Electoral Administration Act 2006

(6A) (1) A representative of the Commission may attend— (a) proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election; (b) proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer. (2) The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question. (3) In this section, “representative of the Commission” means any of the following— (a) a member of the Commission; (b) a member of staff of the Commission; (c) a person appointed by the Commission for the purposes of this section. (4) A reference to the relevant counting officer must be construed— (a) if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3); (b) if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland. (5) The elections specified in this subsection are— (a) an election mentioned in section 5(2); (b) a parliamentary by-election; (c) an election under section 9 of the Scotland Act 1998 (constituency vacancies); (d) an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats); (e) a local government election in England or Wales; (f) a local election in Northern Ireland. (6B) (1) A representative of the Commission may observe the working practices of any of the following— (a) an electoral registration officer; (b) a returning officer; (c) a relevant counting officer; (d) any person acting under the direction of a person mentioned in paragraphs (a) to (c). (2) In this section— (a) “relevant counting officer”, and (b) “representative of the Commission”, must be construed in accordance with section 6A. (3) This section does not permit the observation of working practices which relate only to a local government election in Scotland. (6C) (1) A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies— (a) proceedings at the issue or receipt of postal ballot papers; (b) proceedings at the poll; (c) proceedings at the counting of votes. (2) If the Commission grant the application, the accredited observer may attend the proceedings in question. (3) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F. (4) The Commission may at any time revoke the grant of an application under subsection (1). (5) If the Commission— (a) refuse an application under subsection (1), or (b) revoke the grant of any such application, they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation. (6) The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question. (6D) (1) An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies— (a) proceedings at the issue or receipt of postal ballot papers; (b) proceedings at the poll; (c) proceedings at the counting of votes. (2) If the Commission grant the application the organisation may nominate members who may attend the proceedings in question. (3) The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section. (4) An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F. (5) The Commission may at any time revoke the grant of an application under subsection (1). (6) If the Commission— (a) refuse an application under subsection (1), or (b) revoke the grant of any such application, they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation. (7) The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question. (6E) (1) A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D. (2) If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person's entitlement. (3) Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place. (4) A relevant officer is— (a) in the case of proceedings at a polling station, the presiding officer; (b) in the case of any other proceedings at an election, the returning officer; (c) in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A); (d) such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph. (6F) (1) The Commission must prepare a code of practice on the attendance of— (a) representatives of the Commission, (b) accredited observers, and (c) nominated members of accredited organisations, at elections specified in subsection (5) of section 6A and referendums to which Part 7 applies. (2) The code must in particular— (a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission; (b) specify the criteria to be taken into account by the Commission in determining such applications; (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section; (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section; (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission; (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D. (3) The code may make different provision for different purposes. (4) Before preparing the code, the Commission must consult the Secretary of State. (5) The Commission must lay the code before each House of Parliament. (6) The Commission must publish the code (in such manner as the Commission may determine). (7) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E— (a) the Commission; (b) representatives of the Commission; (c) relevant officers (within the meaning of section 6E); (d) relevant counting officers. (8) The Commission may at any time revise the code. (9) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code. (10) In this section— (a) “accredited observer” must be construed in accordance with section 6C; (b) “accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly; (c) “relevant counting officer” must be construed in accordance with section 6A; (d) “representative of the Commission” has the same meaning as in section 6A.

Ballot papers

Ballot paper design

30

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) In rule 19 (the ballot papers)—

• (a) in paragraph (2), omit sub-paragraph (d);

• (b) after paragraph (3) insert—

(4) The Secretary of State may in regulations— (a) prescribe a different form of ballot paper from that in the Appendix; (b) amend or replace the directions as to printing the ballot paper in the Appendix; (c) in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.

• (3) In the Appendix of forms, in the Directions as to printing the ballot paper, after paragraph 2A insert—

(2B) Nothing in paragraph 2 prohibits the face of the ballot paper containing more than one column of numbers, candidates particulars and spaces where the vote is to be marked if the returning officer thinks it is appropriate for the ballot paper to be printed with more than one column, but in such a case each column must be separated by a double vertical rule.

Replacement of counterfoils

31

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) After rule 19 insert—

(19A) (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1). (2) The list shall be in such form as the Secretary of State in regulations prescribes.

• (3) In rule 29 (equipment of polling stations), in paragraph (3), after sub-paragraph (d) insert—

(e) a list consisting of that part of the list prepared under rule 19A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

• (4) In rule 43 (procedure on close of poll)—

• (a) in paragraph (1), after sub-paragraph (d) insert—

(da) the lists prepared under rule 19A, including the parts which were completed in accordance with rule 37(1)(b) and (d) (together referred to in these rules as “the completed corresponding number lists”);

;

• (b) in paragraph (1)(e) omit “the counterfoils of the used ballot papers and”;

• (c) in paragraph (2) for “counterfoils of the used ballot papers and” substitute “ completed corresponding number lists or ”.

• (5) In rule 54 (sealing up of ballot papers), for paragraph (2) substitute—

(2) The returning officer shall not open the sealed packets of— (a) tendered ballot papers, (b) the completed corresponding number lists, (c) certificates as to employment on duty on the day of the poll, or (d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.

