £500,

the agent must ensure that, at the time when the donation is received by the permitted participant, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 10(1)(c) to be given in respect of the donor of a donation to which that paragraph applies.

(8) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (6) or (7).

Acceptance or return of donations

7

(1) Sections 56 to 60 shall apply for the purposes of this Schedule in relation to a permitted participant and any relevant donation received by a permitted participant as they apply in relation to a registered party and a donation received by a registered party.

(2) In the application of sections 56 to 60 in accordance with sub-paragraph (1)—

(a) section 56(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 10(1)(c) (in relation to a donation to which that paragraph applies); and

(b) section 56(3) and (4) shall each have effect as if any reference to the treasurer of a registered party were construed as a reference to the responsible person in relation to the permitted participant.

Evasion of restrictions on donations

8

Section 61 shall apply for the purposes of this Schedule as if—

(a) any reference to donations were to relevant donations;

(b) any reference to a registered party were a reference to a permitted participant; and

(c) any reference to the treasurer of such a party were, in relation to a permitted participant, a reference to the responsible person.

Part III — Reporting of donations

Statement of relevant donations

9

The responsible person in relation to a permitted participant must include in any return required to be prepared under section 120 a statement of relevant donations which complies with paragraphs 10 and 11.

Donations from permissible donors

10

(1) The statement must record, in relation to each relevant donation falling within sub-paragraph (2) which is accepted by the permitted participant—

(a) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(b) the date when the donation was accepted by the permitted participant; and

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

(2) Sub-paragraph (1) applies to a relevant donation where—

(a) the value of the donation is more than £11,180, or

(b) the value of the donation, when added to the value of any other donation or donations made by the same donor (whether or not falling within paragraph (a)), is more than that amount.

(3) The statement must also record—

(a) the total value of any relevant donations, other than those falling within sub-paragraph (2), which are accepted by the permitted participant; and

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

(4) In the case of a donation made by an individual who has an anonymous entry in an electoral register (within the meaning of the Representation of the People Act 1983) if the statement states that the permitted participant has seen evidence of such description as is prescribed by the Secretary of State in regulations that the individual has such an anonymous entry, the statement must be accompanied by a copy of the evidence.

Donations from impermissible or unidentifiable donors

11

(1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).

(2) Where paragraph 6(1)(a) applies, the statement must record—

(a) the name and address of the donor;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a); and

(d) such other information as is required by regulations made by the Commission.

(3) Where paragraph 6(1)(b) applies the statement must record—

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

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b); and

(d) such other information as is required by regulations made by the Commission.

(4) In this paragraph any reference to any provision of section 56 is a reference to that provision as applied by paragraph 7.

SCHEDULE 16

SCHEDULE 17

Preliminary

1

The Representation of the People Act 1983 shall be amended as follows.

Local election petitions

2

In section 130 (election court for election in England and Wales and place of trial), in subsection (2)(b) (disqualification of persons to constitute election court) for the words from “area” onwards substitute “ area in which he resides. ”

Procedure on all election petitions

3

(1) For section 137 there shall be substituted—

(137) (1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below. (2) In this section “the relevant time” means— (a) where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and (b) in any other case, the time when— (i) the time prescribed for the making of objections under section 136(4) above expires, or (ii) if such an objection is made, that objection is disallowed or removed, whichever happens later.

(2) The amendment made by sub-paragraph (1) does not have effect in relation to election petitions in respect of local government elections in Scotland.

4

In section 138(1) (list of petitions) the words from “, a copy of which” onwards shall be omitted.

5

(1) Sections 148 to 153 (withdrawal or abatement of petition) shall be omitted.

(2) The repeals made by sub-paragraph (1) do not have effect in relation to election petitions in respect of local government elections in Scotland.

6

In section 157 (appeals and jurisdiction), subsection (5) (additional remuneration for designated masters) shall be omitted.

