Political Parties and Elections Act 2009

In section 90ZA (meaning of “election expenses”), for subsection (5) there is substituted—

(5) A reference in this Part of this Act to a candidate at an election, in relation to election expenses, includes (where the context allows) a reference to a person who becomes a candidate at the election after the expenses are incurred.

8

• (1) Schedule 1 (parliamentary elections rules) is amended as follows.

• (2) In rule 6 (nomination of candidates), in paragraph (2)(a), after “names,” there is inserted “ and ”.

• (3) In rule 9 (deposit), in paragraph (3), for “rule 6(1)” there is substituted “ rule 6(4) ”.

• (4) In rule 14 (publication of statement of persons nominated), in paragraph (2), after “nomination papers” there is inserted “ and home address forms ”.

• (5) In rule 14A (correction of minor errors)—

• (a) in paragraph (1), after “nomination paper” there is inserted “ or home address form ”;

• (b) in paragraph (2), after sub-paragraph (b) there is inserted —

(c) in the home address form, errors as to the information mentioned in rule 6(5)(b).

• (6) In the Appendix of forms—

• (a) in the Form of nomination paper, in the first table following the words “candidate at the said election”, the final column (home address) is omitted;

• (b) in the Form of Front of Ballot Paper, for the address after “Richard Edgbaston” there is substituted— “ (address in the Birmingham Northfield Constituency) ”;

• (c) in the directions as to printing the ballot paper, in paragraph 3(b), after “address” there is inserted “ (or the constituency in which that address is situated) ”.

Political Parties, Elections and Referendums Act 2000 (c. 41)

9

In section 1 (establishment of the Electoral Commission), in subsection (5) (appointment of chairman), after “in accordance with section 3” there is inserted “ but subject to section 3A(6) ”.

10

In section 3 (appointment of Electoral Commissioners and Commission chairman), in subsection (4) (political restrictions), for “A person may not be appointed” there is substituted “ Subject to subsection (4A), a person may not be appointed ”.

11

In section 15 (Deputy Electoral Commissioners), in subsection (3) (Deputy Electoral Commissioner must be eligible for appointment as Electoral Commissioner), for the words after “he is” there is substituted “ prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner ”.

12

In section 54 (permissible donors), in subsection (1)(b), for “that person” there is substituted “ the person offering the donation ”.

13

• (1) In section 55 (payments etc which are (or are not) to be treated as donations by permissible donors), at the end of subsection (2) there is inserted— “ But such a payment shall not be regarded as a donation for the purposes of section 54A or paragraph 6A of Schedule 7. ”

• (2) In that section as amended by sub-paragraph (1) above—

• (a) after “section 54A” there is inserted “ or 54B ”;

• (b) after “paragraph 6A” there is inserted “ or 6B ”.

14

In section 56 (acceptance or return of donations: general), in subsection (5)—

• (a) in paragraph (a), for “paragraph (a) or (b)” there is substituted “ paragraph (a), (aa) or (b) ”;

• (b) in paragraph (b)(i), for “subsection (2)(a)” there is substituted “ subsection (2)(a) or (aa) ”.

15

In section 58 (forfeiture of donations made by impermissible or unidentifiable donors), in subsection (1)(a) (donations that may not be accepted), for “section 54(1)(a) or (b)” there is substituted “ section 54(1)(a), (aa) or (b) ”.

16

In section 62 (quarterly donation reports), in subsection (9) (donation report to record donations that may not be accepted), for “section 54(1)(a) or (b)” there is substituted “ section 54(1)(a), (aa) or (b) ”.

17

In section 65 (submission of donation reports to Commission), in subsection (4) (offence of failing to comply with reporting requirements), for “the recording of donations in such a report” there is substituted “ the information to be given in such a report ”.

18

In section 67 (weekly donation reports in connection with elections other than general elections), in subsection (1)(c) (application of section 147 with modifications), for “section 147” there is substituted “ an order under paragraph 16 of Schedule 19C ”.

19

In section 71H (authorised participants), after subsection (3) there is inserted—

(3ZA) For the purposes of subsection (3), any reference to a donation in section 54(2ZB) is to be read as a reference to a regulated transaction.

