The Political Parties, Elections and Referendums Act 2000 (Commencement No. 4 and Transitional Provisions) Order 2021

Made: 21st July 2021

The Secretary of State makes this Order in exercise of the powers conferred by section 2 of the Election Publications Act 2001[^f00001].

Citation and extent

1

• (1) This Order may be cited as the Political Parties, Elections and Referendums Act 2000 (Commencement No. 4 and Transitional Provisions) Order 2021.

• (2) This Order extends to Northern Ireland only.

Commencement

2

• (1) Subject to paragraph (3), the following provisions of the Political Parties, Elections and Referendums Act 2000 come into force on 11th August 2021—

• (a) section 143 (details to appear on election material)[^f00002];

• (b) paragraph 14 of Schedule 18 (replacement of section 110 of the Representation of the People Act 1983)[^f00003].

• (2) Subject to paragraph (3), section 1(1) and (2)(a) of the Election Publications Act 2001 ceases to have effect on 11th August 2021.

• (3) The provisions specified in paragraph (1) do not have effect, and section 1(1) and (2)(a) of the Election Publications Act 2001 continues to have effect, in respect of any election for which the date of the poll specified in the notice of election is on or before 11th August 2021.

Signed

Robin Walker — Minister of State — Northern Ireland Office — 21st July 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force (in Northern Ireland) section 143 of, and paragraph 14 of Schedule 18 to, the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”).

These provisions were commenced across the United Kingdom on 16th February 2001 by S.I. 2001/222. However, that commencement was deemed not to have had effect by section 1 of the Election Publications Act 2001 (c. 5) (“the 2001 Act”). The 2001 Act provided for the provisions to be brought into force on a day appointed by the Secretary of State. Section 143, and paragraph 14 of Schedule 18, to the 2000 Act were commenced for England, Wales and Scotland by S.I. 2006/3416.

Section 143 of the 2000 Act requires that advertisements and other election material designed to promote or procure the electoral success of a registered party or candidates who hold particular opinions must include certain specified information. In Northern Ireland, section 143 applies to Parliamentary elections, Northern Ireland Assembly elections and local elections.

Paragraph 14 of Schedule 18 of the 2000 Act substitutes section 110 of the 1983 Act. Section 110 is concerned with the information that must appear on election publications intended to promote or procure the election of a particular candidate. In Northern Ireland, section 110 applies to Parliamentary elections but is also applied to Northern Ireland Assembly elections by S.I. 2001/2599.

Footnotes

[^f00001]: 2001 c. 5; section 2 was amended by S.I. 2002/2626 and 2003/1887.

[^f00002]: 2000 c. 41; section 143 was commenced on 16th February 2001 by S.I. 2001/222 but was deemed not to have been commenced by section 1 of the Election Publications Act 2001 (c. 5). Section 143 was subsequently commenced in England, Wales and Scotland on 1st January 2006 by S.I. 2006/3416. Section 143 was amended by section 66(2) of the Electoral Administration Act 2006 (c. 22) and section 26(11) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4).

[^f00003]: 1983 c. 2; paragraph 14 of Schedule 18 was commenced on 16th February 2001 by S.I. 2001/222, but also deemed not to have been commenced by section 1 of the Election Publications Act 2001 (which provided that section 110 of the Representation of the People Act 1983 (c. 2) was to have effect in the form in which it had effect before 16th February 2001). It was subsequently commenced in England, Wales and Scotland on 1st January 2006 by S.I. 2006/3416.