Consequences of finding by election court of corrupt or illegal practice

7

In section 159 (candidate reported guilty of corrupt or illegal practice)—

(a) subsection (2) shall be omitted, and

(b) for subsection (3) there shall be substituted—

(3) A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland— (a) for ten years, if reported personally guilty of a corrupt practice, (b) for three years, if reported guilty by his agents of a corrupt practice, or (c) during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice, and if at the date of the report he holds any such office, then the office shall be vacated as from that date.

8

In section 160 (candidate or other person reported personally guilty of corrupt practice or illegal practice), for subsections (4) and (5) there shall be substituted—

(4) Subject to the provisions of subsection (4A) and section 174 below, a candidate or other person reported by an election court personally guilty of a corrupt or illegal practice— (a) shall during the relevant period specified in subsection (5) 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, (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 as from the date of the report. (4A) The incapacity imposed by subsection (4)(a)(i) above applies only to a candidate or other person reported personally guilty of a corrupt practice under section 60 above or of an illegal practice under section 61 above. (5) For the purposes of subsection (4) above the relevant period is the period beginning with the date of the report and ending— (a) in the case of a person reported personally guilty of a corrupt practice, five years after that date, or (b) in the case of a person reported personally guilty of an illegal practice, three years after that date. (5A) Subject to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice— (a) shall for the period of five years beginning with the date of the report, 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.

9

In section 166 (votes to be struck off for corrupt or illegal practices), in subsection (3) (person’s vote to be void if he is subject to any incapacity to vote), for “public office” there shall be substituted “ elective office or to any public office in Scotland ”.

10

In section 185(1) (interpretation of Part III of the Act)—

(a) after the definition of “declaration as to election expenses” there shall be inserted—

“elective office” means any office to which a local government election is held in England or Wales;

;

and

(b) in the definition of “public office” for “ “public office” means any office—” substitute “ “public office” in relation to Scotland means any office held in Scotland— ”.

SCHEDULE 18

Preliminary

1

The Representation of the People Act 1983 shall be amended as follows.

Contracts about election expenses

2

Section 72 (contracts through election agent) shall be omitted.

Payment of election expenses

3

(1) Section 73 (payment of expenses through election agent) shall be amended as follows.

(2) For subsection (1) there shall be substituted—

(1) Subject to subsection (5) below, no payment (of whatever nature) shall be made by— (a) a candidate at an election, or (b) any other person, in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.

(3) In subsection (2), for “and by a receipt” there shall be substituted “ or by a receipt ”.

(4) Subsection (4) shall be omitted.

(5) For subsection (5) there shall be substituted—

(5) This section does not apply to— (a) any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate; (b) any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision; (c) any expenses included in a declaration made by the election agent under section 74A below; or (d) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below.

(6) In subsection (6)—

(a) for “any payment, advance or deposit” there shall be substituted “ any payment (of whatever nature) ”; and

(b) the words from “, or pays” to “as mentioned above,” shall be omitted.

4

(1) Section 74 (candidate’s personal expenses, and petty expenses) shall be amended as follows.

(2) For the sidenote there shall be substituted “ Expenses which may be paid otherwise than by election agent. ”

(3) After subsection (1A) there shall be inserted—

(1B) The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.

(4) In subsection (2), for “personal expenses paid as mentioned above” there shall be substituted “ expenses paid as mentioned in subsection (1) or (1B) above ”.

(5) After subsection (4) there shall be inserted—

(5) Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate’s election agent.

5

After section 74 there shall be inserted—

(74A) (1) Neither section 73 above nor sections 78 and 79 below shall apply to election expenses— (a) which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but (b) which by virtue of section 90A(1) below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election. (2) The candidate’s election agent shall make a declaration of the amount (determined in accordance with section 90B below) of any election expenses falling within subsection (1) above. (3) In this section “for the purposes of the candidate’s election” has the same meaning as in sections 90A to 90C below.

6

(1) Section 78 (time for sending in and paying claims) shall be amended as follows.

(2) In subsections (1) and (2) for “within” wherever it occurs there shall be substituted “ not later than ”.

Returns of election expenses

7

(1) Section 81 (return as to election expenses) shall be amended as follows.

(2) In subsection (1) for the words from “in the form” onwards there shall be substituted

containing as respects that candidate— (a) a statement of all election expenses incurred by or on behalf of the candidate; and (b) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.

