Statutory Instrument 2004 No. 1961

The Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2004 No. 1961

DEVOLUTION, ENGLAND

REFERENDUMS

REPRESENTATION OF THE PEOPLE

The Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004

	Made	23rd July 2004
	Coming into force	24th July 2004

Whereas the Secretary of State has consulted the Electoral Commission in accordance with section 12(4) of the Regional Assemblies (Preparations) Act 2003[1], and sought and had regard to the views of the Electoral Commission in accordance with paragraph 2 of Schedule 14 to the Political Parties, Elections and Referendums Act 2000[2];

    Now therefore the Secretary of State, in exercise of the powers conferred upon him by section 2(9) of the Regional Assemblies (Preparations) Act 2003 and paragraph 2 of Schedule 14 to the Political Parties, Elections and Referendums Act 2000 (including that paragraph as applied to referendums held pursuant to section 2(2) of the Regional Assemblies (Preparations) Act 2003[3]), hereby makes the following Order, of which a draft has been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and application
    1. - (1) This Order may be cited as the Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004 and shall come into force on the day after that on which it is made.

    (2) This Order applies to Regional Assembly referendums and to local government referendums, at which the polls are taken together, in the regions specified in articles 3 to 5.

Interpretation
    2.In this Order - 

"the PPER Act" means the Political Parties, Elections and Referendums Act 2000[4] as modified by the Regional Assembly and Local Government Referendums Order 2004[5];

"local government referendums" means referendums held pursuant to an order made under section 2(2) of the Regional Assemblies (Preparations) Act 2003[6];

"North West region", "North East region" and "Yorkshire and the Humber region" have the same meaning as in Schedule 1 to the Regional Development Agencies Act 1998[7];

"Regional Assembly referendum" means a referendum held pursuant to an order made under section 1(1) of the Regional Assemblies (Preparations) Act 2003;

"relevant percentage" has the meaning given by article 6;and other expressions have the same meaning in this Order as in the PPER Act[8].

Limits on referendum expenses by permitted participants in the North West region
    3. - (1) This article applies in relation to a Regional Assembly referendum in the North West region, and all local government referendums in that region at which the polls are taken together with the poll at the Regional Assembly referendum.

    (2) Where the referendum expenses are incurred by or on behalf of an individual or body, and that individual or body is a permitted participant - 

(a) at the Regional Assembly referendum and the local government referendums; or

(b) at the local government referendums only,

the limit on referendum expenses so incurred during the referendum period for such referendums is the aggregate amount prescribed in paragraph (3).

    (3) The amount is - 

(a) £940,000 in the case of a person or body designated under section 108 of the PPER Act;

(b) in the case of a registered party falling within section 105(1)(a) or 105(1A)(a) of the PPER Act but not designated under section 108 of that Act - 


(i) £940,000, if the party's relevant percentage exceeds 30 per cent,

(ii) £750,000, if the party's relevant percentage is more than 20 per cent but not more than 30 per cent,

(iii) £565,000, if the party's relevant percentage is more than 10 per cent but not more than 20 per cent,

(iv) £375,000, if the party's relevant percentage is more than 5 per cent but not more than 10 per cent,

(v) £100,000, if the party's relevant percentage is not more than 5 per cent or if it has no relevant percentage; and



(c) £100,000 in the case of an individual or body falling within section 105(1)(b) or 105(1A)(b) of the PPER Act but not designated under section 108 of that Act.

Limits on referendum expenses by permitted participants in the North East region
    4. - (1) This article applies in relation to a Regional Assembly referendum in the North East region, and all local government referendums in that region at which the polls are taken together with the poll at the Regional Assembly referendum.

    (2) Where the referendum expenses are incurred by or on behalf of an individual or body, and that individual or body is a permitted participant - 

(a) at the Regional Assembly referendum and the local government referendums; or

(b) at the local government referendums only,

the limit on referendum expenses so incurred during the referendum period for such referendums is the aggregate amount prescribed in paragraph (3).

    (3) The amount is - 

(a) £665,000 in the case of a person or body designated under section 108 of the PPER Act;

(b) in the case of a registered party falling within section 105(1)(a) or 105(1A)(a) of the PPER Act but not designated under section 108 of that Act - 


(i) £665,000, if the party's relevant percentage exceeds 30 per cent,

(ii) £530,000, if the party's relevant percentage is more than 20 per cent but not more than 30 per cent,

(iii) £400,000, if the party's relevant percentage is more than 10 per cent but not more than 20 per cent,

(iv) £265,000, if the party's relevant percentage is more than 5 per cent but not more than 10 per cent,

(v) £100,000, if the party's relevant percentage is not more than 5 per cent or if it has no relevant percentage; and



(c) £100,000 in the case of an individual or body falling within section 105(1)(b) or 105(1A)(b) of the PPER Act but not designated under section 108 of that Act.