• (6) In rule 55 (delivery of documents), in paragraph (1)—

• (a) after sub-paragraph (c) insert—

(ca) the packets of the completed corresponding number lists,

;

• (b) in sub-paragraph (d) omit “counterfoils and”.

• (7) In rule 56 (orders for production of documents)—

• (a) in paragraph (1)(b) for “counterfoils and” substitute “ the completed corresponding number lists or of ”9;

• (b) in paragraph (2) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;

• (c) in paragraph (3) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;

• (d) for paragraph (7) substitute—

(7) The production from proper custody of— (a) a ballot paper purporting to have been used at any election, and (b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).

;

• (e) in paragraph (8) for “counterfoils and” substitute “ the completed corresponding number lists or of ”.

• (8) In rule 57 (retention and public inspection of documents), for paragraph (2) substitute—

(2) The documents mentioned in paragraphs (1) and (1A) except— (a) ballot papers, (b) the completed corresponding number lists, (c) certificates as to employment on duty on the day of the poll, shall be open to public inspection.

• (9) In the Appendix of forms—

• (a) in the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”;

• (b) in the Form of Back of Ballot Paper omit “Note.— The number on the ballot paper is to correspond with that on the counterfoil”.

Photographs on ballot papers: piloting

32

• (1) This section applies if a local authority makes a proposal that an order be made under subsection (2) applying to particular local government elections held in its area.

• (2) The Secretary of State may by order (a pilot order) make provision for the purposes of enabling ballot papers issued at such local government elections as are specified in the order to contain photographs of the candidates.

• (3) A pilot order may include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order.

• (4) The Secretary of State must not make a pilot order unless he first consults the Electoral Commission.

• (5) A pilot order may make provision implementing the local authority's proposal—

• (a) without modification, or

• (b) with such modifications as the Secretary of State and the local authority agree between them.

• (6) If the Secretary of State makes a pilot order—

• (a) he must send a copy of it to the local authority and to the Electoral Commission, and

• (b) the local authority must publish the order in their area in such manner as they think fit.

• (7) A pilot order may be amended or revoked by a further order.

• (8) The Secretary of State may reimburse a returning officer for any expenditure necessarily incurred by him in consequence of the making of a pilot order.

• (9) A local authority is—

• (a) in England, a county council, a district council, a London borough council or the Greater London Authority;

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

• (10) In this section—

• (a) “local government election” must be construed in accordance with section 203(1) of the 1983 Act;

• (b) a reference to the area of a local authority must be construed in accordance with the definition of “local government area” in that subsection.

Evaluation of pilots under section 32

33

• (1) After any elections specified in a pilot order have taken place, the Electoral Commission must prepare a report on the operation of the order.

• (2) The report must contain, in particular—

• (a) a description of the way in which the provision made by the order differed from the provisions which would otherwise have applied to the election or elections;

• (b) a copy of the order;

• (c) an assessment of the success or otherwise of the order in assisting voters to make informed decisions at the election or elections in question;

• (d) an assessment of the success or otherwise of the order in encouraging voting at the election or elections in question;

• (e) an assessment of whether the procedures provided for in the order operated satisfactorily.

• (3) An assessment under subsection (2)(c) must include a statement of whether, in the opinion of the Commission, the inclusion of photographs on the ballot paper—

• (a) assisted voters in marking their papers with a vote for a candidate (or with votes for candidates) for whom they had decided to vote on grounds other than the candidates' appearance;

• (b) resulted in voters being influenced (or more influenced) by the appearance of candidates in deciding for whom to vote.

• (4) An assessment under subsection (2)(d) must include a statement of whether, in the opinion of the Commission, the turnout of voters was higher than it would have been if the order had not applied.

• (5) An assessment under subsection (2)(e) must include a statement of—

• (a) whether the candidates and their agents found the procedures provided for in the order easy to use;

• (b) whether the returning officer found those procedures easy to administer;

• (c) whether those procedures had any effect on the incidence of malpractice (whether or not amounting to an offence) in connection with elections;

• (d) the amount of any increase attributable to those procedures in the resources applied by the authority concerned to the election or elections.

• (6) In making an assessment under subsection (2)(c), (d) or (e), the Commission must also apply such other criteria as are specified in the order in relation to that assessment.

• (7) The local authority must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.

• (8) The assistance may include—

• (a) making arrangements for ascertaining the views of electors about the operation of the provisions of the order;

• (b) reporting to the Commission allegations of electoral offences or other malpractice.

• (9) The Commission must, before the end of the period of three months beginning with the date of the declaration of the result of the election or elections in question, send a copy of the report—

• (a) to the Secretary of State, and

• (b) to the local authority.

• (10) The local authority must publish the report in their area in such manner as they think fit.

• (11) In this section “pilot order” and “the local authority” must be construed in accordance with section 32.