(3) For subsection (2) there shall be substituted—

(2) A return under this section must— (a) specify the poll by virtue of which the return is required; (b) specify the name of the candidate to whom the return relates and of the candidate’s election agent; and (c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) above.

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

(5) Subsection (4) shall be omitted.

(6) In subsection (7), the words from “; and” onwards shall be omitted.

(7) After subsection (10) there shall be inserted—

(10A) The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.

(8) Subsection (11) shall be omitted.

8

Section 82(4) (person before whom declaration as to elections expenses may be made) shall be omitted.

9

After section 87 there shall be inserted—

(87A) (1) Where the appropriate officer receives any return or declaration under section 75, 81 or 82 above in respect of — (a) a parliamentary election, or (b) an election of the Mayor of London, he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents. (2) Where the appropriate officer receives any return or declaration under section 75, 81 or 82 in respect of any election other than one mentioned in subsection (1) above, he shall, if so requested by the Electoral Commission, deliver to them a copy of the return and any accompanying documents.

10

For section 89(1) (inspection of returns and declarations) there shall be substituted—

(1) Where the appropriate officer receives any return or declaration under section 75, 81 or 82 above he shall— (a) as soon as reasonably practicable after receiving the return or declaration make a copy of it, and any accompanying documents, available for public inspection at his office, or some other convenient place chosen by him, for a period of two years beginning with the date when the return is received by him; (b) if requested to do so by any person, and on payment of the prescribed fee, supply that person with a copy of the return or declaration and any accompanying documents. (1A) If any such return contains a statement of donations in accordance with section 81(3)(e) above, the appropriate officer shall secure that the copy of the statement made available for public inspection under subsection (1)(a) above or (as the case may be) supplied under subsection (1)(b) above does not include, in the case of any donation by an individual, the donor’s address.

11

In section 90 (election expenses at elections where election agent not required)—

(a) in subsection (1)(a), for “section 76(1) above has” there shall be substituted “ section 76(1B) above and sections 90A(5) and 90C below have ”;

(b) in subsection (1)(b), for “sections 72 to 75 and 78 to 89 above” there shall be substituted “ sections 71A to 75 and 78 to 89 above, and Schedule 2A to this Act, ”;

(c) section 76A(2) has effect as if it referred, in substitution for the provisions set out in paragraphs (a) to (c) of that subsection, to paragraph 3 of Schedule 4 to this Act.

;

and

(d) in subsection (2) for “sections 72 to 89” there shall be substituted “ sections 71A to 89 ”.

Conveyance of voters to and from the poll

12

Sections 101 to 105 (conveyance of voters to and from the polls) shall be omitted.

Illegal practices, payments, employments and hirings

13

Section 108 (premises not to be used as committee rooms) shall be omitted.

14

For section 110 there shall be substituted—

(110) (1) This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well). (2) No material to which this section applies shall be published unless— (a) in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, 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 (7) below are complied with. (3) For the purposes of subsections (4) to (6) below the following details are “the relevant details” in the case of any material falling within subsection (2)(a) above, namely— (a) the name and address of the printer of the document; (b) the name and address of the promoter of the material; and (c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter). (4) 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. (5) Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear either on the first or the last page of the document. (6) 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 (3)(b) and (c) above must be included in the advertisement. (7) The Secretary of State may, after consulting the Electoral Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above 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). (8) Regulations under subsection (7) above 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. (9) Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (11) and (12) below)— (a) the promoter of the material, (b) any other person by whom the material is so published, and (c) the printer of the document, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (10) Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (11) and (12) below)— (a) the promoter of the material, and (b) any other person by whom the material is so published, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (11) It shall be a defence for a person charged with an offence under this section to prove— (a) that the contravention of subsection (2) above 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. (12) Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (9) or (10) above, he shall instead be guilty of an illegal practice. (13) In this section— - “print” means print by whatever means, and “printer” shall be construed accordingly; - “the promoter”, in relation to any material to which this section applies, 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. (14) For the purpose of determining whether any material is material such as is mentioned in subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate.

