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

(The document as of February, 2008)

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(a) any expenses incurred by the Secretary of State in consequence of this Act; and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2) There shall be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.

160 General interpretation

(1) In this Act--

"accounting unit" and "party with accounting units" shall be construed in accordance with section 26(11);
"bequest" includes any form of testamentary disposition;
"body", without more, means a body corporate or any combination of persons or other unincorporated association;
"broadcaster" has the meaning given by section 37(2);
"business" includes every trade, profession and occupation;
"central organisation", in relation to a registered party, shall be construed in accordance with section 26(11);
"the Commission" means the Electoral Commission;
"document" means a document in whatever form it is kept;
"enactment" includes--
(a)
any provision of an Act (including this Act),
(b)
any provision of or of any instrument made under Northern Ireland legislation, and
(c)
any provision of subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978);
"exempt trust donation" has the meaning given by section 162;
"functions" includes powers and duties;
"the Great Britain register" and "the Northern Ireland register" mean the registers of political parties referred to in section 23(2)(a) and (b) respectively;
"local election", in relation to Northern Ireland, means a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962;
"local government election" means a local government election within the meaning of section 191, 203 or 204 of the Representation of the [1983 c. 2.] People Act 1983 or an election under Part II of the Local Government Act 2000 for the return of an elected mayor;
"market value", in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market;
"minor party" means (in accordance with section 34(1)) a party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d);
"modifications" includes additions, omissions and amendments, and "modify" shall be construed accordingly;
"organisation" includes any body corporate and any combination of persons or other unincorporated association;
"property" includes any description of property, and references to the provision of property accordingly include the supply of goods;
"qualified auditor" means (subject to subsection (2)) a person who is, in accordance with section 25 of the [1989 c. 40.] Companies Act 1989 or Article 28 of the [S.I. 1990/593 (N.I. 5).] Companies (Northern Ireland) Order 1990 (eligibility for appointment), eligible for appointment as a company auditor;
"record" means a record in whatever form it is kept;
"registered party" means a party registered under Part II of this Act;
"treasurer", in relation to a registered party, means registered treasurer.

(2) A person is not a qualified auditor in relation to any registered party or any other body or individual if he is--

(a) a member of the party or body or the individual himself, or

(b) an officer or employee of the party, body or individual.

For this purpose "officer or employee" does not include an auditor.

(3) References in this Act to a person standing for election in the name of a registered party shall be construed in accordance with section 22(6).

(4) References in this Act (in whatever terms) to payments out of public funds are references to any of the following, namely--

(a) payments out of--

(i) the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund or the Consolidated Fund of Northern Ireland, or

(ii) money provided by Parliament or appropriated by Act of the Northern Ireland Assembly;

(b) payments by--

(i) any Minister of the Crown, the Scottish Ministers or any Minister within the meaning of the [1998 c. 47.] Northern Ireland Act 1998,

(ii) any government department (including a Northern Ireland department) or any part of the Scottish Administration, or

(iii) the National Assembly for Wales;

(d) payments by the Electoral Commission;

and references in this Act (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of any such payments.

(5) References in this Act to conditions, in the context of grants being made subject to conditions, include conditions requiring repayment of the grants in specified circumstances.

161 Interpretation: donations

(1) This section has effect for the purposes of the provisions of this Act relating to donations.

(2) Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description--

(a) the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and

(b) a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.

(3) Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description ("the donee"), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.

(4) The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).

(5) Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(6) For the purposes of this Act it is immaterial whether a donation received by a registered party or a person of any other description is so received in the United Kingdom or elsewhere.

162 Interpretation: exempt trust donations

(1) For the purposes of this Act "exempt trust donation" means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5).

(2) This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust--

(a) which was created before 27th July 1999,

(b) to which no property has been transferred on or after that date, and

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before that date.

(3) This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust--

(a) which was created by--

(i) a person who was a permissible donor falling within section 54(2) at the time when the trust was created, or

(ii) the will of a person falling within section 54(3), and

(b) to which no property has been transferred otherwise than--

(i) by a person who was a permissible donor falling within section 54(2) at the time of the transfer, or

(ii) under the will of a person falling within section 54(3),

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.

(4) For the purposes of subsection (3) "the relevant information" means the information which is required by virtue of paragraph 2 of Schedule 6 to be given in respect of a recordable donation to which that subsection applies.

(5) A donation falls within this subsection if it is received from a trustee of any property pursuant to the exercise of any discretion vested by a trust in him or any other person.

(6) In this section--

(a) "donation" means a donation for the purposes of the provisions of this Act in which the relevant reference to an exempt trust donation occurs;

(b) "property", in the context of the transfer of property to a trust, does not include any income of the trust;

(d) any reference to a donation received from a trustee is a reference to a donation received from a trustee in his capacity as such, other than a donation transmitted on behalf of a beneficiary under a trust.

