Electoral Administration Act 2006 (c. 22)

(The document as of February, 2008)

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(b) where that rate is to be determined under the agreement, a statement of how it is to be so determined.

(4) The report must state whether the agreement contains a provision which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility.

(5) The report must state whether any form of security is given in respect of the loan or the sums advanced under the facility.

7 (1) In relation to each recordable transaction of a description mentioned in section 71F(4)(b), a quarterly or weekly report must give the following details about the transaction.

(2) The report must--

(a) if the transaction mentioned in section 71F(4)(a) is a regulated transaction, identify that transaction by reference to the transaction report in which it is recorded;

(b) in any other case, give a description of the principal features of that transaction.

(3) Where the security given consists in or includes rights over any property, the report must state the nature of that property.

(4) The report must--

(a) if the person giving the security receives from the registered party any consideration for giving the security, give a statement of that consideration;

(b) in any other case, state that no such consideration is received.

8 (1) For the purposes of paragraph 5(4) as it applies to a quarterly report, the relevant date for a transaction is--

(a) if the transaction is within section 71M(4)(a) or (7)(a), the date when the transaction was entered into by the party or the accounting unit;

(b) if the transaction is within section 71M(4)(b) or (7)(b), the date when the party or the accounting unit entered into the transaction which caused the aggregate amount in question to be more than the limit specified in that provision.

(2) For the purposes of paragraph 5(4) as it applies to a weekly report, the relevant date for a transaction is the date when the transaction was entered into by the party or its central organisation as mentioned in section 71Q(3).

Other details

9 (1) The Secretary of State may by order amend paragraphs 2 to 7 so as to vary the details which a quarterly or weekly report must give about a transaction.

(2) The Secretary of State must not make an order under sub-paragraph (1) unless he first consults the Commission. "

(6) In Schedule 20 to that Act (penalties), after the entry relating to section 71E(5) (as inserted by paragraph 2 of Schedule 1 to the Northern Ireland (Miscellaneous Provisions) Act 2006) insert--

" Section 71L(1) (registered party entering into regulated transaction with unauthorised participant)	On summary conviction: statutory maximum On indictment: fine
Section 71L(2) (treasurer of party entering into regulated transaction with unauthorised participant)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year
Section 71L(3) (party liable if treasurer fails to repay money obtained under regulated transaction with unauthorised participant)	On summary conviction: statutory maximum On indictment: fine
Section 71L(4) (treasurer failing to repay money obtained under regulated transaction with unauthorised participant)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year
Section 71L(5) (party benefiting from connected transaction to which an unauthorised participant is a party)	On summary conviction: statutory maximum On indictment: fine
Section 71L(6) (treasurer of registered party which benefits from connected transaction to which an unauthorised participant is a party)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year
Section 71L(7) (party liable if treasurer fails to repay benefit obtained in consequence of security given by unauthorised participant)	On summary conviction: statutory maximum On indictment: fine
Section 71L(8) (treasurer failing to repay benefit obtained in consequence of security given by unauthorised participant)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year
Section 71L(9) (facilitating a regulated transaction involving unauthorised participant)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year
Section 71S(4) (failure to deliver transaction reports to Commission within time limits)	On summary conviction: Level 5
Section 71S(5) (failure to comply with requirements for recording transactions in transaction report)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year
Section 71T(5) (making a false declaration about transaction report)	On summary conviction: statutory maximum or 12 months On indictment: fine or 1 year. "

(7) Part 6 of Schedule 1 amends the 2000 Act for the purpose of controlling loans and certain other transactions involving individuals and members associations.

62 Regulation of loans: power to make provision for candidates, third parties and referendums

(1) The Secretary of State may by order make in relation to a relevant matter such provision as he thinks appropriate which corresponds to or is similar to any provision of Part 4A of or Schedule 7A to the 2000 Act (the relevant transaction provisions).

(2) A relevant matter is a loan, credit facility or any form of security (whether real or personal) which benefits--

(a) a candidate at an election;

(b) a recognised third party;

(3) An order under this section may--

(a) amend or repeal any enactment (whenever passed);

(b) create an offence corresponding or similar to any offence created by the relevant transaction provisions;

(c) confer power on the Secretary of State to make provision by order corresponding to any such power in the relevant transaction provisions;

(d) make different provision for different purposes;

(e) make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.

(4) An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order--

(a) to be made by statutory instrument;

(b) not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.

(5) Subsection (4) does not apply to any power to make provision determining a rate of interest.

(6) The power to make an order under this section is exercisable by statutory instrument.

(7) No such order may be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.

(8) In this section--

"candidate" has the same meaning as in Part 2 of the 1983 Act;
"credit facility" must be construed in accordance with section 71F(11) of the 2000 Act;
"election" has the same meaning as in section 202 of the 1983 Act;
"permitted participant" has the same meaning as in Part 7 of the 2000 Act;
"recognised third party" has the same meaning as in Part 6 of that Act.

(9) An order under this section must not make provision which is within the legislative competence of the Scottish Parliament.

(10) Subsection (9) does not apply to provision made by virtue of subsection (3)(e).

