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

(The document as of February, 2008)

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(3) The Commission may also--

(a) provide advice and assistance to--

(i) registration officers,

(ii) returning officers at relevant elections,

(iii) registered parties,

(iv) recognised third parties within the meaning of Part VI, and

(v) permitted participants within the meaning of Part VII;

(b) provide advice and assistance to other persons which is incidental to, or otherwise connected with, the discharge by the Commission of their functions.

(4) The Commission--

(a) may make charges for advice or assistance provided by them under subsection (1); but

(b) may not make charges for advice and assistance provided under subsection (3).

(5) Nothing in this section authorises the Commission to provide any form of financial assistance.

(6) In this section "relevant body" means--

(a) the Scottish Parliament;

(b) the Scottish Executive;

(d) the Northern Ireland Assembly;

(e) the Executive Committee of the Northern Ireland Assembly;

(f) any of the following local authorities--

(i) in England, the council of a county, district or London borough,

(ii) in Wales, the council of a county or county borough, and

(iii) in Scotland, a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994;

(g) a national or regional parliament or government in a country other than the United Kingdom;

(h) a body in any such other country having functions corresponding to any of the functions of the Commission;

(i) an organisation of which two or more countries (or their governments) are members or a subordinate body of such an organisation.

(7) In this section "relevant election" means any election falling within section 22(5) other than a local government election in Scotland.

(8) The Scottish Ministers may by order provide that subsection (7) shall have effect as if the words "other than a local government election in Scotland" were omitted.

(9) Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (8) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(10) The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

11 Broadcasters to have regard to Commission's views on party political broadcasts

(1) In section 36 of the [1990 c. 42.] Broadcasting Act 1990 (independent television services: party political broadcasts), after subsection (4) there shall be inserted--

" (5) Before making any rules for the purposes of this section the Commission shall have regard to any views expressed by the Electoral Commission. "

(2) In section 107 of that Act (independent sound broadcasting services: party political broadcasts), after subsection (3) there shall be inserted--

" (4) Before making any rules for the purposes of this section the Authority shall have regard to any views expressed by the Electoral Commission. "

(3) The British Broadcasting Corporation and Sianel Pedwar Cymru shall each, in determining its policy with respect to party political broadcasts, have regard to any views expressed by the Electoral Commission for the purposes of this subsection.

12 Policy development grants

(1) For the purposes of this section--

(a) "a policy development grant" is a grant to a represented registered party to assist the party with the development of policies for inclusion in any manifesto on the basis of which--

(i) candidates authorised to stand by the party will seek to be elected at an election which is a relevant election for the purposes of Part II, or

(ii) the party itself will seek to be so elected (in the case of such an election for which the party itself may be nominated); and

(b) a registered party is "represented" if there are at least two Members of the House of Commons belonging to the party who--

(i) have made and subscribed the oath required by the [1866 c. 19.] Parliamentary Oaths Act 1866 (or the corresponding affirmation), and

(ii) are not disqualified from sitting or voting in that House.

(2) The Commission shall submit recommendations to the Secretary of State for the terms of a scheme for the making by the Commission of policy development grants.

(3) Where the Secretary of State receives recommendations under subsection (2), he shall make an order setting out such a scheme in terms which, with any modifications he considers appropriate, give effect to the recommendations.

(4) The scheme shall, in particular, specify or provide for the determination of--

(a) the parties eligible for policy development grants, and

(b) how any money provided to the Commission for the making of policy development grants is to be allocated between the parties eligible for such grants.

(5) The Commission shall keep under review the terms of any scheme under this section and shall make recommendations to the Secretary of State for any variations to the scheme which they consider appropriate.

(6) Where the Secretary of State receives recommendations under subsection (5), he shall make an order giving effect, with any modifications he considers appropriate, to the recommendations.

(7) Where any such modifications as are mentioned in subsection (3) or (6) would result in an order under that subsection giving effect with modifications to any recommendations of the Commission in respect of either of the matters mentioned in subsection (4), the order shall not be made without the agreement of the Commission to the modifications so far as relating to those matters.

(8) The Commission shall make such grants as are provided for under any scheme under this section, and any such grants may be made subject to such conditions as (consistently with the terms of the scheme) the Commission consider appropriate; but nothing in such a scheme shall have effect to authorise the Commission to make in any financial year more than £2 million in policy development grants.

(9) The Secretary of State may by order made with the consent of the Treasury vary the sum for the time being specified in subsection (8).

