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

(The document as of February, 2008)

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(b) (where, in the case of any Assembly electoral region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region. "

12 In paragraph 7 (reports)--

(a) for "the Commission", wherever occurring, there shall be substituted "the Electoral Commission";

(b) in sub-paragraph (1)(a), after "constituencies" there shall be inserted "in Wales"; and

13 In paragraph 8 (the rules), for "Commission", wherever occurring, there shall be substituted "Electoral Commission or (as the case may be) the Committee".

14 In paragraph 9(1) (Orders in Council), for the words from ", with or without modifications," to "the Commission" there shall be substituted "to the recommendations contained in a report of the Electoral Commission".

15 In paragraph 10 (interpretation)--

(a) for "the Commission", wherever occurring, there shall be substituted "the Electoral Commission"; and

(b) at the end there shall be added--

" (3) Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission. "

16 In paragraph 11 (definitions)--

(a) for the definition of "the Commission" there shall be substituted--

" "the Committee" means the Boundary Committee for Wales (as defined by paragraph 4(4)); " ; and

(b) after that definition there shall be added--

" "recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required. "

Scotland Act 1998 (c. 46)

17 Schedule 1 to the Scotland Act 1998 (constituencies, regions and regional members) shall be amended as follows.

18 In paragraph 3 (reports of Boundary Commission for Scotland), for sub-paragraph (1) and the cross-heading preceding it there shall be substituted--

" Reports of Electoral Commission

3 (1) This paragraph applies where the Electoral Commission ("the Commission") submit a report to the Secretary of State under section 3(1) or (3) of the 1986 Act recommending any alteration in any parliamentary constituencies in Scotland. "

19 After paragraph 4 there shall be inserted--

" Proposed recommendations by Boundary Committee for Scotland

4A (1) When the Boundary Committee for Scotland provisionally determine (in pursuance of the 1986 Act) proposed recommendations which they are minded to include in a report under section 3A(2) of that Act and which would involve any alteration in any parliamentary constituencies in Scotland, the Committee shall consider whether any alteration within paragraph 3(2) would be required to be made in order to give effect to the rules in paragraph 7.

(2) Any such report by the Committee as is mentioned in sub-paragraph (1) shall contain, in addition, the recommendations which the Committee propose should be included in the Electoral Commission's section 3 report in the light of the Committee's consideration of the question mentioned in that sub-paragraph.

(3) In section 3A of the 1986 Act--

(a) subsection (3) shall apply with any necessary modifications in relation to any such proposed recommendations as they apply in relation to any proposed recommendations of a Boundary Committee under section 3A(2) of that Act; and

(b) in subsection (4), the first reference to that Act shall include a reference to this Schedule, and the reference to the rules set out as there mentioned shall include a reference to the rules set out in paragraph 7.

(4) In this paragraph--

"the Boundary Committee for Scotland" means the Committee of that name established by the Electoral Commission under section 14 of the Political Parties, Elections and Referendums Act 2000;
"the Electoral Commission's section 3 report" means the report of the Electoral Commission under section 3 of the 1986 Act for the purposes of which the proposed recommendations mentioned in sub-paragraph (1) would be made. "

20 (1) Paragraph 5 (notices of proposed recommendations) shall be amended as follows.

(2) In sub-paragraph (1)--

(a) for "the Commission have provisionally determined to make" there shall be substituted "the Committee have provisionally determined to propose (in pursuance of paragraph 4A(2))";

(b) for "they propose to recommend" there shall be substituted "their effect is"; and

(c) for "to the Commission" and "the Commission shall" there shall be substituted "to the Committee" and "the Committee shall" respectively.

(3) In sub-paragraph (2), for "the Commission", wherever occurring, there shall be substituted "the Committee".

(4) After sub-paragraph (2) there shall be inserted--

" (3) Where the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4A(3) above) they shall have regard to--

(a) any representations duly made with respect to the recommendations in accordance with any notice published under sub-paragraph (1); or

(b) (where they are minded to exercise any of those powers in relation to part only of the region) any representations so made with respect to the recommendations so far as relating to that part of the region.

(4) Where the Committee's proposed recommendations have been modified by the Electoral Commission under section 3A(3)(b) of the 1986 Act (as applied by paragraph 4A(3) above), the Committee shall publish in at least one newspaper circulating in the region a notice stating the effect of those recommendations as so modified. "

21 (1) Paragraph 6 (local inquiries) shall be amended as follows.

(2) In sub-paragraph (1) for "The Commission" there shall be substituted "For the purposes of this Schedule the Committee".