63 Regulation of loans etc: Northern Ireland

(1) The Secretary of State may, after consulting the Electoral Commission, by order make provision relating to regulated transactions, controlled transactions or relevant matters which corresponds to or is similar to any provision ("relevant provision") relating to donations for political purposes which is made by, or which may be made under, the Northern Ireland (Miscellaneous Provisions) Act 2006 ("the 2006 Act").

(2) But if a relevant provision has effect, or would have effect, subject to a temporal limitation, a provision of an order under this section which corresponds to or is similar to the relevant provision must be subject to the same temporal limitation.

(3) An order under this section may in particular--

(a) amend, repeal or revoke any provision made by or under an Act of Parliament or Northern Ireland legislation (whenever passed or made);

(b) create an offence corresponding or similar to any offence relating to donations for political purposes created by the 2006 Act;

(c) confer power on the Secretary of State to make provision by order corresponding or similar to any such power relating to donations for political purposes conferred by the 2006 Act;

(d) make different provision for different purposes;

(e) make such supplemental, incidental, consequential, transitional or savings provision as the Secretary of State thinks necessary or expedient in connection with the order.

(4) An order under this section which confers power to make an order by virtue of subsection (3)(c) must require the order--

(a) to be made only after consulting the Electoral Commission;

(b) to be made by statutory instrument; and

(c) not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

(5) The power to make an order under this section is exercisable by statutory instrument.

(6) No such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

(7) In this section--

"regulated transaction" has the same meaning as in Part 4A of the 2000 Act (see section 71F of that Act);
"controlled transaction" has the same meaning as in Schedule 7A to that Act (see paragraphs 1 and 2 of that Schedule);
"relevant matter" has the same meaning as in section 62 of this Act (see subsection (2) of that section).

Campaign expenditure

64 Campaign expenditure: standing for more than one party

(1) Schedule 9 to the 2000 Act (limits on campaign expenditure) is amended as follows.

(2) In paragraph 5 (general elections to Scottish Parliament) after sub-paragraph (2) insert--

" (2A) Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.

(2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A). "

(3) In paragraph 6 (ordinary elections to National Assembly for Wales) after sub-paragraph (2) insert--

(4) In paragraph 7 (general elections to Northern Ireland Assembly) after sub-paragraph (2) insert--

(2B) In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A). "

65 Time limit for claims in respect of campaign expenditure

(1) In section 77 of the 2000 Act (restriction on making claims in respect of campaign expenditure)--

(a) in subsection (1), for "21 days" substitute "30 days";

(b) in subsection (2), for "42 days" substitute "60 days".

(2) In section 92 of that Act (restriction on making claims in respect of certain expenditure by third parties)--

(a) in subsection (1), for "21 days" substitute "30 days";

(b) in subsection (2), for "42 days" substitute "60 days".

(3) In section 115 of that Act (restriction on making claims in respect of referendum expenditure)--

(a) in subsection (1), for "21 days" substitute "30 days";

(b) in subsection (2), for "42 days" substitute "60 days".

Referendum and election material

66 Details to appear on referendum and election material

(1) In section 126 of the 2000 Act (details to appear on referendum material), after subsection (10) insert--

" (10A) Subsection (1) does not apply to any material published for the purposes of a referendum if the publication is required under or by virtue of any enactment. "

(2) In section 143 of the 2000 Act (details to appear on election material), after subsection (2) insert--

" (2A) For the purposes of subsection (2)(c), election material to which subsection (2B) applies--

(a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing his electoral success or standing, but

(b) may be regarded as being published on behalf of the party mentioned in subsection (2B).

(2B) This subsection applies to election material which can be reasonably regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election. "

Part 8 Miscellaneous

Election services

67 Performance of local authorities in relation to elections etc.

After section 9 of the 2000 Act insert--

" 9A Setting of performance standards

(1) The Commission may from time to time--

(a) determine standards of performance for relevant officers, and

(b) publish, in such form and in such manner as they consider appropriate, the standards so determined.

(2) The standards of performance are such standards as the Commission think ought to be achieved by--

(a) electoral registration officers in the performance of their functions;

(b) returning officers in the administration of the elections specified in subsection (6);

(3) Before determining standards under subsection (1), the Commission must consult--

(a) the Secretary of State, and

(b) any other person they think appropriate.

(4) The Commission may determine different standards for different descriptions of relevant officers.

(5) When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.

(6) The elections specified in this subsection are--

(a) an election mentioned in section 5(2);

(b) a parliamentary by-election;

(d) an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats);

(e) a local government election in England or Wales.

(7) The referendums specified in this subsection are--

(a) a referendum to which Part 7 applies;

(b) a referendum under Part 2 of the Local Government Act 2000.

(8) For the purposes of this section and sections 9B and 9C, the relevant officers are--

(a) electoral registration officers;

(b) in relation to elections within subsection (6), returning officers;

9B Returns and reports on performance standards

(1) The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) as may be specified in the direction.

(2) A direction under subsection (1)--

(a) must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers),

(b) may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and

(3) A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates.