Election expenses

15

In section 118 (interpretation of Part II)—

(a) for the definition of “election expenses” there shall be substituted—

“election expenses”, in relation to an election, shall be construed in accordance with sections 90A to 90D above;

and

(b) in the definition of “money”, for “sections 113 and 114 above” there shall be substituted “ sections 71A, 113 and 114 above and Schedule 2A to this Act ”.

16

In Schedule 3—

(a) the form of return, and

(b) in the form of declarations—

(i) in paragraph 3, the words “in relation to my [the candidate’s] personal expenses”, and

(ii) paragraph 4,

shall be omitted.

17

In Schedule 4 (election expenses in connection with certain local elections), in paragraph 3, for “and receipts” there shall be substituted “ or by receipts ”.

Jurisdiction and procedure

18

(1) The following provisions shall be omitted—

(a) section 78(6);

(b) section 79(3);

(d) section 106(8);

(e) section 122(8);

(f) section 167(4); and

(g) section 174(6).

(2) For section 78(7) there shall be substituted—

(7) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (4) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

(3) For section 86(10) and (11) there shall be substituted—

(10) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

(4) For section 106(9) there shall be substituted—

(9) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

(5) For section 167(5) there shall be substituted—

(5) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

References to documents used in legal proceedings

19

(1) In section 69 (office of election agent and sub-agent)—

(a) in subsection (1), for “writs, summonses and” substitute “ legal process and other ”; and

(b) in subsection (3), for “writ, summons or” substitute “ legal process or other ”.

(2) In section 85(4) (penalty for sitting or voting where no return and declarations transmitted), for—

(a) “the writ or other process” (in both places), and

(b) “a writ or other process”,

substitute “ legal process ”.

(3) In section 121(5) (presentation and service of parliamentary election petition), for the words from “as nearly” to “such other” substitute “ in such ”.

(4) In section 136(2) (security for costs), in paragraphs (a) and (b), for “on summons, directs” substitute “ directs on an application made by the petitioner ”.

(5) In section 184(1) (service of notices), for “summons, notice or” substitute “ notice, legal process or other ”.

(6) In section 202(1) (general provisions as to interpretation), after the definition of “legal incapacity” insert—

“legal process” means a claim form, application notice, writ, summons or other process;

(7) In Schedule 4 (election expenses at certain local elections in England and Wales), in paragraph 4(3) (penalty for sitting or voting where no return and declarations transmitted), for “a writ or other process” substitute “ legal process ”.

SCHEDULE 19

SCHEDULE 20

SCHEDULE 21

Public Records Act 1958 (c. 51)

1

In Part II of the Table at the end of paragraph 3 of the First Schedule to the Public Records Act 1958 (establishments and organisations whose records are public records), insert at the appropriate place—

Electoral Commission.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), insert at the appropriate place—

Electoral Commission.

House of Commons Disqualification Act 1975 (c. 24)

3

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a) in Part II (bodies of which all members are disqualified), insert at the appropriate place—

The Electoral Commission.

;

and

(b) in Part III (other disqualifying offices), insert at the appropriate places—

Deputy Electoral Commissioners. ,

Assistant Electoral Commissioners. , and

Member of the staff of the Electoral Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4

In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership)—

(a) in Part II (bodies of which all members are disqualified), insert at the appropriate place—

The Electoral Commission. ; and

(b) in Part III (other disqualifying offices), insert at the appropriate places—

Deputy Electoral Commissioners. ,

Assistant Electoral Commissioners. , and

Member of the staff of the Electoral Commission.

European Parliamentary Elections Act 1978 (c. 10)

5

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

Representation of the People Act 1983 (c. 2)

6

(1) The Representation of the People Act 1983 is amended as follows.

(2) In section 18(5) (polling districts and places at parliamentary elections)—

(a) for “the Secretary of State”, wherever occurring, substitute “ the Electoral Commission ”; and

(b) for “he thinks fit” substitute “ they think fit ”.