(3) In sub-paragraph (2)--

(a) for "the Commission", wherever occurring, there shall be substituted "the Committee"; and

(b) for "make the recommendation" there shall be substituted "proceed with the proposed recommendation".

(4) In sub-paragraph (3), for "the Commission" there shall be substituted "the Committee".

(5) After sub-paragraph (5) there shall be added--

" (6) Where the Committee have caused a local inquiry to be held in pursuance of this paragraph, the Committee shall take into consideration the findings of the inquiry.

(7) Where the Committee have caused a local inquiry to be held in pursuance of this paragraph and the Electoral Commission are minded to exercise in relation to the Committee's proposed recommendations any of the powers conferred by section 3A(3)(b) or (c) of the 1986 Act (as applied by paragraph 4(3) above), the Electoral Commission shall have regard to--

(a) the findings of the inquiry; or

(b) (where, in the case of any region in respect of which the inquiry was held, they are minded to exercise any of those powers in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region. "

22 In paragraph 7 (the rules), for "Commission", wherever occurring, there shall be substituted "Electoral Commission or (as the case may be) the Committee".

23 In paragraph 8 (meaning of regional electorate)--

(a) in sub-paragraph (1), for "the Commission" there shall be substituted "the Electoral Commission"; and

(b) at the end there shall be added--

" (3) Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate in relation to any report of the Committee made for the purposes of any such report of the Electoral Commission. "

24 After paragraph 8 there shall be added--

" Interpretation

9 In this Schedule--

"the 1986 Act" means the Parliamentary Constituencies Act 1986;
"the Committee" means the Boundary Committee for Scotland (as defined by paragraph 4A(4));
"recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required. "

Sections 28, 30, 31 and 33.

SCHEDULE 4 Applications under Part II

Part I Application for registration

Introductory

1 (1) Paragraphs 2 to 7 must be complied with in relation to an application under section 28.

(2) Such an application must be accompanied by any fee prescribed by order made by the Secretary of State.

(3) In the following provisions of this Part of this Schedule "an application" means an application under section 28.

Names

2 (1) An application for registration in the Great Britain register must specify either--

(a) a name to be the party's registered name, or

(b) a name in Welsh and a name in English to be the party's registered names.

(2) If a name to be registered in that register is in a language other than English or Welsh, the application must include an English translation.

(3) An application for registration in the Northern Ireland register must specify either--

(a) a name to be the party's registered name, or

(b) a name in Irish and a name in English to be the party's registered names.

(4) If a name to be registered in that register is in a language other than English or Irish, the application must include an English translation.

Headquarters

3 (1) An application must specify--

(a) the address of the party's headquarters, or

(b) if the party has no headquarters, an address to which communications to the party may be sent.

(2) Where the party is a party with accounting units, any reference to the party in sub-paragraph (1) above is to be read as a reference to the central organisation.

Registered officers

4 (1) An application must give the name and home address of each of the following--

(a) a person to be registered as the party's leader;

(b) a person to be registered as the party's nominating officer;

(2) If the application is for the party to be registered as a party with a campaigns officer, the application must also give the name and home address of a person to be registered as the party's campaigns officer.

(3) If the person to be registered as the party's leader is (as mentioned in section 24(2)) the leader of the party for some particular purpose, the application must specify that purpose.

(4) If one person is named in an application as leader, nominating officer and treasurer, the application must also give the name and home address of the holder of some other specified office in the party.

Party organisation

5 (1) An application must be accompanied by--

(a) a copy of the party's constitution (within the meaning of section 26); and

(b) a draft of the scheme which the party proposes to adopt for the purposes of section 26 if approved by the Commission under that section.

(2) Where the party is a party with accounting units, the application must state in relation to each accounting unit--

(a) the name of the accounting unit and of its treasurer and of the officer to be registered for the purposes of section 27(3), and

(b) the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent.

Additional information

6 An application must include any other information prescribed by regulations made by the Commission.

Signature

7 (1) An application must be signed--

(a) by the proposed registered leader or registered nominating officer,

(b) by the proposed registered treasurer, and

(c) (if the application is for the party to be registered as a party with a campaigns officer) by the proposed registered campaigns officer,

and must include a declaration by each person signing the application that he is authorised to sign it on behalf of the party.

(2) An application may be signed by the same person in his capacity as proposed registered leader or registered nominating officer and in his capacity as proposed registered treasurer or as proposed registered campaigns officer, but in that case it must be apparent from the application that he is signing it in both of those capacities.

Part II Application for alteration of entry

Introductory

8 (1) Paragraph 9 and (if applicable) paragraph 10 must be complied with in relation to an application under section 30.