20

In section 71U (weekly donation reports in connection with elections other than general elections), in subsection (1)(c) (application of section 147 with modifications), for “section 147” there is substituted “ an order under paragraph 16 of Schedule 19C ”.

21

In the heading to Part 9, after “companies” there is inserted “ and unincorporated associations ”.

22

In section 145 (function of Commission with respect to compliance with controls imposed by 2000 Act etc), in subsection (7) (definitions), for “and sections 146 and 148” there is substituted “ , section 148 and Schedule 19B ”.

23

In section 148 (general offences), in subsection (1) (offence of tampering with or hiding documents etc), for the words after paragraph (b) there is substituted “ any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of Schedule 19B, and does so with the intention of falsifying the document or enabling any person to evade any of the provisions of this Act. ”

24

In section 149 (inspection of Commission's registers etc), in subsection (1), after paragraph (d) there is inserted—

(e) paragraph 19 of Schedule 7; (f) paragraph 7 of Schedule 19A.

25

In section 156 (orders and regulations), in subsection (2), for “subsections (3) and (4)” there is substituted “ subsections (3) to (4A) ”.

26

In section 160 (general interpretation), in subsection (1) (definitions), at the appropriate places there are inserted—

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

;

“restriction” includes prohibition;

.

27

• (1) Schedule 1 (the Electoral Commission) is amended as follows.

• (2) In paragraph 3 (term of office etc of Electoral Commissioners)—

• (a) in sub-paragraph (3) (circumstances in which Electoral Commissioner ceases to hold office), for “An Electoral Commissioner” there is substituted “ Subject to sub-paragraph (3A), an Electoral Commissioner ”;

• (b) after that sub-paragraph there is inserted—

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

• (3) In paragraph 7 (Assistant Electoral Commissioners), in sub-paragraph (2) (Assistant Electoral Commissioner must be eligible for appointment as Electoral Commissioner), for the words after “he is” there is substituted “ prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner ”.

• (4) In paragraph 11 (staff)—

• (a) sub-paragraphs (2) and (4) (which are superseded by the provision made by section 7(2) above) are omitted;

• (b) in sub-paragraph (3), for “sub-paragraph (4)” there is substituted “ paragraph 11A(4) ”.

28

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

• (2) In sub-paragraph (1)(b) of paragraph 6 (prohibition on accepting donations from impermissible donors), for “that person” there is substituted “ the person offering the donation ”.

• (3) In sub-paragraph (2) of paragraph 8 (acceptance or return of donations), for “section 56(3) and (4)” there is substituted “ section 56(3), (3B) and (4) ”.

29

• (1) Schedule 11 (control of donations to recognised third parties) is amended as follows.

• (2) In paragraph 4 (payments etc not to be regarded as donations), at the end there is inserted—

(3) Any payment out of public funds shall not be regarded as a donation for the purposes of paragraph 6A.

• (3) In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2) above), after “paragraph 6A” there is inserted “ or 6B ”.

• (4) In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations), for “section 56(3) and (4)” there is substituted “ section 56(3), (3B) and (4) ”.

30

• (1) Schedule 15 (control of donations to permitted participants) is amended as follows.

• (2) In paragraph 4 (payments etc not to be regarded as donations)—

• (a) sub-paragraph (1)(a) is omitted;

• (b) at the end there is inserted—

(3) Any payment out of public funds shall not be regarded as a donation for the purposes of paragraph 6A. (4) For all other purposes of this Schedule, such a payment shall not be regarded as a donation unless it is a grant provided to a designated organisation by virtue of section 110(2).

• (3) In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2)(b) above), after “paragraph 6A” there is inserted “ or 6B ”.

• (4) In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations), for “section 56(3) and (4)” there is substituted “ section 56(3), (3B) and (4) ”.

31

In Schedule 20 (penalties), in the entry for section 56(3) or (4), for “(3) or (4)” there is substituted “ (3), (3B) or (4) ”.

