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

(The document as of February, 2008)

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6 (1) The Representation of the People Act 1983 is amended as follows.

(2) In section 18(5) (polling districts and places at parliamentary elections)--

(a) for "the Secretary of State", wherever occurring, substitute "the Electoral Commission"; and

(b) for "he thinks fit" substitute "they think fit".

(3) In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute--

" (3) A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if--

(a) the services or expenses are of a kind specified in regulations made by the Electoral Commission ("the Commission") with the consent of the Treasury; and

(b) the charges are reasonable.

(4) Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(5) In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied--

(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses; and

(b) that the charges in question are reasonable.

(6) Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations.

(7) The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below.

(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission.

(9) On the returning officer's request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit.

(10) The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer's charges.

(11) Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund. "

(4) In section 47(1) (loan of equipment for local elections), for "the Secretary of State" substitute "the Electoral Commission".

(5) In section 52 (discharge of registration duties), after subsection (1) insert--

" (1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify--

(a) the software which is to be used in connection with the maintenance of the registers in that form;

(b) the standards in accordance with which that software is to be maintained and updated;

(c) how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form. "

(6) In section 175 (illegal payments etc.), for "illegal payment, employment or hiring", wherever they occur, substitute "illegal payment or employment".

(7) In section 201 (regulations)--

(a) in subsection (1), omit the words from "and except" to "section 29(8)";

(b) in subsection (2), for "section 29(8)" substitute "section 110(7)";

" (2A) Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. " ; and

(d) in subsection (3), after "the Secretary of State" insert ", or the Electoral Commission (in the case of any regulations made by them),".

(8) In section 202(1) (general definitions), for "a party registered under the Registration of Political Parties Act 1998" substitute "a party registered under Part II of the Political Parties, Elections and Referendums Act 2000".

(9) In Schedule 1 (parliamentary elections rules), at the end of rule 14 (publication of statement of persons nominated) insert--

" (5) The returning officer shall send to the Electoral Commission--

(a) a copy of the statement; and

(b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 6A above, a copy of that certificate as well. "

Representation of the People Regulations 1986 (S.I. 1986/1081) and Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111)

7 (1) In regulation 99 of the Representation of the People Regulations 1986 and in regulation 97 of the Representation of the People (Scotland) Regulations 1986 (modification of provisions about expenses in the Act of 1983)--

(a) in paragraph (1), for "subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29" substitute "subsections (3), (4), (5), (6), (7), (9) and (10) of section 29"; and

(b) in paragraph (3), for "the Secretary of State" substitute "the Electoral Commission".

(2) The amendments made by sub-paragraph (1) shall not be taken to prejudice the power to make regulations varying or revoking the amended provisions.

Broadcasting Act 1990 (c. 42)

8 In sections 36(3) and 107(2) of the Broadcasting Act 1990 (party political broadcasts), for "but subject to section 14 of the Registration of Political Parties Act 1998 (prohibition of broadcasts by unregistered parties)" substitute "but subject to section 37 of the Political Parties, Elections and Referendums Act 2000 (prohibition of broadcasts by unregistered parties)".

Local Government Act 1992 (c. 19)

9 (1) Section 13 of the Local Government Act 1992 (duty of Local Government Commission for England to conduct reviews) is amended as follows.

(2) For subsections (1) and (1A) (duty to conduct reviews when directed to do so) substitute--

" (1) The Secretary of State may direct the Local Government Commission to conduct a review of such areas in England as are specified in the direction or are of a description so specified.

(1AA) A direction under subsection (1) above shall, in respect of each area to which it relates, specify which of the following kinds of changes, namely--

(a) structural changes,

(b) boundary changes, and

is or are to be considered in the review of that area.

(1A) Where the Secretary of State gives a direction under subsection (1) above requiring the Local Government Commission to conduct any review, the Local Government Commission shall conduct the review in accordance with this Part and any directions given under it and, in respect of each of the areas to which the direction relates, recommend in the case of each kind of changes required to be considered in the review of the area either--

(a) that the Secretary of State should make such changes of that kind as are specified in the recommendations; or

(b) that he should make no changes of that kind. "

(3) In subsection (1C) (interpretation of subsections (1A) and (1B))--

(a) for "subsections (1A) and (1B)" substitute "subsection (1B)"; and

(b) omit paragraph (b) and the "and" preceding it.

(4) Omit subsections (3) and (4) (timing of periodic reviews).

10 In section 14(8) of that Act (changes that may be recommended), for "section 13(1) above" substitute "section 13(1A) above".

