|
| |
|
(4) | Section 22 of the 2000 Act (parties to be registered in order to field candidates |
| |
at elections) is amended in accordance with subsections (5) and (6). |
| |
| |
(a) | in paragraph (a), for “on the last day for publication of notice of the |
| |
election” substitute “on the day (“the relevant day”) which is two days |
| 5 |
before the last day for the delivery of nomination papers at that |
| |
| |
(b) | in paragraph (b), for “on that day” substitute “on the relevant day”. |
| |
(6) | After that subsection insert— |
| |
“(2A) | For the purposes of subsection (2) any day falling within rule 2(1) of the |
| 10 |
parliamentary elections rules in Schedule 1 to the Representation of the |
| |
People Act 1983 shall be disregarded.” |
| |
| |
51 | Requirements as to statements of account |
| |
(1) | Section 42 of the 2000 Act (annual statement of accounts) is amended as |
| 15 |
| |
(2) | In subsection (4) for paragraph (a) substitute— |
| |
“(a) | according to which of the following bands the gross income or |
| |
total expenditure of a party falls within— |
| |
(i) | not exceeding £25,000; |
| 20 |
(ii) | exceeding £25,000 but not £100,000; |
| |
(iii) | exceeding £100,000 but not £250,000; |
| |
(iv) | exceeding £250,000;”. |
| |
(3) | After that subsection insert— |
| |
“(4A) | The Secretary of State may by order amend subsection (4)(a) by varying |
| 25 |
the number of bands set out in it. |
| |
(4B) | The Secretary of State may not make an order under subsection (4A) |
| |
except to give effect to a recommendation of the Commission.” |
| |
(4) | The amendments made by this section have effect in relation to any financial |
| |
year of a registered party which ends after the coming into force of this section. |
| 30 |
52 | Time for delivery of unaudited accounts to Electoral Commission |
| |
In section 45 of the 2000 Act (delivery of statement of accounts etc. to |
| |
Commission), in subsection (1) for “3 months” substitute “4 months”. |
| |
| |
53 | Policy development grants to be donations |
| 35 |
In section 52 of the 2000 Act (payments, services etc. not to be regarded as |
| |
donations), in subsection (1) omit paragraph (a). |
| |
|
| |
|
| |
|
54 | Exemption from requirement to prepare quarterly donation reports |
| |
(1) | After section 62 of the 2000 Act (quarterly donation reports) insert— |
| |
“62A | Exemption from requirement to prepare quarterly reports |
| |
(1) | This section applies if each of four consecutive donation reports |
| |
prepared by the treasurer of a registered party in pursuance of |
| 5 |
subsection (1) of section 62 contains— |
| |
(a) | in the case of a party without accounting units, a statement |
| |
under subsection (10) of that section, or |
| |
(b) | in the case of a party with accounting units, statements under |
| |
subsection (10) of that section in relation to the central |
| 10 |
organisation of the party and each of its accounting units. |
| |
(2) | The treasurer is not required to prepare any further donation reports in |
| |
pursuance of subsection (1) of that section until a recordable |
| |
| |
(a) | is accepted by the registered party, or |
| 15 |
(b) | is dealt with by the registered party in accordance with section |
| |
| |
(3) | A recordable donation is a donation which is required to be recorded |
| |
by virtue of any of subsections (4) to (9) of section 62 (including those |
| |
subsections as applied by subsection (11) of that section). |
| 20 |
(4) | If a recordable donation is accepted or (as the case may be) dealt with |
| |
in accordance with section 56(2), nothing in this section affects the |
| |
operation of section 62 in relation to— |
| |
(a) | the reporting period in which the recordable donation is so |
| |
accepted or dealt with, or |
| 25 |
(b) | any subsequent reporting period which falls before the time (if |
| |
any) when this section again applies in relation to the party. |
| |
(5) | In this section, “donation report” and “reporting period” have the same |
| |
meaning as in section 62.” |
| |
(2) | Section 62A of the 2000 Act (as inserted by subsection (1) above) applies only if |
| 30 |
the last of the reports mentioned in subsection (1) of that section relates to a |
| |
period which falls wholly or partly after the commencement of this section (but |
| |
it is immaterial whether any of the other reports relate to such a period). |
| |
55 | Repeal of section 68 of the 2000 Act |
| |
Section 68 of the 2000 Act (reporting of multiple small donations) is omitted. |
| 35 |
56 | Register of donations to include details of nature of donation |
| |
In section 69 of the 2000 Act (register of recordable donations), in subsection |
| |
(2), after paragraph (a) insert— |
| |
“(aa) | whether the donation is in the form of sponsorship (within the |
| |
meaning of section 51);”. |
| 40 |
|
| |
|
| |
|
57 | Northern Ireland: disapplication of Part 4 of the 2000 Act |
| |
Any reference in the Political Parties, Elections and Referendums Act 2000 |
| |
(Disapplication of Part 4 for Northern Ireland Parties, etc) Order 2005 (S.I. |
| |
2005/299) to a provision of the 2000 Act which is amended by sections 53 to 56 |
| |
must be construed as a reference to that provision as so amended. |
| 5 |
| |
58 | Campaign expenditure: standing for more than one party |
| |
(1) | Schedule 9 to the 2000 Act (limits on campaign expenditure) is amended as |
| |
| |
(2) | In paragraph 5 (general elections to Scottish Parliament) after sub-paragraph |
| 10 |
| |
“(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 |
| 15 |
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- |
