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Electoral Administration Act 2006 (c. 22)(The document as of February, 2008) Page 12 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 (2) If such a report is delivered to the Commission which does not comply with any requirements of paragraph 9, 10 or 11 as regards the information to be given in such a report-- (a) the regulated participant, or (b) (if a members association) the responsible person, is guilty of an offence. (3) Where a person is charged with an offence under this paragraph, it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence, to ensure that any requirements-- (a) as regards the preparation and delivery of a report in respect of the transaction in question, or (b) as regards the information to be given in the report in question, as the case may be, were complied with in relation to that transaction or report. (4) Where the court is satisfied, on an application made by the Commission, that any failure to comply with any such requirements in relation to any transaction entered into by a regulated participant was attributable to an intention on the part of any person to conceal the existence or true value of the transaction, the court may make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into. (5) An order under sub-paragraph (4) may in particular-- (a) where the transaction is a loan or credit facility, require that any amount owed by the regulated participant be repaid (and that no further sums be advanced under it); (b) where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged. Declaration in transaction report13 (1) Each report under paragraph 9 or 10 must, when delivered to the Commission, be accompanied by a declaration made by-- (a) the regulated participant, or (b) (if a members association) the responsible person, which complies with sub-paragraph (2) or (3). (2) In the case of a report under paragraph 9, the declaration must state that, to the best of the declarant's knowledge and belief, any transaction recorded in the report as having been entered into by the regulated participant was entered into with an authorised participant. (3) In the case of a report under paragraph 10, the declaration must state that, to the best of the declarant's knowledge and belief, the transaction recorded in the report as having been entered into by the regulated participant has been dealt with in accordance with paragraph 5 or 6. (4) A person commits an offence if he knowingly or recklessly makes a false declaration under this paragraph. Existing transactions14 (1) Paragraphs 9 to 11 have effect in relation to existing transactions as they have effect in relation to transactions entered into after the date on which those paragraphs come into force, except that-- (a) references in paragraph 9 to a controlled benefit do not include references to a controlled donation; (b) in paragraph 9(2)(b)(i) the words "and in the same calendar year" are omitted; (c) the requirement in paragraph 9(7), 10(1)(b) or 11(1)(b) is a requirement to deliver the report within the period of 60 days beginning with the date on which that provision comes into force. (2) An existing transaction is a controlled transaction which, at the date on which paragraphs 9 to 11 come into force, has not come to an end for the purposes of paragraph 11(3)(c). Register of recordable transactions15 (1) Section 71V applies in relation to transactions reported to the Commission under this Schedule ("relevant transactions") as it applies to transactions reported to them under Part 4A of this Act. (2) But in its application in accordance with sub-paragraph (1), section 71V(2) has effect in relation to a relevant transaction as if (instead of requiring the register to contain the details mentioned in paragraphs (a) to (c) of that subsection) it required the register to contain such details as have been given in relation to the transaction in pursuance of paragraph 9(8) and (9), 10(2), (3) and (4) or 11(6) and (7). 16 (1) Paragraph 9 does not apply to holders of a relevant elective office. (2) Sub-paragraph (3) applies in relation to transactions in which a holder of a relevant elective office is a participant if-- (a) the relevant body has in place arrangements requiring the holder of the office to report such transactions, and (b) the Commission think that the arrangements correspond to the requirements of paragraph 9. (3) The Commission must make such arrangements as they think appropriate corresponding to section 71V (subject to such modifications as may be prescribed by the Secretary of State in regulations) to maintain a register of such information as they receive relating to such transactions. (4) In sub-paragraph (2)(a) a relevant body is-- (a) if the holder of a relevant elective office is a member of a body mentioned in paragraphs (a) to (f) of paragraph 1(8) of Schedule 7, that body; (b) if the holder of a relevant elective office is the Mayor of London, the London Assembly; (c) if the holder of a relevant elective office is an elected mayor within the meaning of Part 2 of the Local Government Act 2000, the local authority of which he is the mayor. (5) For the purposes of sub-paragraph (1) it is immaterial whether the transaction is entered into by the holder of the office in that capacity or in his capacity as a member of a registered party. Proceedings under paragraphs 5 and 1217 (1) This paragraph has