163 Short title, commencement, transitional provisions and extent

(1) This Act may be cited as the Political Parties, Elections and Referendums Act 2000.

(2) Subject to subsections (3) and (4), this Act does not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.

(3) The following provisions come into force on the day on which this Act is passed--

(a) sections 1 to 3 and Schedules 1 and 2,

(b) sections 156, 159 and 160, and paragraph 12(1) and (4) of Schedule 21,

(d) any other provision so far as it confers power to make an order or regulations.

(4) The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed--

(a) section 36,

(b) Part I of Schedule 23, and

(c) any provision of Part II of this Act so far as necessary for the purposes of the operation of any provision of Part I of that Schedule.

(5) An order under subsection (2) may contain such transitional provisions and savings (including provisions modifying enactments) as the Secretary of State considers appropriate.

(6) Such an order may, in particular, make provision as respects the operation of any financial limit imposed by any provision of this Act in cases where a period in relation to which any such limit is imposed would otherwise begin at a time before the commencement of that provision of this Act.

(7) The transitional provisions contained in Schedule 23 shall have effect.

(8) Subject to subsections (9) and (10), this Act extends to the whole of the United Kingdom.

(9) Part IX and paragraphs 2 and 3 of Schedule 12 and paragraphs 12 and 13 of Schedule 23 extend to England, Wales and Scotland.

(10) Subject to any express limitation contained in this Act, the extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

SCHEDULES

Section 1.

SCHEDULE 1 The Electoral Commission

Status of Commission and their property

1 (1) The Commission shall not be regarded--

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Commission shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2 The Commission may do anything (except borrow money) which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

Term of office etc. of Electoral Commissioners

3 (1) Subject to the provisions of this paragraph, an Electoral Commissioner shall hold office as such Commissioner--

(a) for the period for which he is appointed, and

(b) otherwise in accordance with the terms of his appointment.

(2) The period for which an Electoral Commissioner is appointed shall be the period specified in relation to him in the address pursuant to which he is appointed.

(3) An Electoral Commissioner shall cease to hold office on the occurrence of any of the following events--

(a) he consents to being nominated as a candidate at a relevant election (within the meaning of Part II) or to being included in a registered party's list of candidates at such an election;

(b) he takes up any office or employment in or with--

(i) a registered party or any accounting unit of such a party,

(ii) a recognised third party (within the meaning of Part VI), or

(iii) a permitted participant (within the meaning of Part VII);

(c) he is named as a donor in the register of donations reported under Chapter III or V of Part IV or in any statement of donations included in a return delivered to the Commission under section 98 or 122;

(d) he becomes a member of a registered party.

(4) An Electoral Commissioner may be removed from office by Her Majesty in pursuance of an Address from the House of Commons.

(5) No motion shall be made for such an Address unless the Speaker's Committee have presented a report to the House of Commons stating that the Committee are satisfied that one or more of the following grounds is made out in the case of the Electoral Commissioner in question--

(a) he has failed to discharge the functions of his office for a continuous period of at least 3 months;

(b) he has failed to comply with the terms of his appointment;

(d) he is an undischarged bankrupt or his estate has been sequestrated in Scotland and he has not been discharged;

(e) he has made an arrangement or composition contract with, or has granted a trust deed for, his creditors;

(f) he is otherwise unfit to hold his office or unable to carry out its functions.

(6) A motion for such an Address shall not be made on the ground mentioned in sub-paragraph (5)(a) if more than 3 months have elapsed since the end of the period in question.

(7) An Electoral Commissioner may be relieved of his office by Her Majesty at his own request.

(8) In this paragraph "registered party" includes, in relation to times before the appointed day for the purposes of Part II of this Act, a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998.

Term of office etc. of Commission chairman

4 (1) Subject to the provisions of this paragraph, the chairman of the Commission shall hold office as such chairman--

(a) for the period for which he is appointed, and

(b) otherwise in accordance with the terms of his appointment.

(2) The period for which a person is appointed as chairman of the Commission shall be the period specified in relation to him in the address pursuant to which he is appointed.

(3) The chairman of the Commission may be relieved of his office of chairman by Her Majesty at his own request.

(4) If the chairman of the Commission ceases to be an Electoral Commissioner, he also ceases to be chairman.

Electoral Commissioners: salary etc.

5 (1) There shall be paid to an Electoral Commissioner such remuneration, and any such allowances or expenses, as may be specified in a resolution of the House of Commons.

(2) If a resolution of the House of Commons so provides in the case of any person who is an Electoral Commissioner or former Electoral Commissioner--

(a) such amounts shall be paid towards the provision of superannuation benefits for or in respect of him as may be specified in the resolution;

(b) (in the case of a former Electoral Commissioner) such pension shall be paid to or in respect of him as may be so specified.