13 Education about electoral and democratic systems

(1) The Commission shall promote public awareness of--

(a) current electoral systems in the United Kingdom and any pending such systems, together with such matters connected with any such existing or pending systems as the Commission may determine;

(b) current systems of local government and national government in the United Kingdom and any pending such systems; and

(2) For the purposes of subsection (1) any system such as is mentioned in paragraph (a) or (b) of that subsection is pending at a time when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

(3) Subsection (1) does not apply in relation to local government elections, or to local government, in Scotland; but in paragraph (b) of that subsection the reference to national government includes (in addition to the government of the United Kingdom) the government of parts of the United Kingdom for which there are devolved legislatures.

(4) The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by--

(a) carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (1); or

(b) making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(5) Any grant under subsection (4)(b) may be made subject to such conditions as the Commission consider appropriate.

(6) The total expenditure incurred in any financial year by the Commission in performing their functions under subsection (1) (whether by making grants or otherwise) shall not exceed such sum as is for the time being specified for the purposes of this subsection by an order made by the Secretary of State with the consent of the Treasury.

(7) The Scottish Ministers may by order provide that, despite subsection (3), the Commission may perform the functions conferred by this section in relation to local government elections, or to local government, in Scotland.

(8) Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable by virtue of an order made by the Scottish Ministers under subsection (7); but such expenditure shall not exceed such sum as is for the time being specified for the purposes of this subsection in an order made by the Scottish Ministers.

(9) The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any of functions mentioned in subsection (8).

(10) Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(11) The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

Commission's electoral boundary functions

14 Boundary committees

(1) The Commission shall establish four Boundary Committees, one for each of England, Scotland, Wales and Northern Ireland.

(2) Each Boundary Committee shall consist of--

(a) a chairman, and

(b) not less than the appropriate number of other members,

appointed by the Commission.

(3) For the purposes of subsection (2) "the appropriate number", in relation to a Boundary Committee, is--

(a) two, if no functions fall to be exercised by the Committee by virtue of section 18(1), section 19(1) or section 20(1) (as the case may be); and

(b) four, if any functions fall to be so exercised.

(4) Only an Electoral Commissioner or a deputy Electoral Commissioner may be appointed a member of a Boundary Committee; and only an Electoral Commissioner may be appointed chairman of a Boundary Committee.

(5) The Commission shall, where any functions fall to be exercised by a Boundary Committee as mentioned in subsection (3), so exercise their powers of appointment under this section and section 15 as to secure--

(a) that at least one of the members of the Committee is a person with experience of local government matters in England, Scotland or Wales (as the case may be); and

(b) that, in the case of the Boundary Committee for Wales, at least one of the members of the Committee is a person able to speak the Welsh language.

(6) The following persons shall be assessors to the Boundary Committees--

(a) in the case of each of the Boundary Committee for England and the Boundary Committee for Wales, the Registrar General for England and Wales and the Director General of Ordnance Survey;

(b) in the case of the Boundary Committee for Scotland, the Registrar General of Births, Deaths and Marriages for Scotland and the Director General of Ordnance Survey;

(c) in the case of the Boundary Committee for Northern Ireland, the Registrar General of Births and Deaths in Northern Ireland, the Commissioner of Valuation for Northern Ireland and the Chief Electoral Officer for Northern Ireland.

15 Deputy Electoral Commissioners

(1) The Commission may appoint Deputy Electoral Commissioners.

(2) The number of Deputy Electoral Commissioners shall not exceed such number as the Commission, with the agreement of the Speaker's Committee, may determine.

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

(4) The functions of a Deputy Electoral Commissioner are limited to serving as a member of any Boundary Committee to which he is appointed.

(5) Schedule 1 contains further provisions about Deputy Electoral Commissioners.

16 Transfer of functions of Boundary Commissions

(1) The [1986 c. 56.] Parliamentary Constituencies Act 1986 shall have effect subject to the amendments specified in Part I of Schedule 3, by virtue of which--

(a) the functions of each of the Boundary Commissions under section 3(1) and (3) of that Act (functions with respect to keeping under review, and reporting on, representation in the House of Commons of the part of the United Kingdom with which they are concerned) are transferred to the Electoral Commission; and

(b) functions with respect to--

(i) the carrying out of reviews under that Act with respect to a particular part of the United Kingdom, and

(ii) the submission to the Electoral Commission of proposed recommendations following any such review,

are conferred on the Boundary Committee established for that part of the United Kingdom under section 14 above.

(2) The consequential amendments of other Acts specified in Part II of Schedule 3 shall have effect.

(3) A Boundary Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.

(4) In this section "Boundary Commission" means one of the Boundary Commissions constituted under the 1986 Act.

17 Transfer of property etc. of the Boundary Commissions

(1) There shall be transferred to and vest in the Commission by virtue of this subsection all property, rights and liabilities to which a Boundary Commission are entitled or subject when their functions are transferred to the Commission by virtue of section 16(1).