(4) The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A(1).

(5) An assessment under subsection (4)--

(a) must specify the relevant officer or officers to whom it relates;

(b) must specify the period to which it relates;

(6) The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates.

(7) Before publishing an assessment under subsection (4), the Commission shall--

(a) provide to each relevant officer a copy of those parts of the assessment which relate to him;

(b) have regard to any comments made by him regarding the factual accuracy of the assessment.

9C Provision of information about expenditure on elections etc.

(1) The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction.

(2) Expenditure information is information relating to--

(a) in the case of an electoral registration officer, expenditure in connection with the performance of his functions;

(b) in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A(6) for which he is appointed or otherwise holds office;

(c) in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A(7) for which he is appointed.

(3) A direction under subsection (1)--

(a) may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction;

(b) may require the information to be provided in a form specified in the direction;

(4) This section does not affect any other power of the Commission to request information. "

68 Funding of services and expenses of returning officers

(1) Section 29 of the 1983 Act (payments by and to returning officer) is amended as follows.

(2) For subsections (3) to (4B) 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, an order made by the Secretary of State for the purposes of this subsection.

(3A) An order under subsection (3) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (3B) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(3B) The Secretary of State may, in a particular case, 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 he is satisfied that the conditions in subsection (3C) are met.

(3C) The conditions referred to in subsection (3B) 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. "

(3) In subsection (9), for "subsections (3) and (4)" substitute "subsection (3)".

(4) This section ceases to have effect if, before it is brought into force, paragraph 6(3) of Schedule 21 to the 2000 Act is brought into force.

Encouraging electoral participation

69 Encouraging electoral participation

(1) A local electoral officer must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area for which he acts.

(2) A local electoral officer must have regard to any guidance issued by the Electoral Commission for the purposes of this section.

(3) This section does not permit an electoral registration officer to undertake any activity in relation to a local government election in Scotland unless the activity relates to a matter falling within Section B3 (elections) of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters).

(4) The Secretary of State may reimburse a local electoral officer in respect of any expenditure incurred by the officer for the purposes of this section.

(5) The amount paid under subsection (4) must not in any year exceed such amount as is determined in accordance with regulations made by the Secretary of State.

(6) The power to make regulations under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The regulations may make different provision for different purposes.

(8) A local electoral officer is--

(a) an electoral registration officer;

(b) a returning officer for an election mentioned in subsection (9).

(9) These are the elections--

(a) parliamentary elections;

(b) local government elections in England and Wales and Northern Ireland;

(d) elections to the Scottish Parliament;

(e) elections to the Northern Ireland Assembly;

(f) elections to the National Assembly for Wales.

(10) References to a local government election must be construed in accordance with the 1983 Act.

Criminal proceedings

70 Time limit for prosecutions

(1) In section 176 of the 1983 Act (time limit for prosecution of offences) after subsection (2) insert--

" (2A) A magistrates' court in England and Wales may act under subsection (2B) if it is satisfied on an application by a constable or Crown Prosecutor--

(a) that there are exceptional circumstances which justify the granting of the application, and

(b) that there has been no undue delay in the investigation of the offence to which the application relates.

(2B) The magistrates' court may extend the time within which proceedings must be commenced in pursuance of subsection (1) above to not more than 24 months after the offence was committed.

(2C) If the magistrates' court acts under subsection (2B), it may also make an order under subsection (2D) if it is satisfied, on an application by a constable or Crown Prosecutor, that documents retained by the relevant registration officer in pursuance of rule 57 of the parliamentary elections rules may provide evidence relating to the offence.

(2D) An order under this subsection is an order--

(a) directing the relevant registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 57, and

(b) extending the period for which he is required to retain them under that rule by such further period not exceeding 12 months as is specified in the order.

(2E) The making of an order under subsection (2D) does not affect any other power to require the retention of the documents.

(2F) An application under this section must be made not more than one year after the offence was committed.

(2G) Any party to--

(a) an application under subsection (2A), or

(b) an application under subsection (2C),

who is aggrieved by the refusal of the magistrates' court to act under subsection (2B) or to make an order under subsection (2D) (as the case may be) may appeal to the Crown Court. "

(2) In Schedule 1 to that Act, in rule 57(1) (retention and public inspection of documents) for "or the High Court" substitute ", the High Court, the Crown Court or a magistrates' court".

71 Restriction on powers of arrest by persons other than constables

Section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant: other persons) does not permit a person other than a constable to arrest inside a polling station a person who commits or is suspected of committing an offence under section 60 of the 1983 Act (personation).

Pre-consolidation amendments

72 Pre-consolidation amendments

(1) The Secretary of State may by order make such amendments of the enactments relating to the representation of the people as in his opinion facilitate or are otherwise desirable in connection with the consolidation of some or all of those enactments.

(2) The enactments relating to the representation of the people are--

(a) the Representation of the People Act 1983 (c. 2);

(b) the Representation of the People Act 1985 (c. 50);

(d) the Representation of the People Act 1993 (c. 29);

(e) the Representation of the People Act 2000 (c. 2);

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