Recall of MPs Act 2015

• (b) for the note marked “‡” substitute “‡Except in a general election insert here (as applicable): “ as a result of a successful recall petition under the Recall of MPs Act 2015 ” or “in the place of [A.B.], deceased” or otherwise, stating the cause of vacancy.”

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

2

PPERA 2000 is amended as follows.

3

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

• (2) In section 5 (reports on elections and referendums)—

• (a) in the heading, for “and referendums” substitute “ , referendums etc ”;

• (b) after subsection (3), insert—

(4) After the end of a recall petition period (within the meaning of Schedule 3 to the Recall of MPs Act 2015), the Commission must prepare and publish (in such manner as the Commission may determine) a report on the actions taken, or not taken, under or by virtue of that Act in relation to the recall petition in question after the giving of the Speaker's notice under section 5 of that Act in relation to that petition.

• (3) In section 6 (reviews of electoral and political matters)—

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

(ba) such matters relating to recall petitions as the Commission may so determine;

;

• (b) in subsection (3), after paragraph (b) insert—

(ba) how a member of the House of Commons becomes subject to a recall petition process under sections 1 to 5 of the Recall of MPs Act 2015;

;

• (c) in subsection (3)(c), for “and (b)” substitute “ to (ba) ”;

• (d) in subsection (4), for “or referendums” (in both places) substitute “ , referendums or recall petitions ”.

• (4) In section 6A(1) (attendance of representatives of Commission at elections etc), after paragraph (b) insert—

(c) proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.

• (5) In section 6F (code of practice on attendance of observers at elections etc), after subsection (1) insert—

(1A) The code must also cover the attendance of representatives of the Commission at proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.

• (6) In section 7(2) (Commission to be consulted on changes to electoral law), after paragraph (j) insert—

(k) regulations under section 9(5) or 18 of the Recall of MPs Act 2015 (wording of the recall petition signing sheet and the conduct of a recall petition etc).

• (7) In section 10(3)(a) (giving of advice and assistance), omit the “and” at the end of sub-paragraph (iv) and after sub-paragraph (v) insert—

(vi) petition officers in relation to recall petitions, and (vii) accredited campaigners within the meaning of Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);

.

• (8) In section 21 (interpretation of Part 1), make the existing provision subsection (1) and after that subsection insert—

(2) In this Part, “petition officer” and “recall petition” have the same meaning as in the Recall of MPs Act 2015 (see section 22 of that Act).

• (9) In Schedule 1 (the Electoral Commission), in paragraph 3(3)—

• (a) in paragraph (b), omit the “or” at the end of sub-paragraph (ii) and in sub-paragraph (iii) after “Part VII)” insert

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

;

• (b) in paragraph (c)(iii), after “122” insert “ or in a recall petition return delivered to a petition officer under paragraph 6 of Schedule 5 to the Recall of MPs Act 2015 ”.

4

• (1) Part 2 (registration of political parties) is amended as follows.

• (2) In section 24 (office-holders to be registered)—

• (a) in subsection (4)(b), after “referendums)” insert “ and Schedules 3 to 5 to the Recall of MPs Act 2015 (financial controls on recall petitions) ”;

• (b) in subsection (8)(b), for “or a” substitute “ , a ” and after “Part VII” insert “ or a recall petition within the meaning of the Recall of MPs Act 2015 (see section 1(2) of that Act) ”.

• (3) In section 25 (parties with campaigns officers)—

• (a) in subsection (2), after “VII” insert “ and Schedules 3 to 5 to the Recall of MPs Act 2015 (financial controls on recall petitions) ”;

• (b) after subsection (6), insert—

(7) In relation to any time when a party is (or was) registered as a party with a campaigns officer, the provisions of Schedules 3 to 5 to the Recall of MPs Act 2015 shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer.

5

• (1) Part 5 (control of campaign expenditure) is amended as follows.

• (2) In section 72(7) (campaign expenditure)—

• (a) the words “a return as to election expenses” to the end become paragraph (a);

• (b) at the end of that paragraph, insert

, or (b) a recall petition return within the meaning of Schedule 5 to the Recall of MPs Act 2015 (see paragraph 1 of that Schedule).