(3) In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute—

(3) A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if— (a) the services or expenses are of a kind specified in regulations made by the Electoral Commission (“the Commission”) with the consent of the Treasury; and (b) the charges are reasonable. (4) Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses. (5) In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied— (a) that it was reasonable for the returning officer concerned to render the services or incur the expenses; and (b) that the charges in question are reasonable. (6) Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations. (7) The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below. (8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission. (9) On the returning officer’s request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit. (10) The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer’s charges. (11) Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund.

(4) In section 47(1) (loan of equipment for local elections), for “the Secretary of State” substitute “ the Electoral Commission ”.

(5) In section 52 (discharge of registration duties), after subsection (1) insert—

(1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify— (a) the software which is to be used in connection with the maintenance of the registers in that form; (b) the standards in accordance with which that software is to be maintained and updated; (c) how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.

(6) In section 175 (illegal payments etc.), for “illegal payment, employment or hiring”, wherever they occur, substitute “ illegal payment or employment ”.

(7) In section 201 (regulations)—

(a) in subsection (1), omit the words from “and except” to “section 29(8)”;

(b) in subsection (2), for “section 29(8)” substitute “ section 110(7) ”;

(2A) Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

;

and

(d) in subsection (3), after “the Secretary of State” insert “ , or the Electoral Commission (in the case of any regulations made by them), ”.

(8) In section 202(1) (general definitions), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.

(9) In Schedule 1 (parliamentary elections rules), at the end of rule 14 (publication of statement of persons nominated) insert—

(5) The returning officer shall send to the Electoral Commission— (a) a copy of the statement; and (b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 6A above, a copy of that certificate as well.

Representation of the People Regulations 1986 (S.I. 1986/1081) and Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111)

7

(1) In regulation 99 of the Representation of the People Regulations 1986 and in regulation 97 of the Representation of the People (Scotland) Regulations 1986 (modification of provisions about expenses in the Act of 1983)—

(a) in paragraph (1), for “subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29” substitute “ subsections (3), (4), (5), (6), (7), (9) and (10) of section 29 ”; and

(b) in paragraph (3), for “the Secretary of State” substitute “ the Electoral Commission ”.

(2) The amendments made by sub-paragraph (1) shall not be taken to prejudice the power to make regulations varying or revoking the amended provisions.

Broadcasting Act 1990 (c. 42)

8

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

Local Government Act 1992 (c. 19)

9

(1) Section 13 of the Local Government Act 1992 (duty of Local Government Commission for England to conduct reviews) is amended as follows.

(2) For subsections (1) and (1A) (duty to conduct reviews when directed to do so) substitute—

(1) The Secretary of State may direct the Local Government Commission to conduct a review of such areas in England as are specified in the direction or are of a description so specified. (1AA) A direction under subsection (1) above shall, in respect of each area to which it relates, specify which of the following kinds of changes, namely— (a) structural changes, (b) boundary changes, and (c) electoral changes, is or are to be considered in the review of that area. (1A) Where the Secretary of State gives a direction under subsection (1) above requiring the Local Government Commission to conduct any review, the Local Government Commission shall conduct the review in accordance with this Part and any directions given under it and, in respect of each of the areas to which the direction relates, recommend in the case of each kind of changes required to be considered in the review of the area either— (a) that the Secretary of State should make such changes of that kind as are specified in the recommendations; or (b) that he should make no changes of that kind.

(3) In subsection (1C) (interpretation of subsections (1A) and (1B))—

(a) for “subsections (1A) and (1B)” substitute “ subsection (1B) ”; and

(b) omit paragraph (b) and the “and” preceding it.

(4) Omit subsections (3) and (4) (timing of periodic reviews).

10

In section 14(8) of that Act (changes that may be recommended), for “section 13(1) above” substitute “ section 13(1A) above ”.

Criminal Justice and Public Order Act 1994 (c. 33)

11

In section 170 of the Criminal Justice and Public Order Act 1994 (security at party conferences), in subsection (5) for “the Registration of Political Parties Act 1998” substitute “ the Political Parties, Elections and Referendums Act 2000 ”.