effect in relation to proceedings on applications under paragraphs 5(4) and 12(4). (2) The court is-- (a) in England and Wales, the county court; (b) in Scotland, the sheriff, and the proceedings are civil proceedings; (c) in Northern Ireland, the county court. (3) The standard of proof is that applicable to civil proceedings. (4) An order may be made whether or not proceedings are brought against any person for an offence under paragraph 8 or 12(1) or (2). (5) An appeal against an order made by the sheriff may be made to the Court of Session. (6) Rules of court may make provision-- (a) with respect to applications or appeals from proceedings on such applications; (b) for the giving of notice of such applications or appeals to persons affected; (c) for the joinder, or in Scotland sisting, of such persons as parties; (d) generally with respect to procedure in such applications or appeals. (7) Sub-paragraph (6) does not affect any existing power to make rules. " 100 In section 156(4) (provision about subordinate legislation), after paragraph (i) insert-- " (ia) paragraph 2(9) or 4(4) of Schedule 7A, " . 101 In Schedule 20 (penalties), after the entry relating to paragraph 14(5) of Schedule 7 insert--
102 (1) The Secretary of State must not make an order under section 77 for the purposes of paragraph 16 of Schedule 7A to the 2000 Act (as inserted by paragraph 99) as it applies to the holders of a relevant elective office unless he is informed by the Commission that they are satisfied that they will receive the information mentioned in paragraph 16(3) of that Schedule (as so inserted) in relation to such holders of relevant elective office. (2) In sub-paragraph (1) references to the holder of a relevant elective office must be construed in accordance with Schedule 7 to the 2000 Act. Part 7 MiscellaneousThe Family Law Reform Act 1969 (c. 46)103 In Schedule 2 to the Family Law Reform Act 1969 (provisions unaffected by section 1 to that Act), in paragraph 2, the words "section 7 of the Parliamentary Elections Act 1695" are omitted. The 1983 Act104 The 1983 Act is amended in accordance with paragraphs 105 to 133. 105 In section 10 (maintenance of registers: annual canvass), in subsection (4B) for "any incapacity" substitute "blindness or any other disability". 106 In section 10A (maintenance of registers: registration of electors), in subsection (1B) for "any incapacity" substitute "blindness or any other disability". 107 (1) Section 29 (payments by and to returning officer), as proposed to be amended by paragraph 6(3) of Schedule 21 to the 2000 Act, is amended as follows. (2) For subsections (3) to (6) substitute-- " (3) A returning officer shall be entitled to recover his charges in respect of services rendered, or expenses incurred, for or in connection with a parliamentary election if-- (a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and (b) the total of his charges does not exceed the amount ("the overall maximum recoverable amount") specified in, or determined in accordance with, regulations made by the Commission, with the consent of the Treasury, for the purposes of this subsection. (4) Regulations under subsection (3) may specify, or make provision for determining in accordance with the regulations, 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-- (a) more than the overall maximum recoverable amount, or (b) more than the specified maximum recoverable amount for any specified services or expenses, if the Commission are satisfied that the conditions in subsection (6) are met. (6) The conditions referred to in subsection (5) are-- (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. " 108 In section 31(2) (polling districts at local government elections in Scotland), for "section 18" substitute "section 18A". 109 In section 53 (power to make regulations as to registration etc.), after subsection (3) insert-- " (4) Provision may also be made by regulations-- (a) for the supply of any such record or special list as is mentioned in subsection (1) above to such persons as are prescribed; (b) with respect to any conditions subject to which the supply is made; (c) making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale) for a person to fail to comply with any such condition. " 110 In section 58 (registration appeals: Northern Ireland), in subsection (1), after "except" insert "subsection (1)(aa) and (ab),". 111 In section 73 (payment of expenses through election agent), in subsection (5)(d) for "section 90A(5)(b)" substitute "section 90ZA(5)". 112 (1) In section 74A (expenses incurred otherwise than for election purposes) is amended as follows. (2) In subsection (1)(b) for "section 90A(1)" substitute "section 90ZA(1)". (3) In subsection (2) omit "(determined in accordance with section 90B below)". (4) In subsection (3) for "sections 90A to" substitute "sections 90ZA and". 