Revision of electoral provisions in the light of pilot schemes

34

• (1) This section applies if the Secretary of State thinks, in the light of a report made under section 33 on the operation of a pilot order under section 32, that it would be desirable for provision similar to that made by the order to apply generally, and on a permanent basis, in relation to—

• (a) parliamentary elections;

• (b) local government elections in England ...;

• (c) any description of election falling within paragraph (a) or (b).

• (2) The Secretary of State may by order make provision for the purposes of enabling ballot papers issued at such elections (mentioned in subsection (1)) as are specified in the order to contain photographs of the candidates.

• (3) The Secretary of State must not make an order under subsection (2) unless he first consults the Electoral Commission.

• (4) An order under subsection (2) may—

• (a) include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order;

• (b) create or extend the application of an offence.

• (5) An order under subsection (2) must not create an offence punishable—

• (a) on conviction on indictment, with imprisonment for a term exceeding one year;

• (b) on summary conviction, with imprisonment for a term exceeding 51 weeks or with a fine exceeding the statutory maximum.

• (6) The power to make an order under subsection (2) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

• (7) The reference to local government elections must be construed in accordance with section 32.

• (8) If an order under subsection (2) is made before the date of commencement of section 281(5) of the Criminal Justice Act 2003, then in relation to any offence committed before that date the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.

• (9) In its application to Scotland and Northern Ireland, the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.

Voting in person

Certain voters entitled to vote in person

35

• (1) Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain) is amended as follows.

• (2) After paragraph 2(5) insert—

(5A) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote— (a) in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or (b) by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

• (3) In paragraph 2(6), omit paragraph (a) and the “or” following it.

• (4) This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).

Certain electoral documents

Translations etc. of certain documents

36

In the 1983 Act, in Part 5, before section 200 (public notices and declarations) insert—

(199B) (1) Subsections (2) and (3) below apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a parliamentary or local government election. (2) The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate— (a) the document in Braille; (b) the document in languages other than English; (c) graphical representations of the information contained in the document; (d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information. (3) The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate. (4) Subsections (2) and (3) above do not apply to— (a) the nomination paper; (b) the ballot paper. (5) The returning officer at a parliamentary election or a local government election may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper. (6) The sample copy mentioned in subsection (5) above— (a) in the case of a parliamentary election or a local government election where only one candidate is to be elected, must have printed the words “VOTE FOR ONE CANDIDATE ONLY” both at the top and immediately below the list of candidates, (b) in the case of a local government election where more than one candidate is to be elected, must have printed the words “VOTE FOR NO MORE THAN [here insert the maximum number of candidates to be elected] CANDIDATES” both at the top and immediately below the list of candidates, and (c) in each case, below the second occurrence of those words, may include a translation of those words into such other languages as the returning officer thinks appropriate. (7) The returning officer at a parliamentary election or a local government election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted. (8) The sample copy mentioned in subsection (7) above must be clearly marked as a specimen provided only for the guidance of voters. (9) In the application of subsection (2)(b) to Northern Ireland any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer. (10) This section does not apply to a local government election in Scotland.

Documents relating to postal voting

37

In Schedule 1 to the 1983 Act, for rule 24 (postal ballot papers) substitute—

(24) (1) The returning officer shall, in accordance with regulations, issue to those entitled to vote by post— (a) a ballot paper; (b) at an election held in England and Wales or Scotland, a postal voting statement in the prescribed form; (c) at an election held in Northern Ireland, a declaration of identity in the prescribed form; together with such envelopes for their return as may be prescribed. (2) The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain— (a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper; (b) a translation into Braille of such directions or guidance; (c) graphical representations of such directions or guidance; (d) the directions or guidance in any other form (including any audible form). (3) The prescribed form shall include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be). (4) In the case of a ballot paper issued to a person resident in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter. (5) In any other case, regulations may provide that the returning officer must so ensure.

Circumstances in which votes may be tendered

Tendered votes

38

• (1) In Schedule 1 to the 1983 Act, in rule 40 (tendered ballot papers), after paragraph (1) insert—

(1ZA) Paragraph (1ZC) applies if — (a) a person applies for a ballot paper representing himself to be a particular elector named on the register, (b) he is also named in the postal voters list, and (c) he claims that he did not make an application to vote by post at the election. (1ZB) Paragraph (1ZC) also applies if— (a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies, (b) he is also named in the proxy postal voters list, and (c) he claims that he did not make an application to vote by post as proxy. (1ZC) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

• (2) After paragraph (1ZC) of that rule (inserted by subsection (1) above) insert—

(1ZD) Paragraph (1ZE) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be— (a) a particular elector named on the register and who is also named in the postal voters list, or (b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list, and claims that he has lost or has not received his postal ballot paper. (1ZE) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

• (3) In section 61 of that Act (certain voting offences), after subsection (6) insert—

(6A) A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

• (4) In section 5 of the Representation of the People Act 1985 (c. 50) (absent voting in Northern Ireland) after subsection (5A) insert—

(5B) Subsection (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

• (5) In section 9 of that Act (voting as proxy in Northern Ireland) after subsection (11) insert—

(11A) Subsection (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

• (6) In Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting in Great Britain)—

• (a) in paragraph 2 (manner of voting at parliamentary or local government elections) after sub-paragraph (6) insert—

(6A) Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

;

• (b) in paragraph 7 (voting as proxy) after sub-paragraph (9) insert—

(10) Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

Offences related to voting

Undue influence

39

• (1) In section 115 of the 1983 Act (offence of undue influence), in subsection (2)(b)—

• (a) after “prevents” insert “ , or intends to impede or prevent, ”;

• (b) after “prevails upon” insert “ , or intends so to compel, induce or prevail upon, ”.