Limits on referendum expenses by permitted participants in the Yorkshire and the Humber region
    5. - (1) This article applies in relation to a Regional Assembly referendum in the Yorkshire and the Humber region, and all local government referendums in that region at which the polls are taken together with the poll at the Regional Assembly referendum.

    (2) Where the referendum expenses are incurred by or on behalf of an individual or body, and that individual or body is a permitted participant - 

(a) at the Regional Assembly referendum and the local government referendums; or

(b) at the local government referendums only,

the limit on referendum expenses so incurred during the referendum period for such referendums is the aggregate amount prescribed in paragraph (3).

    (3) The amount is - 

(a) £820,000 in the case of a person or body designated under section 108 of the PPER Act;

(b) in the case of a registered party falling within section 105(1)(a) or 105(1A)(a) of the PPER Act but not designated under section 108 of that Act - 


(i) £820,000, if the party's relevant percentage exceeds 30 per cent,

(ii) £655,000, if the party's relevant percentage is more than 20 per cent but not more than 30 per cent,

(iii) £490,000, if the party's relevant percentage is more than 10 per cent but not more than 20 per cent,

(iv) £330,000, if the party's relevant percentage is more than 5 per cent but not more than 10 per cent,

(v) £100,000, if the party's relevant percentage is not more than 5 per cent or if it has no relevant percentage; and



(c) £100,000 in the case of an individual or body falling within section 105(1)(b) or 105(1A)(b) of the PPER Act but not designated under section 108 of that Act.

Relevant percentage
    6.For the purposes of this Order - 

(a) a registered party has a relevant percentage in relation to referendums in a region to which articles 3 to 5 apply if, at the last European Parliamentary election taking place before the referendums, votes were cast in the region in question for that registered party; and

(b) the amount of its relevant percentage is equal to the percentage of the total number of votes cast for all registered parties and individual candidates in the region at that election which is represented by the total number of votes cast for that registered party.

Signed by authority of the Secretary of State


Nick Raynsford
Minister of State Office of the Deputy Prime Minister

23rd July 2004

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EXPLANATORY NOTE

(This note is not part of the Order)

Sections 1 and 2 of the Regional Assemblies (Preparations) Act 2003 provide for the holding of referendums about the establishment of Elected Regional Assemblies and the reorganisation of local government to a single-tier in those areas that have both district and county councils.

This Order prescribes limits for referendum expenses incurred by permitted participants in Regional Assembly referendums and such local government referendums in the North West, North East and Yorkshire and the Humber regions. A permitted participant is a registered party, individual or body that has made the appropriate declaration or notification under section 105 of the Political Parties, Elections and Referendums Act 2000, as applied and modified by the Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004 No.1962 ).

Article 3 specifies the maxima allowed in the North West region.

Article 4 specifies the maxima allowed in the North East region.

Article 5 specifies the maxima allowed in the Yorkshire and the Humber region.

The limit for individuals or bodies that are not registered parties or designated organisations is £100,000. No permitted participant under this Order may incur more than £940,000 by way of referendum expenses in a region (the North West region).

Article 6 provides that for registered parties, which are not designated organisations, the sums are determined by reference to share of the vote in the region of the registered party concerned at the last European Parliamentary election held before such a referendum.

This Order accords with the views of the Electoral Commission.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies.

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Notes:

[1] 2003 c. 10.back

[2] 2000 c. 41.back

[3] For the modification of paragraph 2 of Schedule 14 of the Political Parties, Elections and Referendums Act 2000 and its application to such referendums see the Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), article 7 and Part 2 of Schedule 3.back

[4] 2000 c. 41.back

[5] S.I. 2004/1962.back

[6] 2003 c. 10.back

[7] 1998 c. 45.back

[8] See in particular, the definitions of "permitted participants" in section 105(1) and (1A), and of "referendum expenses" in section 111(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41) as applied and modified by the Regional Assembly and Local Government Referendums Order 2004 (S.I. 20004/1962), Schedule 3.back

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ISBN 0 11 049618 3

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