Criminal Justice and Public Order Act 1994 (c. 33)

11 In section 170 of the Criminal Justice and Public Order Act 1994 (security at party conferences), in subsection (5) for "the Registration of Political Parties Act 1998" substitute "the Political Parties, Elections and Referendums Act 2000".

Government of Wales Act 1998 (c. 38)

12 (1) The Government of Wales Act 1998 is amended as follows.

(2) In section 4(8) (National Assembly for Wales: voting at ordinary elections) for "a party registered under the Registration of Political Parties Act 1998" substitute "a party registered under Part II of the Political Parties, Elections and Referendums Act 2000".

(3) In section 11(2)(c) (power to make provision about elections) omit "and registered political parties".

(4) After section 34 insert--

" 34A Assistance to groups of Assembly members

(1) The Assembly may make to (or in respect of) groups of Assembly members such payments as the Assembly from time to time determines for the purpose of assisting Assembly members in the groups to perform their functions as Assembly members.

(2) A determination under this section may make provision--

(a) for ascertaining the groups to which (or in respect of which) payments are to be made,

(b) for calculating the amount of any payment to a group,

(d) for the presiding officer to decide questions arising under the determination about which groups Assembly members belong to.

(3) A determination under this section may make different provision for different groups.

(4) The Assembly may not delegate the function of making a determination under this section.

(5) A determination under this section shall not be made unless a motion to approve it is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

(6) The standing orders of the Assembly must include provision for the publication of every determination under this section. "

Scotland Act 1998 (c. 46)

13 (1) The Scotland Act 1998 is amended as follows.

(2) In section 5(9) (candidates at general elections) for "the Registration of Political Parties Act 1998" substitute "Part II of the Political Parties, Elections and Referendums Act 2000".

(3) In section 12(2)(c) (power to make provision about elections) omit "and registered political parties".

Northern Ireland Act 1998 (c. 47)

14 (1) The Northern Ireland Act 1998 is amended as follows.

(2) In section 18(13)(a) (Northern Ireland Ministers) for "a party registered under the Registration of Political Parties Act 1998" substitute "a party registered under Part II of the Political Parties, Elections and Referendums Act 2000".

(3) In Schedule 2 (excepted matters), for paragraph 13 substitute--

" 13 The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).

This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties. "

Greater London Authority Act 1999 (c. 29)

15 In section 4(11) of the Greater London Authority Act 1999 (voting at ordinary elections), for "a party registered under the Registration of Political Parties Act 1998" substitute "a party registered under Part II of the Political Parties, Elections and Referendums Act 2000".

Representation of the People Act 2000 (c. 2)

16 (1) Section 10 of the Representation of the People Act 2000 (pilot schemes) is amended as follows.

(2) After subsection (1) insert--

" (1A) Subsection (1) applies to proposals falling within that subsection which are submitted by a relevant local authority jointly with the Electoral Commission as if in that subsection--

(a) the first reference to any such authority in paragraph (a), and

(b) the reference to the authority in paragraph (b)(ii),

were each a reference to the authority and the Commission; and, in a case where any such proposals are not jointly so submitted, the Secretary of State must consult the Commission before making an order under that subsection. "

(3) In subsection (5)(a), after "the authority concerned" insert "and to the Electoral Commission".

(4) In subsection (6), for "the authority concerned" substitute "the Electoral Commission".

(5) After subsection (6) insert--

" (6A) The report shall be prepared by the Electoral Commission in consultation with the authority concerned; and that authority shall provide the Commission with such assistance as they may reasonably require in connection with the preparation of the report (which may, in particular, include the making by the authority of arrangements for ascertaining the views of voters about the operation of the scheme). "

(6) In subsection (7), after "The report shall" insert ", in particular,".

(7) For subsection (10) substitute--

" (10) Once the Electoral Commission have prepared the report, they shall send a copy of the report--

(a) to the Secretary of State, and

(b) to the authority concerned,

and that authority shall publish the report in their area, in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections in question. "

17 (1) Section 11 of that Act (revision of procedures in the light of pilot schemes) is amended as follows.

(2) At the end of subsection (1) insert--

" The power of the Secretary of State to make such an order shall, however, be exercisable only on a recommendation of the Electoral Commission. "

(3) In subsection (4), for the words from "the report" onwards substitute "every report under section 10 which relates to a scheme making provision similar to that made by the order."

Local Government Act 2000 (c. 22)

18 (1) The Local Government Act 2000 is amended as follows.

(2) In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert--

" (3A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.

(3B) In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money. "

(3) In section 45 (conduct of referendums under the Act), after subsection (8) insert--

" (8A) Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to--

(a) provisions which specify the wording of the question to be asked in a referendum, or

(b) provisions for matters mentioned in subsection (8)(c).