• (2) This section does not have effect in relation to a local government election in Scotland.

Offences relating to applications for postal and proxy votes

40

After section 62 of the 1983 Act (offences as to declarations) insert—

(62A) (1) A person commits an offence if he— (a) engages in an act specified in subsection (2) at a parliamentary or local government election, and (b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property. (2) These are the acts— (a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person); (b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote; (c) inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote; (d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient. (3) In subsection (1)(b), property includes any description of property. (4) In subsection (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be). (5) A person who commits an offence under subsection (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice. (6) This section does not apply to anything done at a local government election in Scotland.

Access to election documents

Control of documents after parliamentary election

41

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended in accordance with subsections (2) to (7).

• (2) In the heading to rule 55 (delivery of documents after poll) for “Clerk of the Crown” substitute “ registration officer ”.47

• (3) In that rule—

• (a) in paragraph (1) for “Clerk of the Crown” substitute “ relevant registration officer ”;

• (b) after paragraph (1) insert—

(1A) In this rule and in rules 56 and 57 references to the relevant registration officer are to— (a) the registration officer of the local authority in whose area the constituency is situated, or (b) if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.

;

• (c) omit paragraphs (2) to (4).

• (4) In rule 56 (orders for production of documents)—

• (a) in each of paragraphs (1), (6) and (8) for “Clerk of the Crown” substitute “ relevant registration officer ”;

• (b) in paragraph (2) for “Clerk of the Crown's” substitute “ relevant registration officer's ”;

• (5) In rule 57 (retention and public inspection of documents)—

• (a) in paragraph (1) for “Clerk of the Crown” substitute “ relevant registration officer ”;

• (b) for paragraph (3) substitute—

(3) The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.

;

• (c) after paragraph (3) insert—

(4) Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list— (a) a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000; (b) a person who was a candidate at the election in relation to the constituency for which he was a candidate. (5) Regulations may impose conditions in relation to— (a) the inspection of any document in pursuance of paragraph (2); (b) the supply of any document or part of a document in pursuance of paragraph (3); (c) the supply of any document or part of a document in pursuance of paragraph (4). (6) Regulations may also make provision— (a) as to the form in which any such document or part is supplied; (b) for the payment of a fee in respect of the supply of a document or part. (7) Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to— (a) whether a person may take any copy of a document he is permitted to inspect; (b) the manner in which any such copy is to be taken; (c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used. (8) Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may— (a) supply that document or part to any other person; (b) disclose to any other person any information contained in the document or part; (c) use any such information for a purpose other than that for which the document or part was supplied to him. (9) Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)— (a) which was supplied to another person in pursuance of paragraph (4), or (b) otherwise than in accordance with regulations under this section.

• (6) For rule 58 (documents in Scotland) substitute—

(58) (1) In the application of rules 55 to 57 to elections in Scotland, the references to the relevant registration officer shall be taken to be references to the relevant sheriff clerk. (2) For the purposes of rule 55 as it applies to elections in Scotland— (a) the documents to be forwarded in accordance with that rule may be forwarded by being— (i) delivered to the relevant sheriff clerk by the returning officer or his agent, or (ii) sent to the relevant sheriff clerk by recorded delivery post, (b) on forwarding the documents, the returning officer must deliver or send to the relevant sheriff clerk along with the documents a letter specifying the number and descriptions of the documents forwarded, and (c) where the documents are forwarded by delivery under sub-paragraph (a)(i) above, the relevant sheriff clerk must, on receipt of the documents, provide the person delivering them with a signed receipt showing the date and time of receipt. (3) In this rule, “relevant sheriff clerk” means— (a) the sheriff clerk of the sheriff court district in which the constituency is situated, or (b) if the constituency comprises any part of the area of more than one sheriff court district, the sheriff clerk of such one of those districts as the Secretary of State may by order appoint.

• (7) For rule 59 (documents in Northern Ireland) substitute—

(59) In the application of rules 55 to 57 to elections for a constituency in Northern Ireland, the references to the relevant registration officer shall be taken to be references to the Clerk of the Crown for Northern Ireland.

• (8) In section 63 of that Act (breach of official duty), in subsection (3)(c) after “responsible after a” insert “ parliamentary or ”.

• (9) After section 66A of that Act (prohibition on publication of exit polls) insert—

(66B) (1) A person is guilty of an offence— (a) if he fails to comply with any conditions imposed in pursuance of regulations under rule 57 of the parliamentary elections rules, or (b) if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps. (2) P is not guilty of an offence under subsection (1) if— (a) he has an appropriate supervisor, and (b) he has complied with all the requirements imposed on him by his appropriate supervisor. (3) A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions. (4) In subsections (1)(b) and (2)— (a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is; (b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions. (5) A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Access to other election documents

42

• (1) The relevant officer must—

• (a) make relevant election documents available for inspection by members of the public;

• (b) supply, on request, copies of or extracts from such description of relevant election documents as is prescribed by regulations.