113 In section 75 (prohibition of expenses not authorised by election agent), for subsection (4) substitute-- " (4) A copy of every return and declaration made under subsection (2) above in relation to a parliamentary election in England, Wales or Northern Ireland must be sent to the relevant officer within 21 days after the day on which the result of the election is declared by the person making the return or declaration. (4A) The relevant officer is-- (a) in relation to England and Wales, the returning officer; (b) in relation to Northern Ireland, the Clerk of the Crown for Northern Ireland. (4B) The returning officer must forward to the relevant registration officer (within the meaning of rule 55 of the parliamentary elections rules) every document sent to him in pursuance of subsection (4) above. (4C) Rule 57 of those rules applies to any documents sent under this section to-- (a) the relevant registration officer, or (b) the Clerk of the Crown for Northern Ireland. " 114 In section 81(9) (returns as to election expenses)-- (a) for "subsection (3)" substitute "subsection (3A)", and (b) the words "of each such matter" are omitted. 115 In section 89(1A) (inspection of return containing statement of donations), for "section 81(3)(e) above" substitute "paragraph 10 of Schedule 2A to this Act". 116 In section 90 (election expenses at elections where election agent not required), in subsection (1)(a) for "sections 90A(5)" substitute "sections 90ZA(4)". 117 In section 90C (property, goods and services provided free of charge or at a discount), in subsection (2) for "section 90A(3) above" substitute "Part 2 of Schedule 4A to this Act". 118 (1) Section 90D (modification of election expenses provisions relating to election of London Assembly members) is amended as follows. (2) In the title, for "sections 90A to" substitute "sections 90ZA and". (3) In subsection (1) for "Sections 90A to" substitute "Sections 90ZA and". (4) In subsection (2)(b) for "section 90A(4)" substitute "section 90ZA(3)". (5) In subsection (3)-- (a) for "section 90A" substitute "section 90ZA"; (b) for "subsection (5)" substitute "subsection (6)"; (c) the substituted subsection there set out is renumbered as subsection (6). 119 In section 118 (interpretation of Part 2), in the definition of "election expenses" for "sections 90A" substitute "sections 90ZA". 120 (1) Section 160 (persons reported personally guilty of corrupt or illegal practices) is amended as follows. (2) In subsection (4A) after "section 60" insert "or 62A". (3) In subsection (5A) after "Subject" insert "to subsection (5B) below and". (4) After subsection (5A) insert-- " (5B) Subsection (5A) above, in its application to a candidate or other person reported personally guilty of a corrupt practice under section 62A above, has effect as if the references in it to public office did not include references to the office of councillor for a local government area in Scotland. " 121 In section 168 (prosecutions for corrupt practice), in subsection (1)(a)(i) after "section 60" insert "or 62A". 122 In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) after "section 60" insert "or 62A". 123 (1) Section 173A (incapacity to hold public or judicial office in Scotland) is amended as follows. (2) In subsection (1) after "Subject" insert "to subsection (3) and". (3) After subsection (2) insert-- " (3) Subsection (1) above, in its application to a person convicted of a corrupt practice under section 62A above, has effect as if the references in it to public office did not include references to the office of councillor for a local government area in Scotland. " 124 In section 187 (application of Act to certain local elections) in subsection (1)(a) after "60" insert ", 62A". 125 In section 191 (municipal elections in the City), in subsection (1)(a) for "and 61" substitute ", 61 and 62A". 126 In section 193 (personation and other voting offences), in paragraph (a) for "and 61" substitute ", 61 and 62A". 127 In section 197 (candidate's expenses: ward, and liverymen in common hall, elections), in subsection (3) for the words from "An order under this subsection" to the end substitute-- " The power to make an order under this subsection is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. " 128 (1) Section 202(1) (general interpretation) is amended as follows. (2) Omit the definition of "absent voters list". (3) After the definition of "parliamentary election petition" insert-- " "the postal voters list" means-- (a) in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post have been granted); (b) in relation to Northern Ireland, the list of persons kept in pursuance of section 7(4)(a) of the Representation of the People Act 1985 (persons whose applications to vote by post have been granted); "the proxy postal voters list" means-- (a) in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 7(8) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post as proxy have been granted); (b) in relation to Northern Ireland, the list of persons kept in pursuance of section 9(9) of the Representation of the People Act 1985 (persons whose applications to vote by post as proxy have been granted). " 129 (1) Rule 6A of Schedule 1 (nomination papers: registered political parties) is amended as follows. (2) In paragraph (1) for "voters" substitute "electors". (3) In paragraph (2) after "paragraph (1)" insert "or (1B)". 130 In rule 12(3A) of that Schedule (decisions as to validity of nomination papers) after "rule 6A(1)" insert "or (1B)". 131 In rule 14(5) of that Schedule (statement of persons nominated: documents to be sent to Electoral Commission) after "rule 6A" insert "(1) or (1B)". 132 For rule 36 of that Schedule (challenge of voter) substitute-- " 36 A person shall not be prevented from voting by reason only that-- (a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or (b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence. " 133 The amendments made by paragraphs 111, 112, 114, 117 and 119 do not apply to a local government election in Scotland. The Representation of the People Act 1985 (c. 50)134 In section 6 of the Representation of the People Act 1985 (absent vote at parliamentary elections for an indefinite period), in subsection (2)(b) for "physical incapacity" substitute "disability". 