(8B) No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless--

(a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and

(b) when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

(8C) Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.

(8D) No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless--

(a) before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

(b) where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission. "

(4) In section 45(9), after "(8)" insert "to (8C)".

Section 158.

SCHEDULE 22 Repeals

Chapter	Short title	Extent of repeal
1975 c. 24.	House of Commons Disqualification Act 1975.	In Part III of Schedule 1, the entry relating to Boundary Commissioners and assistant Commissioners appointed under Schedule 1 to the Parliamentary Constituencies Act 1986.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Part III of Schedule 1, the entry relating to Boundary Commissioners and Assistant Boundary Commissioners appointed under Schedule 1 to the Parliamentary Constituencies Act 1986.
1983 c. 2.	Representation of the People Act 1983.	Section 72. In section 73, subsection (4), and in subsection (6) the words from ", or pays" to "as mentioned above,". Section 75(1B) and (1C). Section 78(6). Section 79(3). In section 81, subsection (4), in subsection (7) the words from "; and" onwards, and subsection (11). Section 82(4). Section 86(9). Sections 101 to 105. Section 106(8). Section 108. Section 122(8). In section 138(1), the words from ", a copy of which" onwards. Sections 148 to 153. Section 157(5). Section 159(2). Section 167(4). Section 174(6). In section 201(1), the words from "and except" to "section 29(8)". In Schedule 1, in rule 30(5), the words from the beginning to "agents, and". In Schedule 3-- (a) the form of return, and (b) in the form of declarations, the words in paragraph 3 "in relation to my [the candidate's] personal expenses" and paragraph 4.
1985 c. 50.	Representation of the People Act 1985.	Section 14(3) to (5). In Schedule 3, paragraphs 6 and 7. In Schedule 4, paragraph 35.
1986 c. 56.	Parliamentary Constituencies Act 1986.	Section 2. Section 4(2). Schedule 1. In Schedule 2, in paragraph 8, the words "for which there is a Boundary Commission".
1989 c. 28.	Representation of the People Act 1989.	Section 6(1)(b) and (2).
1991 c. 11.	Representation of the People Act 1991.	The whole Act.
1992 c. 19.	Local Government Act 1992.	In section 13(1C), paragraph (b) and the "and" preceding it. Section 13(3) and (4).
1992 c. 55.	Boundary Commissions Act 1992.	Section 1. Section 2(1) to (3). Section 3(2) and (3).
1996 c. 55.	Broadcasting Act 1996.	In Schedule 10, paragraph 29, and in paragraph 30 "or 29".
1998 c. 38.	Government of Wales Act 1998.	In section 11(2)(c), the words "and registered political parties".
1998 c. 46.	Scotland Act 1998.	In section 12(2)(c), the words "and registered political parties".
1998 c. 48.	Registration of Political Parties Act 1998.	The whole Act, except for sections 13, 15, 24 and 26 and Schedule 2.
1999 c. 29.	Greater London Authority Act 1999.	In Schedule 3, paragraphs 16, 19(4), 21, 24(5), 28, 31 and 35.
2000 c. 2.	Representation of the People Act 2000.	In Schedule 6, paragraph 4.

Section 163.

SCHEDULE 23 Transitional provisions

Part I Transfer of registration of existing registered parties

Interpretation of Part I

1 In this Part of this Schedule--

"the 1998 Act" means the Registration of Political Parties Act 1998;
"the appointed day" means the appointed day for the purposes of Part II of this Act;
"the compliance period" means the period of six weeks beginning with the initial date;
"emblem", in relation to a party, means an emblem to be used by the party on ballot papers;
"the initial date" means the date falling 14 days after the day on which this Act is passed;
"the new registers" means the Great Britain register and the Northern Ireland register.

Declaration for purposes of section 28

2 (1) This paragraph applies to any party registered under the 1998 Act on the initial date.

(2) Subject to sub-paragraph (7), the party must within the compliance period send to the Commission a declaration falling within section 28(2).

(3) In connection with any such declaration, any reference in section 28(2) or (3) to a party's applying to be registered shall have effect in relation to the party making the declaration as a reference to its seeking to be registered under Part II of this Act in accordance with paragraph 4(2).

(4) Where the party sends the Commission a declaration falling within section 28(2)(a), the party must at the same time send to them, with a view to the registration in the Northern Ireland register of a separate Northern Ireland party--

(a) such information as would, by virtue of Schedule 1 to the 1998 Act, be required to be provided in connection with an application by the Northern Ireland party to be registered under that Act;

(b) a notification as to whether the party wishes to be registered in the Northern Ireland register under its existing registered name or under that name with an addition permitted by sub-paragraph (5); and

(i) any emblem or emblems already registered in respect of it under the 1998 Act to be registered in respect of the Northern Ireland party in that register,

(ii) any emblem or emblems not so registered under the 1998 Act, but shown in the notification, to be registered in respect of the Northern Ireland party in that register (whether in addition to any emblem or emblems falling within sub-paragraph (i) or otherwise).