• (2) In the case of an election other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland, each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—

• (a) a registered party;

• (b) a person who was a candidate at the election in relation to the electoral area for which he was a candidate;

• (c) in the case of an election at which a registered party submits a list of candidates, a person who was appointed as an agent for the candidates on the party's list.

• (3) The Secretary of State may by regulations impose conditions in relation to—

• (a) the inspection of any document in pursuance of subsection (1)(a);

• (b) the supply of any document or part of a document in pursuance of subsection (1)(b);

• (c) the supply of any document or part of a document in pursuance of subsection (2).

• (4) Regulations may also make provision—

• (a) as to the form in which any such document or part is supplied;

• (b) for the payment of a fee in respect of the supply of a document or part.

• (5) Conditions which may be imposed for the purposes of subsection (3)(a) or (b) include conditions as to—

• (a) whether a person may take any copy of a document he is permitted to inspect;

• (b) the manner in which any such copy is to be taken;

• (c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of subsection (1) may be used.

• (6) Conditions which may be imposed for the purposes of subsection (3)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

• (a) supply that document or part to any other person;

• (b) disclose to any other person any information contained in the document or part;

• (c) use any such information for a purpose other than that for which the document or part was supplied to him.

• (7) Regulations may also impose conditions corresponding to those mentioned in subsection (6) in respect of persons who have obtained a document or part of a document mentioned in subsection (2)—

• (a) which was supplied to another person in pursuance of subsection (2), or

• (b) otherwise than in accordance with regulations under this section.

• (8) The power to make regulations under this section—

• (a) is exercisable by the Secretary of State by statutory instrument;

• (b) includes power to make different provision for different purposes.

• (9) The Secretary of State must not make regulations under this section unless he first consults the Electoral Commission.

• (10) No regulations may be made under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Access to other election documents: contravention of regulations

43

• (1) A person is guilty of an offence—

• (a) if he fails to comply with any conditions imposed in pursuance of regulations under section 42, or

• (b) if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.

• (2) P is not guilty of an offence under subsection (1) if—

• (a) he has an appropriate supervisor, and

• (b) he has complied with all the requirements imposed on him by his appropriate supervisor.

• (3) A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.

• (4) In subsections (1)(b) and (2)—

• (a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

• (b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.

• (5) A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Access to other election documents: supplementary

44

• (1) This section applies for the purposes of section 42.

• (2) The relevant officer is—

• (a) in England and Wales, the relevant registration officer;

• (b) in Scotland, the relevant sheriff clerk;

• (c) in Northern Ireland, the Chief Electoral Officer for Northern Ireland.

• (3) The relevant registration officer is—

• (a) the registration officer of the local authority in whose area the election is held, or

• (b) if the election is held in respect of an electoral area which comprises any part of the area of more than one local authority, such registration officer as the Secretary of State by order appoints.

• (4) The relevant sheriff clerk is—

• (a) the sheriff clerk of the sheriff court district in which the election is held, or

• (b) if the election is held in respect of an electoral area which comprises any part of the area of more than one sheriff court district, the sheriff clerk of such of those districts as the Secretary of State by order appoints.

• (5) The relevant election documents are such documents relating to an election (other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland) as the relevant officer is required by or under any enactment to retain for any period except—

• (a) ballot papers;

• (b) completed corresponding number lists;

• (c) certificates as to employment on the day of the election.

• (6) A party is a registered party if it is registered for the purposes of Part 2 of the 2000 Act (registration of political parties).

• (7) An electoral area is—

• (a) in relation to a local government election, an electoral area within the meaning of section 203(1) of the 1983 Act;

• (b) in relation to an election to Senedd Cymru, a Senedd constituency within the meaning of section 2 of the Government of Wales Act 2006 (Senedd constituencies);

• (c) in relation to an election to the Scottish Parliament, a constituency or a region within the meaning of Schedule 1 to the Scotland Act 1998 (c. 46) (constituencies, regions and regional members);

• (d) in relation to an election to the Northern Ireland Assembly, a constituency for the purposes of section 33 of the Northern Ireland Act 1998 (c. 47) (constituencies and numbers of members);

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The marked register is the copy of the register of electors marked in accordance with provision corresponding to rule 37(1)(c) of the parliamentary elections rules.

• (9) A marked copy of the list of proxies is the copy of that list marked in accordance with provision corresponding to rule 37(1)(e) of the parliamentary elections rules.

• (10) A marked copy of the postal voters list or the proxy postal voters list is the copy of that list marked in accordance with provision corresponding to rule 31A(1) of the parliamentary elections rules.

• (11) A completed corresponding number list is a list prepared under provision corresponding to rule 19A of the parliamentary elections rules which is completed in accordance with provision corresponding to rule 37(1)(b) and (d) of those rules.