| 20 |
| |
“(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 |
| 25 |
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).” |
| |
(4) | In paragraph 7 (general elections to Northern Ireland Assembly) after sub- |
| 30 |
| |
“(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 |
| 35 |
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).” |
| |
59 | Time limit for claims in respect of campaign expenditure |
| 40 |
(1) | In section 77 of the 2000 Act (restriction on making claims in respect of |
| |
| |
|
| |
|
| |
|
(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”; |
| 5 |
(b) | in subsection (2), for “42 days” substitute “60 days”. |
| |
(3) | In section 115 of that Act (restriction on making claims in respect of |
| |
| |
(a) | in subsection (1), for “21 days” substitute “30 days”; |
| |
(b) | in subsection (2), for “42 days” substitute “60 days”. |
| 10 |
Referendum and election material |
| |
60 | Details to appear on referendum and election material |
| |
(1) | In section 126 of the 2000 Act (details to appear on referendum material), after |
| |
| |
“(10A) | Subsection (1) does not apply to any material published for the |
| 15 |
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 |
| |
| |
“(2A) | For the purposes of subsection (2)(c), election material— |
| 20 |
(a) | is not to be regarded as being published on behalf of a candidate |
| |
on a party list merely because the material can be reasonably |
| |
regarded as promoting, procuring or enhancing the candidate’s |
| |
electoral success or standing, but |
| |
(b) | may be regarded as being published on behalf of the party. |
| 25 |
(2B) | For the purposes of subsection (2A), a candidate is on a party list if he |
| |
| |
(a) | a list submitted under section 5(1) of the Government of Wales |
| |
| |
(b) | a regional list submitted under section 5(4) of the Scotland Act |
| 30 |
| |
(c) | a list submitted under paragraph 5(1) of Schedule 2 to the |
| |
Greater London Authority Act 1999 (party lists); |
| |
(d) | such a list as is mentioned in section 2(2)(b) of the European |
| |
Parliamentary Elections Act 2002 (voting system in Great |
| 35 |
Britain: list of candidates).” |
| |
|
| |
|
| |
|
| |
| |
Funding for election services |
| |
61 | Performance of local authorities in relation to elections etc. |
| |
After section 9 of the 2000 Act insert— |
| 5 |
“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. |
| 10 |
(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 |
| |
| |
(b) | returning officers in the administration of the elections specified |
| 15 |
| |
(c) | counting officers in the administration of the referendums |
| |
specified in subsection (7). |
| |
(3) | Before determining standards under subsection (1), the Commission |
| |
| 20 |
(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 |
| 25 |
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 |
| |
| |
(6) | The elections specified in this subsection are— |
| |
(a) | an election mentioned in section 5(2); |
| 30 |
(b) | a parliamentary by-election; |
| |
(c) | an election under section 9 of the Scotland Act 1998 |
| |
(constituency vacancies); |
| |
(d) | an election under section 8 of the Government of Wales Act 1998 |
| |
(vacancies in constituency seats); |
| 35 |
(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 |
| 40 |
| |
(a) | electoral registration officers; |
| |
|
| |
|
| |
|
(b) | in relation to elections within subsection (6), returning officers; |
| |
(c) | in relation to referendums within subsection (7), counting |
| |
| |
9B | Returns and reports on performance standards |
| |
(1) | The Commission may from time to time issue directions to relevant |
| 5 |
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 |
| 10 |
(and may specify a description or descriptions of relevant |
| |
| |
(b) | may require the report or reports to relate to such elections or |
| |
referendums (or both) as may be specified in the direction, and |
| |
(c) | may require the report or reports to be provided in a form |
| 15 |
specified in the direction. |
| |
(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 |
| 20 |
performance by relevant officers against the standards determined |
| |
| |
(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; |
| 25 |
(c) | may specify the elections or referendums (or both) to which it |
| |
| |
(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 |
| 30 |
| |
(7) | Before publishing an assessment under subsection (4), the Commission |
| |
| |
(a) | provide to each relevant officer a copy of those parts of the |
| |
assessment which relate to him; |
| 35 |
(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 |
| 40 |
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 |
| 5 |
| |
(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 |
| 10 |
| |
(c) | may specify the time within which the information must be |
| |
| |
(4) | This section does not affect any other power of the Commission to |
| |
| 15 |
62 | Funding of services and expenses of returning officers |
| |
(1) | Section 29 of the 1983 Act (payments by and to returning officer) is amended |
| |
| |
(2) | For subsections (3) to (4B) substitute— |
| |
“(3) | A returning officer shall be entitled to recover his charges in respect of |
| 20 |
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 |
| |
| 25 |
(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 |
| 30 |
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 |
| 35 |
| |
(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. |
| 40 |
(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)”. |
| 45 |
|
| |
|