SCHEDULE 7

Compliance with controls imposed by the 2000 Act etc

Investigatory powers of Commission

Number of Electoral Commissioners

Political restrictions on Electoral Commissioners and staff

Declaration as to source of donation

Declaration as to source of donation

Non-resident donors etc

Non-resident lenders etc

“Reasonable excuse” in relation to certain offences under the 2000 Act

Reports of gifts received by unincorporated associations making political contributions

Reports of gifts received by unincorporated associations making political contributions

Reports of gifts received by unincorporated associations making political contributions

Limitation of pre-candidacy election expenses for certain general elections

Disposal of election documents in Scotland

Returning officers for elections to the European Parliament

Election falling within canvass period

Amendments and repeals

Filling vacant European Parliament seats in Northern Ireland

Amendments and repeals

Money

Schemes for provision of data to registration officers

Amendments and repeals

Schedule 7 to the 2000 Act (control of donations to individuals and members associations)

Schedule 11 to the 2000 Act (control of donations to recognised third parties)

Schedule 15 to the 2000 Act (control of donations to permitted participants)

Schedule 20 to the 2000 Act (penalties)

Schedule 7 to the 2000 Act (control of donations to individuals and members associations)

Schedule 11 to the 2000 Act (control of donations to recognised third parties)

Schedule 15 to the 2000 Act (control of donations to permitted participants)

Schedule 20 to the 2000 Act (penalties)

Representation of the People Act 1983 (c. 2)

Political Parties, Elections and Referendums Act 2000 (c. 41)

Editorial notes

[^c1983909]: S. 1 partly in force; s. 1(1)(3) in force at Royal Assent see s. 43(5)

[^c2034520]: S. 13 wholly in force at 1.1.2010; s. 13 not in force at Royal Assent see s. 43(1); s. 13 in force at 1.1.2010 by S.I. 2009/3084, art. 4(b) (with art. 5)

[^c2034521]: S. 14 wholly in force at 1.1.2010; s. 14 not in force at Royal Assent see s. 43(1); s. 14 in force at 1.1.2010 by S.I. 2009/3084, art. 4(c) (with art. 6)

[^c2034522]: S. 16 wholly in force at 1.1.2010; s. 16 not in force at Royal Assent see s. 43(1); s. 16 in force at 1.1.2010 by S.I. 2009/3084, art. 4(e) (with art. 6)

[^c2034496]: S. 23 wholly in force at 4.9.2009; s. 23 not in force at Royal Assent see s. 43(1); s. 23 in force at 4.9.2009 by S.I. 2009/2395, art. 2(a) (with art. 3)

[^c2034499]: S. 24 wholly in force at 4.9.2009; s. 24 not in force at Royal Assent see s. 43(1); s. 24 in force at 4.9.2009 by S.I. 2009/2395, art. 2(b) (with art. 3)

[^c1983920]: S. 39 partly in force; s. 39 in force for certain purposes at Royal Assent see s. 43(5); s. 39 in force for certain purposes at 4.9.2009 by S.I. 2009/2395, art. 2(c) (with art. 3); for certain purposes at 25.11.2009 and 1.1.2010 by S.I. 2009/3084, arts. 3(b)(c)(d), 4(i)

[^c2034538]: S. 43(1)(2)(b) power partly exercised: 4.9.2009 appointed for specified provisions by {S.I. 2009/2395}, art. 2 (with transitional provisions in art. 3); different dates appointed for specified provisions by {S.I. 2009/3084}, arts. 3, 4 (with arts. 5, 6)

[^c2034505]: Sch. 6 para. 1 wholly in force at 4.9.2009; Sch. 6 para. 1 not in force at Royal Assent see s. 43(1); Sch. 6 para. 1 in force at 4.9.2009 by S.I. 2009/2395, art. 2(d) (with art. 3)

[^c2034506]: Sch. 6 para. 2 wholly in force at 4.9.2009; Sch. 6 para. 2 not in force at Royal Assent see s. 43(1); Sch. 6 para. 2 in force at 4.9.2009 by S.I. 2009/2395, art. 2(d) (with art. 3)

[^c2034507]: Sch. 6 para. 3 wholly in force at 4.9.2009; Sch. 6 para. 3 not in force at Royal Assent see s. 43(1); Sch. 6 para. 3 in force at 4.9.2009 by S.I. 2009/2395, art. 2(d) (with art. 3)