• (12) Expressions used in this section or section 42 or 43 and in the 1983 Act must (unless the context otherwise requires) be construed in accordance with that Act.

Marked postal voters list

45

• (1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

• (2) After rule 31 (notification of requirement of secrecy) insert—

(31A) (1) Where— (a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or (b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list, the returning officer must mark the list in the prescribed manner. (2) For the purposes of paragraph (1) above, regulations may prescribe the circumstances in which a postal vote or a proxy postal vote (as the case may be) is or is not to be treated as having been returned. (3) Rule 45(1B) and (2) below does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

• (3) In rule 55 (delivery of documents after poll)—

• (a) in paragraph (1)(e) for “of lists of proxies” substitute “ of the postal voters list, of lists of proxies and of the proxy postal voters list ”;

• (b) after paragraph (1)(e) insert—

(f) such other documents relating to elections as are prescribed,

.

Correction of procedural errors

Returning officers: correction of procedural errors

46

• (1) A returning officer for an election to which this section applies may take such steps as he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person, which—

• (a) arises in connection with any function the returning officer or relevant person has in relation to the election, and

• (b) is not in accordance with the rules or any other requirements applicable to the election.

• (2) But a returning officer may not under subsection (1) re-count the votes given at an election after the result has been declared.

• (3) This section applies to—

• (a) a parliamentary election;

• (b) a local government election in England and Wales (within the meaning of the 1983 Act).

• (4) These are the relevant persons—

• (a) an electoral registration officer;

• (b) a presiding officer;

• (c) a person providing goods or services to the returning officer;

• (d) a deputy of any person mentioned in paragraph (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function he has in relation to the election.

• (5) Subsections (1) to (4) must be construed as part of the Representation of the People Acts.

• (6) In section 63 of the 1983 Act (breach of official duty), after subsection (3) insert—

(4) Where— (a) a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but (b) he remedies that act or omission in full by taking steps under subsection (1) of that section, he shall not be guilty of an offence under subsection (1) above. (5) Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

Miscellaneous amendments

Miscellaneous amendments of the 1983 Act

47

Part 5 of Schedule 1 (which contains miscellaneous amendments of the 1983 Act relating to the conduct of elections) has effect.

Part 7 — Regulation of parties

Registration of parties

Registered names of parties

48

In section 28 of the 2000 Act (registration of parties), after subsection (4)(d) insert—

(da) would be likely, were it to appear on a ballot paper issued at an election— (i) to result in an elector being misled as to the effect of his vote, or (ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,

.

Political party descriptions

49

• (1) In the 2000 Act after section 28 (registration of parties) insert—

(28A) (1) A party's application under section 28 may include a request for the registration of up to 12 descriptions to be used on nomination papers or ballot papers. (2) Where a request is made by a party under this section in relation to a description, the Commission shall register the description as a description of the party unless it is of more than six words in length or in their opinion it— (a) would be the same as the name of a party or the registered description of a party which (in either case) is already registered in the register in which that party is applying to be registered, (b) would be likely to result in electors confusing that party with another party which is already registered in respect of the relevant part of the United Kingdom, (c) is obscene or offensive, (d) is of such a character that its publication would be likely to amount to the commission of an offence, (e) would be likely, were it to appear on a ballot paper issued at an election— (i) to result in an elector being misled as to the effect of his vote, or (ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere, (f) includes any script other than Roman script, or (g) includes a word or expression prohibited by order made by the Secretary of State. (3) In subsection (2)(b) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5). (4) An order under subsection (2)(g) may except the use of a word or expression from the prohibition in specified circumstances. (5) In the application of subsection (2) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is applying to be registered, for “it is of more than six words in length” substitute “ its length exceeds six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language ”. (6) The Secretary of State may, by order, substitute for the number “12” in subsection (1) such other number as he thinks appropriate. (7) An order under subsection (2)(g) or (6) must not be made unless the Secretary of State first consults the Commission. (28B) (1) Two or more parties which are registered under section 28 above in the same register may apply to the Commission to register a description for use by a candidate standing in the name of both or all of the parties jointly. (2) The following provisions of section 28A apply to an application under this section as they apply to an application under that section— (a) subsections (2) to (5); (b) subsection (7), so far as it relates to subsection (2)(g). (3) Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a description mentioned in subsection (1) above as they apply to a description to which section 28A applies; and for the purposes of such application— (a) any reference to a party in section 30 (except in relation to an application to remove a description under subsection (1)(bb) of that section) must be construed as a reference to the parties mentioned in subsection (1) above acting jointly, (b) section 30(4A)(a) must be taken to read “the parties already have a description registered in pursuance of section 28B above”, and (c) the requirement in paragraph 9 of Schedule 4 for an application under section 30 to be signed by the responsible officer of a party must be taken to be a requirement for the application to be signed by a responsible officer of each party which joins in the application.