Government of Wales Act 1998 (c. 38)

12

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

Scotland Act 1998 (c. 46)

13

(1) The Scotland Act 1998 is amended as follows.

(2) In section 5(9) (candidates at general elections) for “the Registration of Political Parties Act 1998” substitute “ Part II of the Political Parties, Elections and Referendums Act 2000 ”.

(3) In section 12(2)(c) (power to make provision about elections) omit “and registered political parties”.

Northern Ireland Act 1998 (c. 47)

14

(1) The Northern Ireland Act 1998 is amended as follows.

(2) In section 18(13)(a) (Northern Ireland Ministers) for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.

(3) In Schedule 2 (excepted matters), for paragraph 13 substitute—

(13) The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies). This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.

Greater London Authority Act 1999 (c. 29)

15

In section 4(11) of the Greater London Authority Act 1999 (voting at ordinary elections), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.

Representation of the People Act 2000 (c. 2)

16

(1) Section 10 of the Representation of the People Act 2000 (pilot schemes) is amended as follows.

(2) After subsection (1) insert—

(1A) Subsection (1) applies to proposals falling within that subsection which are submitted by a relevant local authority jointly with the Electoral Commission as if in that subsection— (a) the first reference to any such authority in paragraph (a), and (b) the reference to the authority in paragraph (b)(ii), were each a reference to the authority and the Commission; and, in a case where any such proposals are not jointly so submitted, the Secretary of State must consult the Commission before making an order under that subsection.

(3) In subsection (5)(a), after “the authority concerned” insert “ and to the Electoral Commission ”.

(4) In subsection (6), for “the authority concerned” substitute “ the Electoral Commission ”.

(5) After subsection (6) insert—

(6A) The report shall be prepared by the Electoral Commission in consultation with the authority concerned; and that authority shall provide the Commission with such assistance as they may reasonably require in connection with the preparation of the report (which may, in particular, include the making by the authority of arrangements for ascertaining the views of voters about the operation of the scheme).

(6) In subsection (7), after “The report shall” insert “ , in particular, ”.

(7) For subsection (10) substitute—

(10) Once the Electoral Commission have prepared the report, they shall send a copy of the report— (a) to the Secretary of State, and (b) to the authority concerned, and that authority shall publish the report in their area, in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections in question.

17

(1) Section 11 of that Act (revision of procedures in the light of pilot schemes) is amended as follows.

(2) At the end of subsection (1) insert—

The power of the Secretary of State to make such an order shall, however, be exercisable only on a recommendation of the Electoral Commission.

(3) In subsection (4), for the words from “the report” onwards substitute “ every report under section 10 which relates to a scheme making provision similar to that made by the order. ”

Local Government Act 2000 (c. 22)

18

(1) The Local Government Act 2000 is amended as follows.

(2) In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert—

(3A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission. (3B) In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.

(3) In section 45 (conduct of referendums under the Act), after subsection (8) insert—

(8A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to— (a) provisions which specify the wording of the question to be asked in a referendum, or (b) provisions for matters mentioned in subsection (8)(c). (8B) No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless— (a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and (b) when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation. (8C) Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together. (8D) No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless— (a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and (b) where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.

(4) In section 45(9), after “(8)” insert “ to (8C) ”.

SCHEDULE 22

SCHEDULE 23

Part I — Transfer of registration of existing registered parties

Interpretation of Part I

1

In this Part of this Schedule—

“the 1998 Act” means the Registration of Political Parties Act 1998;

“the appointed day” means the appointed day for the purposes of Part II of this Act;

“the compliance period” means the period of six weeks beginning with the initial date;

“emblem”, in relation to a party, means an emblem to be used by the party on ballot papers;

“the initial date” means the date falling 14 days after the day on which this Act is passed;

“the new registers” means the Great Britain register and the Northern Ireland register.

Declaration for purposes of section 28

2

(1) This paragraph applies to any party registered under the 1998 Act on the initial date.

(2) Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 28(2).

(3) In connection with any such declaration, any reference in section 28(2) or (3) to a party’s applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).

(4) Where the party sends the Commission a declaration falling within section 28(2)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party—

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