(2) Such an application must be accompanied by any fee prescribed by order made by the Secretary of State.

(3) In paragraphs 9 and 10 "an application" means an application under section 30.

Signature

9 (1) Subject to sub-paragraph (3), an application must be signed by the responsible officers of the party.

(2) For the purposes of this paragraph "the responsible officers" are--

(a) the registered leader;

(b) the registered nominating officer;

(d) where the leader, the nominating officer and the treasurer are the same person, any other registered officer.

(3) If any responsible officer is unable to sign an application--

(a) the holder of some other office in the party may sign in his place, and

(b) the application must include a statement of the reason why the responsible officer is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.

Details of campaigns officer

10 If an application is for the addition of a statement that the party is registered as a party with a campaigns officer, the application must--

(a) give the name and home address of the person who is to be registered as the party's campaigns officer; and

(b) be accompanied by a declaration of acceptance of office signed by that person.

Part III Application for registration of replacement officer

Introductory

11 (1) Paragraphs 12 and 13 must be complied with in relation to an application under section 31(3)(a).

(2) In paragraphs 12 and 13 "an application" means an application under section 31(3)(a).

Details of replacement etc. officers

12 (1) If as a result of an application one person will be registered as leader, nominating officer and treasurer, the application must request the addition of the name of the holder of some other specified office in the party.

(2) If an application requests--

(a) the substitution of the name of a leader, nominating officer, treasurer or other officer, or

(b) an addition in accordance with sub-paragraph (1),

the application must give the home address of the person whose name is to be substituted or added.

Signature

13 (1) Subject to sub-paragraph (3), an application must be signed by--

(a) each person (other than the person to be registered in pursuance of the application) who is one of the responsible officers of the party; and

(b) the person who is to be so registered.

(2) For the purposes of this paragraph "the responsible officers" has the same meaning as in paragraph 9.

(3) If any such person as is mentioned in sub-paragraph (1)(a) is unable to sign an application--

(a) the holder of some other office in the party may sign in his place, and

(b) the application must include a statement of the reason why the person in question is unable to sign and a declaration that the holder of the other office is authorised to sign in his place.

Part IV Application for removal of entry

Signature

14 Paragraph 9 above shall apply in relation to an application under section 33 as it applies in relation to an application under section 30.

Section 49.

SCHEDULE 5 Accounting units: application of accounting requirements

Introductory

1 (1) This Schedule provides for the application of sections 41 to 48 in a case where a registered party is a party with accounting units.

(2) For the purposes of this Schedule all or any of the following are financial matters relating to a party or (as the case may be) an accounting unit, namely--

(a) its transactions and financial position; and

(b) its assets and liabilities.

(3) For the purposes of this Schedule, and any provision as applied by this Schedule, an accounting unit's financial year is the same as that of the party.

(4) In this Schedule "treasurer", in relation to an accounting unit, means the person specified in the Great Britain or Northern Ireland register as the unit's treasurer.

(5) If any question arises under this Schedule as to whether, in relation to any matter, anything falls to be done by the treasurer of a party or by the treasurer of an accounting unit, it shall be determined by the Commission.

Accounting records

2 (1) Section 41--

(a) shall not impose any duty on the treasurer of the party in relation to any financial matters relating to any accounting unit; but

(b) shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the keeping and preservation of proper accounting records with respect to financial matters relating to the unit.

(2) In its application in relation to an accounting unit, section 41(5) shall be read as if the reference to the last treasurer of the party were to the last treasurer of the unit.

Annual statements of accounts

3 (1) Section 42--

(a) shall not impose any duty on the treasurer of the party in relation to any financial matter relating to any accounting unit; but

(b) shall apply with any necessary modifications to the treasurer of each such unit so as to make provision for or in connection with requiring the preparation, in respect of each financial year, of a statement of accounts relating to financial matters relating to the unit.

(2) In its application in relation to any such statement of accounts, section 42(2)(b) shall be read as requiring approval--

(a) by the management committee of the unit, if there is one; and

(b) otherwise by an officer of the unit other than its treasurer.

(3) In its application in relation to a party with accounting units or (as the case may be) to any accounting unit, section 42(4)(a) shall be read as if the reference to the gross income or total expenditure of the party were--

(a) to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or

(b) to the gross income or total expenditure of the unit,

as the case may be.

Annual audits

4 (1) Section 43 shall apply in relation to any accounting unit and its treasurer as it applies in relation to the party and its treasurer.