(2) A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(3) Subsection (1) has effect in relation to property, rights or liabilities to which it applies despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

18 Transfer of functions of Local Government Commission for England

(1) The Secretary of State may by order make provision for and in connection with transferring (to any extent) to--

(a) the Commission, or

(b) the Boundary Committee for England,

any of the functions of the Local Government Commission for England (in this section referred to as "the English Commission").

(2) An order under subsection (1) may make provision for--

(a) transferring (to any extent) any relevant function of the Secretary of State to the Commission;

(b) terminating (to any extent) any relevant function of the Secretary of State or the English Commission without transferring it to the Commission or the Boundary Committee for England;

(d) preventing the Secretary of State from exercising any relevant function (including one so modified) unless he has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising him to seek such advice in connection with the exercise of any such function;

(e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for England;

(f) conferring on the Commission functions with respect to electoral areas or other electoral arrangements relating to the Isles of Scilly.

(3) In subsection (2) "relevant function" means (subject to subsection (4)) a function under--

(a) any of sections 13 to 15 and 17 of the [1992 c. 19.] Local Government Act 1992 (local government changes in England),

(b) any of sections 13, 14 and 17(4) of the [1997 c. 29.] Local Government and Rating Act 1997 (parishes and parish councils) so far as having effect in relation to electoral arrangements within the meaning of Part II of that Act, or

(c) section 2(4) of the [1999 c. 29.] Greater London Authority Act 1999 or Schedule 1 to that Act (assembly constituencies).

(4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Secretary of State under any of the provisions mentioned in subsection (3)(a) to make orders other than those effecting electoral changes within the meaning of Part II of the [1992 c. 19.] Local Government Act 1992; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for England shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The English Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission--

(a) of the staff of the English Commission, and

(b) of any property, rights and liabilities to which the English Commission are entitled or subject;

and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the English Commission were established or constituted.

(9) The Secretary of State may pay to the Commission such amount as he may determine to be appropriate by way of reimbursement for any expenditure incurred by them which is attributable to the provision by them of advice to the Secretary of State in pursuance of an order under subsection (1).

19 Transfer of functions of Local Government Boundary Commission for Scotland

(1) The Scottish Ministers may by order make provision for and in connection with transferring (to any extent) to--

(a) the Commission, or

(b) the Boundary Committee for Scotland,

any of the functions of the Local Government Boundary Commission for Scotland (in this section referred to as "the Scottish Commission").

(2) An order under subsection (1) may make provision for--

(a) transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;

(b) terminating (to any extent) any relevant function of the Scottish Ministers or the Scottish Commission without transferring it to the Commission or the Boundary Committee for Scotland;

(d) preventing the Scottish Ministers from exercising any relevant function (including one so modified) unless they have sought and obtained such advice of the Commission as may be prescribed by the order, or authorising them to seek such advice in connection with the exercise of any such function;

(e) modifying any function transferred by such an order so far as it is to be exercisable by the Commission or the Boundary Committee for Scotland.

(3) In subsection (2) "relevant function" means (subject to subsection (4)) a function under any of sections 13 to 21 of, and Schedule 5 and paragraph 1(2) of Schedule 6 to, the [1973 c. 65.] Local Government (Scotland) Act 1973.

(4) Nothing in subsection (2)(a) authorises the transfer to the Commission of any power of the Scottish Ministers to make orders under any of the provisions mentioned in subsection (3).

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Scotland shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The Scottish Commission shall cease to exist at such time as the Scottish Ministers, being satisfied that the Scottish Commission have no further functions, by order direct.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission--

(a) of the staff of the Scottish Commission, and

(b) of any property (including rights and interests of any description) and liabilities to which the Scottish Commission are entitled or subject;

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Scottish Commission were established or constituted.

(9) Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.

(10) Any power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

(11) The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any functions in consequence of an order made under subsection (1).

20 Transfer of functions of Local Government Boundary Commission for Wales

(1) The National Assembly for Wales may by order make provision for and in connection with transferring (to any extent) to--

(a) the Commission, or

(b) the Boundary Committee for Wales,

any of the functions of the Local Government Boundary Commission for Wales (in this section referred to as "the Welsh Commission").

(2) An order under subsection (1) may make provision for--

(a) transferring (to any extent) any relevant function of the National Assembly for Wales ("the Assembly") to the Commission;

(b) terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;

(d) preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;

(e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.

(3) In subsection (2) "relevant function" means (subject to subsection (4)) a function under--

(a) section 30(3) or (4) or 31(3) of the [1972 c. 70.] Local Government Act 1972 (restriction on community applications during and after reviews), or

(b) any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).