(3) A resolution for the purposes of this paragraph may--

(a) specify the amounts to be paid;

(b) provide that the amounts to be paid shall be the same as, or calculated on the same basis as, those payable to or in respect of a person employed in a specified office under, or in a specified capacity in the service of, the Crown;

(c) specify the amounts to be paid and provide for them to be increased by reference to such variables as may be specified in the resolution;

(d) have the effect of making different provision for different Electoral Commissioners or former Electoral Commissioners.

(4) A resolution for the purposes of this paragraph may take effect from the date on which it is passed or from any earlier or later date specified in the resolution.

(5) Any amount payable under this paragraph (other than by way of expenses) shall be charged on and issued out of the Consolidated Fund.

(6) Any amount payable under this paragraph by way of expenses shall be paid by the Commission.

(7) In this paragraph "pension" includes allowance and gratuity.

Deputy Electoral Commissioners: term of office etc.

6 (1) Subject to sub-paragraphs (2) and (3) a Deputy Electoral Commissioner shall hold and vacate his office in accordance with the terms of his appointment.

(2) A Deputy Electoral Commissioner shall cease to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3).

(3) A Deputy Electoral Commissioner may be removed from office by the Commission, but only if they are satisfied that one or more of the following grounds is made out in his case--

(a) he has failed to discharge the functions of his office for a continuous period of at least 3 months;

(b) he has failed to comply with the terms of his appointment;

(d) he is an undischarged bankrupt or his estate has been sequestrated in Scotland and he has not been discharged;

(e) he has made an arrangement or composition contract with, or has granted a trust deed for, his creditors;

(f) he is otherwise unfit to hold his office or unable to carry out its functions.

(4) The Commission shall pay to a Deputy Electoral Commissioner such remuneration, and any such allowances or expenses, as may be provided for by or under the terms of his appointment.

(5) If the terms of his appointment as Deputy Electoral Commissioner so provide, the Commission shall--

(a) pay towards the provision of superannuation benefits for or in respect of a Deputy Electoral Commissioner or former Deputy Electoral Commissioner such amounts as may be provided for by or under those terms;

(b) pay such pension to or in respect of a former Deputy Electoral Commissioner as may be so provided.

(6) In sub-paragraph (5) "pension" includes allowance and gratuity.

Assistant Electoral Commissioners

7 (1) The Commission may appoint one or more Assistant Electoral Commissioners to inquire into, and report to the Commission or a Boundary Committee on, such matters as the Commission or a Boundary Committee think fit.

(2) A person may not be appointed as an Assistant Electoral Commissioner if he is a person who (by virtue of section 3(4)) may not be appointed as an Electoral Commissioner.

(3) An Assistant Electoral Commissioner shall--

(a) be appointed either for a fixed term or for the purposes of a particular inquiry; and

(b) (subject to sub-paragraph (4)) hold and vacate office in accordance with the terms of his appointment.

(4) An Assistant Electoral Commissioner shall cease to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3).

(5) The Commission shall pay an Assistant Electoral Commissioner such remuneration, and any such allowances or expenses, as may be provided for by or under the terms of his appointment.

Committees

8 (1) The Commission may establish (in addition to the Boundary Committees) any committees which the Commission consider appropriate.

(2) Any committee of the Commission established under sub-paragraph (1) may establish one or more sub-committees.

(3) A person shall not be a member of a committee or sub-committee established under this paragraph unless he is an Electoral Commissioner.

Delegation to committees

9 (1) The Commission may delegate functions of the Commission (to such extent as the Commission may determine) to any committee of the Commission established under paragraph 8(1).

(2) Sub-paragraph (1) does not apply to any function transferred to the Commission by virtue of section 16(1) or by an order under section 18(1), 19(1) or 20(1).

(3) A committee of the Commission established under paragraph 8(1) may delegate functions of the committee (to such extent as the committee may determine) to any sub-committee of the committee.

Procedure and proceedings

10 (1) The Commission shall regulate their own procedure, and the procedure of their committees and sub-committees (whether established under paragraph 8 or section 14), including the quorum for meetings.

(2) The validity of any proceedings of the Commission, or of any of their committees or sub-committees, shall not be affected by--

(a) any vacancy among the members of the Commission, or of the committee or sub-committee, or

(b) any defect in the appointments of any such member.

Staff

11 (1) The Commission--

(a) shall appoint a chief executive, and

(b) may appoint such other staff as the Commission consider necessary to assist them and their committees in the performance of their functions.

(2) A person may not be appointed--

(a) as chief executive of the Commission if he is a person who (by virtue of section 3(4)(a) to (d)) may not be appointed as an Electoral Commissioner, or

(b) as any other member of the staff of the Commission if he is a person who (by virtue of section 3(4)(b) to (d)) may not be appointed as an Electoral Commissioner.