[^c2034508]: Sch. 6 para. 4 wholly in force at 4.9.2009; Sch. 6 para. 4 not in force at Royal Assent see s. 43(1); Sch. 6 para. 4 in force at 4.9.2009 by S.I. 2009/2395, art. 2(d) (with art. 3)

[^c2034509]: Sch. 6 para. 5 wholly in force at 4.9.2009; Sch. 6 para. 5 not in force at Royal Assent see s. 43(1); Sch. 6 para. 5 in force at 4.9.2009 by S.I. 2009/2395, art. 2(d) (with art. 3)

[^c2034510]: Sch. 6 para. 8 wholly in force at 4.9.2009; Sch. 6 para. 8 not in force at Royal Assent see s. 43(1); Sch. 6 para. 8 in force at 4.9.2009 by S.I. 2009/2395, art. 2(d) (with art. 3)

[^c1983963]: Sch. 7 partly in force; Sch. 7 in force for certain purposes at Royal Assent see s. 43(5); Sch. 7 in force for certain purposes at 4.9.2009 by S.I. 2009/2395, art. 2(e) (with art. 3); for certain purposes at 25.11.2009 and 1.1.2010 by S.I. 2009/3084, arts. 3(d), 4(k)

[^key-49fc3ac509bd1e0bebd33382c4e9339e]: S. 12 in force at 1.1.2010 by S.I. 2009/3084, art. 4(a)

[^key-77fb84f0a50740efbfaefaf09a259e44]: S. 15 in force at 1.1.2010 by S.I. 2009/3084, art. 4(d)

[^key-701944c3f6d1f29603cb97a5b223eec8]: S. 17 in force at 1.1.2010 by S.I. 2009/3084, art. 4(f)

[^key-14cd2e1712d4ce37d20b112068fcc658]: S. 18 in force at 1.1.2010 by S.I. 2009/3084, art. 4(g)

[^key-c1aa8abf415a09665e68244d56f0130a]: S. 20 in force at 1.1.2010 by S.I. 2009/3084, art. 4(h)

[^key-710e9016a615c55329a2d1182831a19b]: Sch. 6 para. 24 in force at 1.1.2010 by S.I. 2009/3084, art. 4(j)

[^key-7aa06b98a58bfae58cc60f932753b013]: S. 25 in force at 26.3.2010 by S.I. 2010/969, art. 2(a) (with art. 3)

[^key-10526fe5454eedd4179b95ff0b1f83a8]: S. 39 in force at 26.3.2010 for specified purposes by S.I. 2010/969, art. 2(b) (with art. 3)

[^key-0eb5b20e62ce644c549978daf85344c2]: Sch. 7 in force at 26.3.2010 for specified purposes by S.I. 2010/969, art. 2(c) (with art. 3)

[^key-c605663f4318d18e91197ae43158ebbe]: Act: certain functions made exercisable concurrently (18.8.2010) by Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

[^key-a99fa7951a0646f940df21d6085f377f]: S. 6 in force at 1.10.2010 by S.I. 2010/2409, art. 2

[^key-1d35f6c760c46007f47b1b6bc60e3bd9]: S. 2 in force at 1.12.2010 by S.I. 2010/2866, art. 3(b) (with art. 5)

[^key-3bc9f3eaf0817c974bcc1b3a98188243]: S. 3 in force at 1.12.2010 by S.I. 2010/2866, art. 3(c) (with art. 6)

[^key-4858f0d904dd733439ce14c9ab325503]: S. 39 in force at 1.12.2010 for specified purposes by S.I. 2010/2866, art. 3(d)

[^key-da7456d7f9691d6f776c0809bcbd962b]: Sch. 1 in force at 1.12.2010 by S.I. 2010/2866, art. 3(e) (with art. 5)

[^key-bd856f24c63fabf073cfbfe9da370e17]: Sch. 2 in force at 1.12.2010 by S.I. 2010/2866, art. 3(f) (with art. 6)

[^key-23c9ee6c9332068a7c15a920efc7e8ed]: Sch. 6 para. 22 in force at 1.12.2010 by S.I. 2010/2866, art. 3(g)