(4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (3)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the [1972 c. 70.] Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Wales shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The Welsh Commission shall cease to exist at such time as the National Assembly for Wales, being satisfied that they have no further functions to perform, by order directs.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission--

(a) of the staff of the Welsh Commission, and

(b) of any property, rights and liabilities to which the Welsh Commission are entitled or subject;

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Welsh Commission were established or constituted.

(9) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments).

(10) Nothing in this section shall be read as affecting the generality of subsection (9).

(11) Any power of the National Assembly for Wales to make an order under this section shall be exercisable by statutory instrument.

(12) The expenditure of the Commission, so far as attributable to the exercise of any functions in consequence of an order under subsection (1), shall be met by the National Assembly for Wales.

Supplementary

21 Interpretation of Part I

In this Part "financial year", in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.

Part II Registration of political parties

Requirement for registration

22 Parties to be registered in order to field candidates at elections

(1) Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of--

(a) a person who stands for election in the name of a qualifying registered party; or

(b) a person who does not purport to represent any party; or

(2) For the purposes of subsection (1) a party (other than a minor party) is a "qualifying registered party" in relation to a relevant election if--

(a) the constituency, local government area or electoral region in which the election is held--

(i) is in England, Scotland or Wales, or

(ii) is the electoral region of Scotland or Wales,

and the party was, on the last day for publication of notice of the election, registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or

(b) the constituency, district electoral area or electoral region in which the election is held--

(i) is in Northern Ireland, or

(ii) is the electoral region of Northern Ireland,

and the party was, on that day, registered in the Northern Ireland register maintained by the Commission under that section.

(3) For the purposes of subsection (1) a person does not purport to represent any party if either--

(a) the description of the candidate given in his nomination paper, is--

(i) "Independent", or

(ii) where the candidate is the Speaker of the House of Commons seeking re-election, "The Speaker seeking re-election"; or

(b) no description of the candidate is given in his nomination paper.

(4) Subsection (1) does not apply in relation to any parish or community election.

(5) The following elections are relevant elections for the purposes of this Part--

(a) parliamentary elections,

(b) elections to the European Parliament,

(d) elections to the National Assembly for Wales,

(e) elections to the Northern Ireland Assembly,

(f) local government elections, and

(g) local elections in Northern Ireland.

(6) For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.

The registers of political parties

23 The new registers

(1) In place of the register of political parties maintained by the registrar of companies under the [1998 c. 48.] Registration of Political Parties Act 1998, there shall be the new registers of political parties mentioned in subsection (2) which--

(a) shall be maintained by the Commission, and

(b) (subject to the provisions of this section) shall be so maintained in such form as the Commission may determine.

(2) The new registers of political parties are--

(a) a register of parties that intend to contest relevant elections in one or more of England, Scotland and Wales (referred to in this Act as "the Great Britain register"); and

(b) a register of parties that intend to contest relevant elections in Northern Ireland (referred to in this Act as "the Northern Ireland register").

(3) Each party registered in the Great Britain register shall be so registered in respect of one or more of England, Scotland and Wales; and the entry for each party so registered shall be marked so as to indicate--

(a) the part or parts of Great Britain in respect of which it is registered; and

(b) if the party is a minor party, that it is such a party.

(4) A party may be registered under this Part in both of the new registers, but where a party is so registered--

(a) the party as registered in the Great Britain register, and

(b) the party as registered in the Northern Ireland register,

shall constitute two separate registered parties.

(5) In such a case--

(a) the party shall for the purposes of this Act be so organised and administered as to secure that the financial affairs of the party in Great Britain are conducted separately from those of the party in Northern Ireland;

(b) the financial affairs of the party in Great Britain or (as the case may be) Northern Ireland, shall accordingly constitute for those purposes the financial affairs of the party as registered in the Great Britain register or (as the case may be) the Northern Ireland register; and

(c) any application for the registration of a party in accordance with subsection (4) shall similarly be made and determined by reference to the party's organisation and activities in Great Britain and Northern Ireland respectively.

(6) The Secretary of State may by order make provision for the transfer to the Commission of any property, rights and liabilities to which the registrar of companies is entitled or subject in connection with his functions under the [1998 c. 48.] Registration of Political Parties Act 1998; and an order under this subsection may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

Preliminary requirements

24 Office-holders to be registered

(1) For each registered party there shall be--

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

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

but the person registered as leader may also be registered as nominating officer or treasurer (or both).

(2) The person registered as a party's leader must be--

(a) the overall leader of the party; or

(b) where there is no overall leader of the party, a person who is the leader of the party for some particular purpose.

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