• (2) In section 30 of that Act (changes to the register)—

• (a) in subsection (1), after paragraph (ba) insert—

(bb) the addition, alteration, substitution or removal of a description,

;

• (b) in subsection (2) for “(6)” substitute “ (6A) ”;

• (c) in subsection (4) after paragraph (a) insert

or (“) such confusion in relation to a registered description of the party as is mentioned in paragraph (b) of section 28A(2),

;

• (d) after subsection (4) insert—

(4A) The Commission shall refuse an application to add a description if— (a) the party already has 12 descriptions (or such other maximum number of descriptions as is substituted by order under section 28A(6)), (b) the length of the description exceeds six words, or (c) in the Commission's opinion, any of paragraphs (a) to (g) of section 28A(2) apply to the description. (4B) The Commission shall refuse an application to alter a description if the effect of the alteration— (a) is that the length of the description as altered will exceed six words, or (b) in their opinion, is that any of paragraphs (a) to (g) of section 28A(2) will apply to the description as altered. (4C) The Commission shall refuse to substitute a description if— (a) the length of the new description will exceed six words, or (b) in their opinion any of paragraphs (a) to (g) of section 28A(2) apply to the new description. (4D) In the application of subsection (4A)(b), (4B)(a) or (4C)(a) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is registered, for “six words” substitute “ six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language ”.

;

• (e) after subsection (6) insert—

(6A) If an application under this section for the substitution or removal of a description is granted at any time between— (a) the date of publication of the notice of election at an election in which there are one or more candidates standing in the name of the party, and (b) the poll at the election, the change does not take effect until the day following the poll.

• (f) in subsection (7), after “subsection (3)” insert “ (4A), (4B), (4C), ”;

• (g) in subsection (7), after paragraph (a) insert

or (aa) section 28A(2)(a) and section 28(5) as it applies by virtue of section 28A(3), or (ab) section 28A(2)(a) as it applies by virtue of section 28B(2),

.

• (3) In Schedule 1 to the 1983 Act (parliamentary elections rules) in rule 6A, after paragraph (1) insert—

(1A) In paragraph (1) above an authorised description may be either— (a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000, or (b) a description of the party registered under section 28A of that Act. (1B) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the constituency and the description is a registered description authorised by a certificate— (a) issued by or on behalf of the registered nominating officer of each of the parties, and (b) received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1. (1C) For the purposes of paragraph (1B), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

Confirmation of registered particulars

50

• (1) Section 32 of the 2000 Act (confirmation of registered particulars) is amended as follows.58

• (2) In subsection (1), for the words from “at the time when” to “Part III” substitute “ within the specified period ”.

• (3) After that subsection insert—

(1A) In subsection (1), “the specified period” means the period— (a) beginning on the first day of the period within which the statement of accounts for any financial year of the party is required to be delivered to the Commission by virtue of section 45, and (b) ending six months after the last day of that period.

Removal from register of registered parties

51

• (1) Section 33 of the 2000 Act (party ceasing to be registered) is amended as follows.

• (2) In subsection (1) after “subsection (2)” insert “ or (2A) ”.

• (3) After subsection (2) insert—

(2A) Where the Commission does not receive a notification required by virtue of section 32(1) or 34(3) on or before the specified day, the Commission shall remove the party's entry from the register. (2B) In subsection (2A) “the specified day” means— (a) in relation to a notification required by virtue of section 32(1), the last day of the specified period for the purposes of that subsection; (b) in relation to a notification required by virtue of section 34(3), the day which falls six months after the relevant anniversary of the party's inclusion in the register. (2C) In subsection (2B)(b), “relevant anniversary” means the anniversary in relation to which the notification is required to be given by virtue of section 34(3).

• (4) In subsection (3) for “the party's entry from the register” substitute “ a party's entry from the register by virtue of subsection (2) or (2A) ”.

• (5) In subsection (4) for the words from “the end” to the first reference to “the register” substitute “ the relevant time ”.

• (6) After subsection (4) insert—

(4A) In subsection (4), “the relevant time” means— (a) if— (i) the party's entry is removed by virtue of subsection (2), and (ii) its gross income or total expenditure in its financial year preceding the year in which the entry is removed is £25,000 or more, the end of the financial year of the party which follows that in which the entry is removed; (b) otherwise, the end of the financial year of the party in which the entry is removed.

• (7) In subsection (5) for “under this section” substitute “ under subsection (2) ”.

Time for registration of parties fielding candidates

52

• (1) In Schedule 1 to the 1983 Act, rule 6A (nomination papers: name of registered political party) is amended in accordance with subsections (2) and (3).

• (2) In paragraph (3)—

• (a) in sub-paragraph (a), for the words from “at the time” to the end substitute “ on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election; ”;

• (b) in sub-paragraph (b), for “at the relevant time” (in both places) substitute “ on the relevant day ”.

• (3) After paragraph (3) insert—

(4) For the purposes of paragraph (3)(a) any day falling within rule 2(1) shall be disregarded.

• (4) Section 22 of the 2000 Act (parties to be registered in order to field candidates at elections) is amended in accordance with subsections (5) and (6).

• (5) In subsection (2)—

• (a) in paragraph (a), for “on the last day for publication of notice of the election” substitute “ on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election ”;

• (b) in paragraph (b), for “on that day” substitute “ on the relevant day ”.

