Electoral Administration Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Electoral Administration Bill

Electoral Administration Bill
Part 7 — Regulation of parties
59

(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).
(5)
In subsection (2)—
(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
election”;
(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.”
Accounting requirements
51
Requirements as to statements of account
(1)
Section 42 of the 2000 Act (annual statement of accounts) is amended as
15
follows.
(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”.
Control of donations
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).

Electoral Administration Bill
Part 7 — Regulation of parties
60

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
donation—
(a)
is accepted by the registered party, or
15
(b)
is dealt with by the registered party in accordance with section
56(2).
(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

Electoral Administration Bill
Part 7 — Regulation of parties
61

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
Campaign expenditure
58
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
10
(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
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
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
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
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
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
campaign expenditure)—

Electoral Administration Bill
Part 7 — Regulation of parties
62

(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
referendum expenditure)—
(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
subsection (10) insert—
“(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
subsection (2) insert—
“(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
is included on—
(a)
a list submitted under section 5(1) of the Government of Wales
Act 1998 (party lists);
(b)
a regional list submitted under section 5(4) of the Scotland Act
30
1998 (candidates);
(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).”

Electoral Administration Bill
Part 8 — Miscellaneous
63

Part 8
Miscellaneous
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
functions;
(b)
returning officers in the administration of the elections specified
15
in subsection (6);
(c)
counting officers in the administration of the referendums
specified in subsection (7).
(3)
Before determining standards under subsection (1), the Commission
must consult—
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
Parliament.
(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
officers are—
(a)
electoral registration officers;

Electoral Administration Bill
Part 8 — Miscellaneous
64

(b)
in relation to elections within subsection (6), returning officers;
(c)
in relation to referendums within subsection (7), counting
officers.
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
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
(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
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;
25
(c)
may specify the elections or referendums (or both) 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
30
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;
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;

Electoral Administration Bill
Part 8 — Miscellaneous
65

(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
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
10
in the direction;
(c)
may specify the time within which the information must be
provided.
(4)
This section does not affect any other power of the Commission to
request information.”
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
as follows.
(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
the election; and
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
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.
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