135 (1) Schedule 1 to that Act (special polling stations in Northern Ireland) is amended as follows. (2) In paragraph 1(6) (right to vote at special polling stations) for "section 18" substitute "section 18A". (3) Paragraph 7(2) (application of rules regarding ballot papers after election) is omitted. The Caldey Island Act 1990 (c. 44)136 In section 4(1) of the Caldey Island Act 1990 (savings) for "sections 18" substitute "sections 18A". The Representation of the People Act 2000 (c. 2)137 (1) Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) is amended as follows.138 (2) In paragraph 1(1) omit the definition of "absent voters list". (3) In paragraph 2-- (a) in sub-paragraph (7), for the words from "if he is shown" to "as so entitled" substitute "if sub-paragraph (8) or (9) (as the case may be) applies to him in relation to the election"; (b) after sub-paragraph (7) insert-- " (8) This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 5(2) below as entitled to vote by post at an election. (9) This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 5(3) below as entitled to vote by proxy at an election. " (4) In paragraph 3(3)(b) after "by reason of" insert "blindness or other disability or, in the case of local government elections in Scotland, by reason of". (5) In paragraph 5(1) for "a special list ("the absent voters list") consisting of the two" substitute "the two special". (6) In paragraph 5(2) after "list" insert "("the postal voters list")". (7) In paragraph 7(8) after "list" insert "("the proxy postal voters list")". The 2000 Act138 The 2000 Act is amended as follows. 139 In section 3 (appointment of Electoral Commissioners and Commission chairman), in subsection (4)(d) after sub-paragraph (iii) insert " , or (iv) been named as a participant in the register of recordable transactions reported under Part 4A. " 140 In section 24 (office-holders to be registered), in subsection (4), for paragraph (a) substitute-- " (a) with the provisions of Parts 3, 4 and 4A (accounting requirements and control of donations, loans and certain other transactions) " . 141 In section 27 (financial structure of registered parties: accounting units), in subsection (2)(a) for "Parts III and IV" substitute "Parts 3, 4 and 4A". 142 In section 29 (registration of party emblems), in subsection (2) after paragraph (c) insert-- " (ca) would be likely, were it to appear on a ballot paper issued at an election-- (i) to result in an elector being misled as to the effect of his vote, or (ii) to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere, " . 143 (1) Section 34 (registration of minor parties) is amended as follows. (2) In subsection (3) for "three months" substitute "six months". (3) In subsection (8), in paragraph (c)(i), after "sections 28(4) to (8)" insert ", 28A". 144 (1) Section 50 (definition of donations for the purposes of Part 4) is amended as follows. (2) In subsection (2), omit paragraph (e). (3) In subsection (4)-- (a) omit paragraph (a); (b) in the words following paragraph (b), omit "the loan or". 145 In section 52 (payments, services etc. not to be regarded as donations), in subsection (2)(b) omit "except for the purposes of section 68,". 146 (1) Section 53(4) (value of donations) is amended as follows. (2) For "section 50(2)(e) or (f)" substitute "section 50(2)(f)". (3) In paragraph (a)-- (a) omit "the loan or"; (b) omit sub-paragraph (i) and the "or" following it. 147 In section 55(2) (payments from public funds to be treated as donations received from a permissible donor), for "section 52(1)(a) and (b)" substitute "section 52(1)(b)". 148 (1) Section 62 (quarterly donation reports) is amended as follows. (2) After subsection (3) insert-- " (3A) "Relevant benefit", in relation to any person and any year, means-- (a) a relevant donation accepted by the party from that person as a donor, or (b) a relevant transaction within the meaning of section 71M(3) entered into by the party and that person as a participant, and a relevant benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction). " (3) In subsection (4)-- (a) for "donation or donations" (in both places) substitute "benefit or benefits"; (b) after "this subsection" insert "or section 71M(4)"; (c) in paragraph (b) for "donations" substitute "benefits". (4) In subsection (5), in paragraph (b)-- (a) for "as part of" substitute "together with any other relevant donation or donations included in"; (b) for "donation" (in the second place) substitute "benefit"; (c) for "is accepted" substitute "accrues". (5) In subsection (6)-- (a) for "donation or donations" (in the first four places) substitute "benefit or benefits"; (b) after "subsection (4)" (in the first place) insert "or section 71M(4)"; (c) in paragraph (a), for "subsection (4)" substitute "that provision"; (d) in paragraph (b), after "this subsection" insert "or section 71M(6)"; (e) for the words following paragraph (b) substitute "any relevant donation falling within subsection (6A)". (6) After subsection (6) insert-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 -- Back --
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