• (3) In section 74(3) (officers of registered party with responsibility for campaign expenditure), for “or a” substitute “ , a ” and after “Part VII” insert “ or a recall petition within the meaning of the Recall of MPs Act 2015 (see section 1(2) of that Act) ”.

6

• (1) Part 6 (controls relating to third party national election campaigns) is amended as follows.

• (2) In section 87(1)(b) (expenditure by third parties which is not controlled expenditure)—

• (a) omit the “or” at the end of sub-paragraph (i);

• (b) at the end of sub-paragraph (ii), insert

or (iii) an amount of expenses falls to be included in a recall petition return within the meaning of Schedule 5 to the Recall of MPs Act 2015 (see paragraph 1 of that Schedule),

.

7

• (1) Part 9 (reports of gifts received by unincorporated associations) is amended as follows.

• (2) In Schedule 19A (reports of gifts received by unincorporated associations making political contributions), in paragraph 1—

• (a) in sub-paragraph (2), after paragraph (f) insert—

(g) it makes a relevant donation within the meaning of Schedule 4 to the Recall of MPs Act 2015 (see Part 1 of that Schedule) to an accredited campaigner.

;

• (b) in sub-paragraph (4), at the appropriate place insert—

“accredited campaigner” has the same meaning as in Schedule 3 to the Recall of MPs Act 2015 (see Part 5 of that Schedule);

;

• (c) in sub-paragraph (5), after paragraph (e) insert—

(f) the value of a donation to an accredited campaigner shall be determined in accordance with paragraph 5 of Schedule 4 to the Recall of MPs Act 2015.

The first and third recall conditions: further provision

Power to make further provision about conduct of a recall petition etc

Petition officer's general duty

Performance of petition officer's functions: delegation, assistance etc

Expenditure

Taxation of petition officer's account

Overview

Limit on petition expenditure: persons other than accredited campaigners

Limit on petition expenditure: accredited campaigners

Expenses incurred by persons acting in concert

Expenses incurred before the recall petition period

Notional petition expenses

Petition expenses incurred before becoming an accredited campaigner

Restriction on incurring petition expenses

Restriction on payments in respect of petition expenses

Restrictions on payment of claims in respect of petition expenses

Payment of claims in respect of petition expenses: application for leave to pay late claims

Disputed claims

Meaning of “petition expense”

List of matters

General exclusions

Guidance

Meaning of “accredited campaigner”

Eligibility to be an accredited campaigner

Accreditation notice

Notice of alteration

The responsible person

Duty of petition officer to publish information about accredited campaigners

Power to alter meaning of “petition expense”

Power to alter certain financial limits

Corrupt and illegal practices

Application of defined terms in PPERA 2000

Operation of Schedule and meaning of “accredited campaigner” and “relevant donation” etc

Donations: general rules

Sponsorship

Payments etc not to be regarded as donations

Value of donations

Meaning of “permissible donor”

Return of donations

Power to alter certain financial limits

Prohibition on accepting donations from impermissible or unidentifiable donors

Donations treated as received or not received from permissible donors

Meaning of “exempt trust donation” in paragraph 10

Donations made on behalf of other persons

Duty to verify identity of donor

Duty to return donations from impermissible donors

Duty to return donations from unidentifiable donors

Circumstances in which donations treated as accepted or received

Forfeiture of donations made by impermissible or unidentifiable donors

Appeal against order under paragraph 17

Supplementary provision about orders under paragraph 17 or 18

Evasion of restrictions on donations

Further provision about offences under this Schedule

Application of defined terms in PPERA 2000

Recall petition returns

Statements and accompanying documents relating to petition expenses

Statement and accompanying documents relating to relevant donations accepted

Statement relating to relevant donations received from impermissible or unidentifiable donors

Declaration of responsible person as to return

Delivery of return etc to petition officer and supplementary returns

Offences relating to return

Onward delivery of returns to Electoral Commission

Inspection of returns and accompanying documents

Application of certain provisions of Schedule 3

Representation of the People Act 1983 (c. 2)

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

Editorial notes

Persons entitled to sign a recall petition

Power to make further provision about conduct of a recall petition etc