(5) For the purposes of sub-paragraph (4)(b) any one of the following, namely "Northern Ireland", "Northern Irish", "Ulster", "Ireland" or "Irish" may be added to a party's existing registered name, at such point as the party may specify in its notification.

(6) For the purposes of sub-paragraph (4)(c) the total number of emblems whose registration may be sought in a notification under that provision is three.

(7) If the party within the compliance period sends to the Commission a declaration that the party does not intend to contest any relevant election on or after the appointed day--

(a) nothing in sub-paragraphs (2) to (6) or in paragraphs 3 to 5 shall have effect in relation to the party; and

(b) the party's registration under the 1998 Act shall terminate on the appointed day.

(8) References to a party of any description in paragraph 3(1), 4(1) or 5(1) accordingly do not include a party falling within sub-paragraph (7).

Draft scheme for purposes of section 26

3 (1) This paragraph applies to any party registered under the 1998 Act on the initial date.

(2) The party must within the compliance period send to the Commission--

(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;

and subsections (2) to (6) of that section shall apply in connection with any such scheme and its approval by the Commission.

(3) The party must also within the compliance period give a notification to the Commission under this sub-paragraph.

(4) A notification under sub-paragraph (3) must--

(a) give the name and home address--

(i) of a person to be registered under Part II of this Act as the party's treasurer; and

(ii) (if the party is seeking to be so registered as a party with a campaigns officer) of a person to be registered as that officer; and

(b) be signed by the person registered under the 1998 Act as leader or nominating officer of the party and by the proposed registered treasurer mentioned in paragraph (a) and (if paragraph (a)(ii) applies) by the proposed campaigns officer.

(5) Where the party would on registration under Part II of this Act be a party with accounting units, a notification under sub-paragraph (3) must also give in relation to each accounting unit--

(a) the name of the accounting unit and of its treasurer and of an officer of the unit 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.

(6) A notification under sub-paragraph (3) may be signed by the same person in his capacity as registered leader or nominating officer and in his capacity as proposed registered treasurer, but in that case it must be apparent from the notification that he is signing it in both of those capacities.

(7) Where the party sends the Commission a declaration falling within section 28(2)(a), the provisions of sub-paragraphs (2) to (6) shall be read as applying separately in relation to--

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

(b) the party to be registered in the Northern Ireland register.

Registration under Part II of this Act as from appointed day

4 (1) This paragraph applies where a party registered under the 1998 Act has complied with the provisions of paragraphs 2 and 3 so far as applicable to the party.

(2) The Commission shall secure that, as from the appointed day, one (or each) of the new registers contains such entry in respect of the party (or the two parties mentioned in paragraph 3(7)) as the Commission consider appropriate to reflect--

(a) the party's existing entry in the register maintained under the 1998 Act and the date when the party was first registered under that Act;

(b) the declaration sent to the Commission by the party in pursuance of paragraph 2(2);

(d) the notification given to them in pursuance of paragraph 3(3).

(3) In connection with the registration in the Northern Ireland register (in accordance with sub-paragraph (2)) of any emblem shown in a notification by a party in pursuance of paragraph 2(4)(c)(ii)--

(a) section 29(2) shall apply (with any necessary modifications) as it applies in connection with the registration of any emblem in pursuance of a request under section 29, but

(b) for this purpose any emblem which on the initial date is registered under the 1998 Act in respect of any other party (except one falling within paragraph 2(7)) shall be treated as if it were already registered in the Northern Ireland register.

(4) As from the appointed day the draft scheme sent to the Commission in pursuance of paragraph 3(2) shall be treated for the purposes of this Act as if it were a scheme approved by the Commission and adopted by the party under section 26 until--

(a) such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or

(b) the end of the period of nine months beginning immediately after the end of the compliance period (or such longer period as the Commission may determine in relation to the party),

whichever is the earlier.

(5) If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of sub-paragraph (4)(b)--

(a) the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and

(b) the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 26.

(6) Section 30(1)(e) shall apply in relation to a party registered in accordance with sub-paragraph (2) as if the reference to the time when the party applied for registration were a reference to the appointed day.

Failure to comply with paragraph 2 or 3

5 (1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely--

(a) any declaration required under paragraph 2(2);

(b) any information or notification required under paragraph 2(4);

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