• (6) After that subsection insert—

(2A) For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 shall be disregarded.

Accounting requirements

Requirements as to statements of account

53

• (1) Section 42 of the 2000 Act (annual statement of accounts) is amended as follows.

• (2) In subsection (4) for paragraph (a) substitute—

(a) according to which of the following bands the gross income or total expenditure of a party falls within— (i) not exceeding £25,000; (ii) exceeding £25,000 but not £100,000; (iii) exceeding £100,000 but not £250,000; (iv) exceeding £250,000;

.

• (3) After that subsection insert—

(4A) The Secretary of State may by order amend subsection (4)(a) by varying the number of bands set out in it. (4B) The Secretary of State may not make an order under subsection (4A) except to give effect to a recommendation of the Commission.

• (4) The amendments made by this section have effect in relation to any financial year of a registered party which ends after the coming into force of this section.

Time for delivery of unaudited accounts to Electoral Commission

54

In section 45 of the 2000 Act (delivery of statement of accounts etc. to Commission), in subsection (1) for “3 months” substitute “ 4 months ”.

Control of donations

Policy development grants to be donations

55

In section 52 of the 2000 Act (payments, services etc. not to be regarded as donations), in subsection (1) omit paragraph (a).

Exemption from requirement to prepare quarterly donation reports

56

• (1) After section 62 of the 2000 Act (quarterly donation reports) insert—

(62A) (1) This section applies if each of four consecutive donation reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 62 contains— (a) in the case of a party without accounting units, a statement under subsection (10) of that section, or (b) in the case of a party with accounting units, statements under subsection (10) of that section in relation to the central organisation of the party and each of its accounting units. (2) The treasurer is not required to prepare any further donation reports in pursuance of subsection (1) of that section until a recordable donation— (a) is accepted by the registered party, or (b) is dealt with by the registered party in accordance with section 56(2). (3) A recordable donation is a donation which is required to be recorded by virtue of any of subsections (4) to (9) of section 62 (including those subsections as applied by subsection (11) of that section). (4) If a recordable donation is accepted or (as the case may be) dealt with in accordance with section 56(2), nothing in this section affects the operation of section 62 in relation to— (a) the reporting period in which the recordable donation is so accepted or dealt with, or (b) any subsequent reporting period which falls before the time (if any) when this section again applies in relation to the party. (5) In this section, “donation report” and “reporting period” have the same meaning as in section 62.

• (2) Section 62A of the 2000 Act (as inserted by subsection (1) above) applies only if the last of the reports mentioned in subsection (1) of that section relates to a period which falls wholly or partly after the commencement of this section (but it is immaterial whether any of the other reports relate to such a period).

Repeal of section 68 of the 2000 Act

57

Section 68 of the 2000 Act (reporting of multiple small donations) is omitted.

Register of donations to include details of nature of donation

58

In section 69 of the 2000 Act (register of recordable donations), in subsection (2), after paragraph (a) insert—

(aa) whether the donation is in the form of sponsorship (within the meaning of section 51);

.

Reporting donations to holders of certain elective offices

59

• (1) Schedule 7 (control of donations to individuals and members associations) to the 2000 Act is amended as follows.

• (2) In paragraph 10, after sub-paragraph (7) insert—

(8) This paragraph does not apply to a donation received by a holder of a relevant elective office unless he is not a member of a registered party and is ...a member of a local authority in Scotland. (9) For the purposes of sub-paragraph (8), it is immaterial whether the donation is made to the holder of the relevant elective office in that capacity or in his capacity as a member of a registered party.

• (3) In Part 5 of the Schedule, after paragraph 15 insert—

(15A) (1) This paragraph applies in relation to donations received by a holder of a relevant elective office if— (a) the relevant body has in place arrangements requiring the holder of the office to report such donations, and (b) the Commission think that the arrangements correspond to the requirements of paragraph 10. (2) The Commission must make such arrangements as they think appropriate corresponding to section 69 as modified in pursuance of paragraph 15(3) to maintain a register of such information as they receive relating to such donations. (3) In sub-paragraph (1)(a) a relevant body is— (a) if the holder of a relevant elective office is a member of a body mentioned in paragraphs (a) to (f) of paragraph 1(8), that body; (b) if the holder of a relevant elective office is the Mayor of London, the London Assembly; (c) if the holder of a relevant elective office is an elected mayor within the meaning of Part 2 of the Local Government Act 2000, the local authority of which he is the mayor.

• (4) The Secretary of State must not make an order under section 77 for the purposes of this section as it applies to the holders of a relevant elective office unless he is informed by the Commission that they are satisfied that they will receive the information mentioned in paragraph 15A(2) of that Schedule (as inserted by subsection (3) above) in relation to such holders of relevant elective office.

• (5) In subsection (4) references to the holder of a relevant elective office must be construed in accordance with Schedule 7 to the 2000 Act.

Northern Ireland: disapplication of Part 4 of the 2000 Act

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Regulation of loans etc.

Regulation of loans etc.

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• (1) After Part 4 of the 2000 Act (control of donations to registered parties and their members) insert—