LegalizeThe Electoral Administration Act 2006 (Commencement No.8 and Transitional Provision) Order 2009
Made: 16th June 2009
The Secretary of State, in exercise of the powers conferred by section 77(2), (3) and (4) of the Electoral Administration Act 20061, and having been informed by the Electoral Commission that they are satisfied that they will receive the information mentioned in paragraph 15A(2) of Schedule 7 of the Political Parties, Elections and Referendums Act 20002 in relation to a member of the House of Commons3, makes the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Electoral Administration Act 2006 (Commencement No. 8 and Transitional Provision) Order 2009.
- (2) In this Order,
- (a) “the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;
- (b) “the 2006 Act” means the Electoral Administration Act 2006;
- (c) “controlled transaction” must be construed in accordance with paragraph 2 of Schedule 7A to the 2000 Act; and
- (d) “donation” shall have the meaning given in paragraph 1(5) of Schedule 7 to the 2000 Act.
Appointed Date
2
The following provisions of the 2006 Act come into force on 1st July 2009 so far as they relate to a Member of the House of Commons—
- (a) section 59 (Reporting donations to holders of certain elective offices);
- (b) paragraph 99 of Schedule 1 so far as it provides for the insertion of paragraph 16 of Schedule 7A to the 2000 Act4.
Transitional Provision
3
The provisions brought into force by article 2 have no effect in relation to any donation received or controlled transaction entered into before 1st July 2009.
Signed
Jack Straw — Secretary of State — Ministry of Justice — 16th June 2009
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force the provisions of the Electoral Administration Act 2006 (c.22) set out in article 2 on 1st July 2009. The commencement of these provisions applies only to holders of elective office in the House of Commons, and has no effect in relation to the reporting of any donation or controlled transaction received before 1st July 2009. The requirements to deliver a report to the Electoral Commission in respect of a donation (under paragraph 10 of Schedule 7 to the 2000 Act) or a controlled transaction (under paragraph 9 of Schedule 7A of that Act) continue to apply to any donation or controlled transaction received or entered into before 1st July 2009.
Footnotes
2000 c.41. Paragraph 15A is inserted by section 59(3) of the 2006 Act. Section 59(4) of the 2006 Act provides that the Secretary of State must not make an Order commencing section 59 unless so informed.
Paragraph 15A of Schedule 7 and paragraph 16 of Schedule 7A of the 2000 Act apply to the holders of a relevant elective office. Paragraph 1(8)(a) provides that the office of “member of the House of Commons” is a relevant elective office. That definition is applied for the purposes of Schedule 7A by paragraph 1(7)(c) of that Schedule.
Paragraph 99 is now fully commenced. It was commenced, except so far as it provides for the insertion of paragraph 16 of Schedule 7A to the 2000 Act, in relation to England, Wales and Scotland on 11 September 2006 by Schedule 1, paragraph 25(m)(i) of S.I. 2006/1972, and in relation to Northern Ireland on 1 July 2008 by article 2(2)(d)(i) of S.I. 2008/1656.
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