(3) Subject to sub-paragraph (4), the staff of the Commission shall be appointed on such terms and conditions as the Commission may determine; and the Commission shall pay their staff such remuneration as may be provided for by or under their terms of appointment.

(4) The appointment of any member of the staff of the Commission shall terminate--

(a) if he is their chief executive, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 3(3), and

(b) in any other case, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (c) of paragraph 3(3).

(5) In determining the terms and conditions of staff under sub-paragraph (3) above, the Commission shall have regard to the desirability of keeping the remuneration and other terms and conditions of employment of its staff broadly in line with those applying to persons employed in the civil service of the State.

(6) Service as an officer or employee of the Commission shall be included in the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (which lists the kinds of employment to which a scheme can apply), the following entry shall be inserted at the end of the list of "Royal Commissions and other Commissions"--

" Electoral Commission " .

(7) The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (6) in the sums payable out of money provided by Parliament under the [1972 c. 11.] Superannuation Act 1972.

(8) No member of the staff of the Commission shall be regarded--

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(9) The Secretary of State may appoint a person to be the Commission's chief executive until such time as the first person to be appointed by the Commission as their chief executive takes up office; and until such time as the Commission have appointed their own staff the Secretary of State may appoint persons to serve as members of the Commission's staff.

(10) Until such time as the Commission may determine, the Commission's chief executive appointed under sub-paragraph (9) may incur expenditure and do other things in the name and on behalf of the Commission, whether or not the membership of the Commission has yet to be constituted in accordance with section 1.

(11) The power conferred by sub-paragraph (10) shall be exercisable by that person subject to and in accordance with any directions given to him by the Secretary of State.

Delegation to staff

12 Each of the following--

(a) the Commission,

(b) any committee of the Commission (whether established under paragraph 8 or section 14),

(d) the Commission's chief executive,

may delegate functions of theirs or his (to such extent as they or he may determine) to the Commission's staff (either generally or otherwise).

Delegation and contracting-out of superannuation functions

13 (1) Section 1(2) of the [1972 c. 11.] Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc.) shall have effect as if the reference to an officer of the Crown other than a Minister included the Commission's chief executive.

(2) Any administration function conferred on the Commission's chief executive under section 1(2) of the [1972 c. 11.] Superannuation Act 1972 (as it has effect in accordance with sub-paragraph (1)) may be exercised by (or by employees of) such person as may be authorised in that behalf by the Commission's chief executive.

(3) For the purposes of this paragraph an "administration function" is a function of administering schemes--

(a) made under section 1 of the [1972 c. 11.] Superannuation Act 1972, and

(b) from time to time in force.

(4) An authorisation given by virtue of sub-paragraph (2) may authorise the exercise of an administration function--

(a) either wholly or to such extent as may be specified in the authorisation;

(b) either generally or in such cases as may be so specified; and

(5) An authorisation given by virtue of sub-paragraph (2)--

(a) shall be treated for all purposes as if it were given by virtue of an order under section 69 of the [1994 c. 40.] Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders);

(b) may be revoked at any time by the Commission (as well as by the chief executive).

Financing of Commission

14 (1) The expenditure of the Commission, so far as it cannot be met out of income received by the Commission, shall be met, in accordance with this paragraph, out of money provided by Parliament (except so far as it is--

(a) reimbursed by the Secretary of State under section 18(9) or the Scottish Ministers in pursuance of section 13(9), 19(11) or 145(6); or

(b) met by the National Assembly for Wales in pursuance of section 5(3) or 20(12)).

(2) For each financial year (other than the Commission's first financial year) the Commission shall prepare, and submit to the Speaker's Committee, an estimate of the Commission's income and expenditure.

(3) The Speaker's Committee shall--

(a) examine each such estimate submitted to them; and

(b) decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c) if they are not so satisfied, shall make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency.

(4) Before deciding whether they are so satisfied or making any such modifications, the Speaker's Committee shall--

(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 16 and to any recommendations contained in that report; and

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(5) The Speaker's Committee shall, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.

(6) If the Speaker's Committee, in the discharge of their functions under this paragraph--

(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b) do not follow any advice given to them by the Treasury, or

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

(7) The Secretary of State may by order provide for the transfer to the Commission of such property, rights and liabilities--

(a) to which he is entitled or subject, and

(b) which are specified in the order,

as he considers appropriate in connection with the establishment of the Commission.

(8) Such an order may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of any such property, rights or liabilities otherwise than by the order.

Five-year plan

15 (1) When the Commission submit to the Speaker's Committee such an estimate as is mentioned in paragraph 14 the Commission shall also submit to the Committee a plan prepared by the Commission setting out the Commission's--

(a) aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and

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