(2) In its application in relation to the party or (as the case may be) to any accounting unit, section 43(1) or (2) shall be read as if the reference to the gross income or total expenditure of the party were--

(a) to the gross income or total expenditure of the party exclusive of any income or expenditure of any accounting unit, or

(b) to the gross income or total expenditure of the unit,

as the case may be.

Supplementary provisions about auditors

5 (1) Section 44 shall apply in relation to any accounting unit and the treasurer, or any other officer, of any such unit as it applies in relation to the party and the treasurer, or any other officer, of the party.

(2) In sub-paragraph (1) any reference to a treasurer or other officer includes a former treasurer or other officer.

Submission of statements of accounts etc. to Commission

6 (1) In the case of any accounting unit whose gross income or total expenditure in a financial year exceeds £25,000, section 45 shall (except so far as it relates to any notification under section 32) apply in relation to the accounting unit and the treasurer of the unit as it applies in relation to the party and the treasurer of the party.

(2) If the Commission in the case of any other accounting unit at any time so require by notice in relation to any financial year, the treasurer of the unit shall no later than the relevant date send the Commission--

(a) the statement of accounts prepared for that year in accordance with paragraph 3, and

(b) if the unit's accounts for that year have been audited in accordance with paragraph 4, a copy of the auditor's report.

(3) In sub-paragraph (2) "the relevant date" means--

(a) if the unit's accounts for the financial year are not required to be audited in accordance with paragraph 4, the end of the period of three months from the end of that year or (if later) the end of the period of 30 days beginning with the day when the requirement under sub-paragraph (2) is imposed;

(b) if the unit's accounts for that year are required to be so audited, the end of the period of six months from the end of that year or (if later) the end of the period of three months beginning with the date when the requirement under sub-paragraph (2) is imposed.

(4) If for any special reason the Commission think it fit to do so they may, on an application made to them before the end of the period otherwise allowed under this paragraph for sending a unit's documents within sub-paragraph (2) for any financial year, by notice extend that period by a further period specified in the notice.

(5) Any reference to section 45 in any of sections 46 to 48 (as they apply in accordance with this Schedule) shall be read as including a reference to sub-paragraph (2) above.

Public inspection of parties' statements of accounts

7 Section 46 shall apply in relation to any statement of accounts received by the Commission from an accounting unit as it applies in relation to a statement of accounts received by them from the party.

Criminal penalty for failure to submit proper statement of accounts etc.

8 (1) Subject to sub-paragraph (2), section 47 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.

(2) In a case where paragraph 6(2) applies--

(a) subsection (4) of section 47 shall not apply, and

(b) the relevant period for the purposes of that section (as it applies in accordance with sub-paragraph (1) above) shall instead be the period allowed by paragraph 6(2) and (3) for sending the statement of accounts or auditor's report to the Commission or, if that period has been extended under paragraph 6(4), that period as so extended.

Revision of statement of accounts

9 (1) Subject to sub-paragraph (2), section 48 shall apply in relation to any accounting unit and the treasurer of any such unit as it applies in relation to the party and the treasurer of the party.

(2) In its application in relation to any such unit--

(a) section 48(7) shall have effect with the omission of the reference to the registered leader of the party; and

(b) section 48(8) shall accordingly have effect with the omission of paragraphs (a) and (b) and all references to the registered leader of the party.

Sections 62 and 63.

SCHEDULE 6 Details to be given in donation reports

Preliminary

1 (1) In this Schedule--

(a) "quarterly report" means a report required to be prepared by virtue of section 62;

(b) "weekly report" means a report required to be prepared by virtue of section 63;

and "recordable donation", in relation to a quarterly or weekly report, means a donation required to be recorded in that report.

(2) References in this Schedule to a registered party shall, in the case of a party with accounting units, be read as references to the central organisation of the party.

Identity of donors: quarterly reports

2 (1) In relation to each recordable donation (other than one to which paragraph 6 or 7 applies) a quarterly report must give the following information about the donor--

(a) the information required by any of sub-paragraphs (2) to (10), (12) and (13) below; and

(b) such other information as may be required by regulations made by the Secretary of State after consulting the Commission;

or, in the case of a donation falling within sub-paragraph (11) below, the information required by that sub-paragraph.

(2) In the case of an individual the report must give his full name and--

(a) if his address is, at the date of receipt of the donation, shown in an electoral register (within the meaning of section 54), that address; and

(b) otherwise, his home address (whether in the United Kingdom or elsewhere).

(3) Sub-paragraph (2) does not apply in the case of a donation in the form of a bequest, and in such a case the report must state that the donation was received in pursuance of a bequest and give--

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