[^key-d1a4f7f5c6afbbf7d116b1701d45e909]: Sch. 6 para. 23 in force at 1.12.2010 by S.I. 2010/2866, art. 3(g)

[^key-2f946712baa4fcedba9f34330ec789e5]: Sch. 6 para. 25 in force at 1.12.2010 by S.I. 2010/2866, art. 3(g)

[^key-405112979d10191214b6b9e9c0eb3f25]: Sch. 6 para. 26 in force at 1.12.2010 by S.I. 2010/2866, art. 3(g)

[^key-a9d7a95e8bfdf4f5b2bffac580ae5331]: Sch. 7 in force at 1.12.2010 for specified purposes by S.I. 2010/2866, art. 3(h) (with art. 5)

[^key-5801cc1fcc174100e559f94b8df7520f]: S. 8 in force at 1.1.2011 by S.I. 2010/2866, art. 4(a)

[^key-3550c585a510ab05eeadde050dd2e60f]: S. 39 in force at 1.1.2011 for specified purposes by S.I. 2010/2866, art. 4(f)

[^key-e98333e6a896a996be32878f8d891237]: Sch. 7 in force at 1.1.2011 for specified purposes by S.I. 2010/2866, art. 4(g)

[^key-2b735fc03e2eeea2f082b6d36ffa703c]: S. 29 repealed (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 23(2), 27(1); S.I. 2013/702, art. 3(e)

[^key-30dbc6943c6569ffa69025a437b2feb5]: S. 1(2) omitted (23.5.2014) by virtue of Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 38(5), 45(1)(b)(vi); S.I. 2014/1236, art. 2(1)(i)

[^key-922799aaa5220d07930fc3fd60b655a3]: S. 23(1) repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

[^key-03d3c929c5efb415075f32c05d22881a]: Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

[^key-7dcc04df8506425322ff785889825450]: Ss. 35, 36 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(c) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

[^key-3ecbc04548a938dc9614be8a74c9dd1f]: S. 37 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(d) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

[^key-bb582274ccb3e3e696ecaaacae22abc7]: Act functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1(n) (with art. 9)

[^key-74fbedb05bba6f97f08b9ac4937b8bff]: Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(o) (with arts. 3(2), 6, 12)

[^key-c6274913fb1a78128c4b0a875c4ef901]: Act functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 45, Sch. 1 para. 6

[^key-7b685fc20b1add2fe7957867b163cfc5]: S. 26 repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-070e080ba19fad13ee6eea9814c0213d]: S. 27 repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-30c56eddb6f5486c302f11c5d501d1f0]: S. 42(2) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^M_F_8198be41-5fa7-4c94-f3ed-5d416e020c7b]: S. 38A repealed (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 20

[^key-6d9fb41254dd7674190a7de8ce2a04f1]: Words in s. 40 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Non-resident donors etc

Non-resident lenders etc

Defence to charge of failing to return donation from impermissible donor

Control of donations to members associations: responsible persons

Increased thresholds in relation to donations etc

Candidate at parliamentary election may withhold home address from publication

Election expenses: guidance by Commission

Disposal of election documents in Scotland

Returning officers for elections to the European Parliament

Establishment of corporation sole to be CORE keeper

Provision supplementing section 33

Amendments and repeals

38A

See the Chancellor of the Duchy of Lancaster Order 2015, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Chancellor of the Duchy of Lancaster.

Compliance with controls imposed by the 2000 Act etc

Civil sanctions

Number of Electoral Commissioners

Political restrictions on Electoral Commissioners and staff

Declaration as to source of donation

Non-resident donors etc

Non-resident lenders etc

“Reasonable excuse” in relation to certain offences under the 2000 Act

Control of donations to members associations: responsible persons

Control of loans etc to members associations: responsible persons

Election expenses: guidance by Commission

Candidate at parliamentary election may withhold home address from publication

Returning officers for elections to the European Parliament

Establishment of corporation sole to be CORE keeper

Provision supplementing section 33

Election falling within canvass period

Use of CORE information

39

Schedules 6 (minor and consequential amendments) and 7 (repeals) have effect.

Short title

Transitional provision

Short title