Electoral Administration Bill

House of Commons

Session 2005 - 06
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Electoral Administration Bill

Electoral Administration Bill
Part 7 — Regulation of parties
62

     (1C)
For the purposes of paragraph (1B), a description is a registered
description if it is a description registered for use by the parties
under section 28B of the Political Parties, Elections and Referendums
Act 2000.”
50
Confirmation of registered particulars
5
(1)
Section 32 of the 2000 Act (confirmation of registered particulars) is amended
as follows.
(2)
In subsection (1), for the words from “at the time when” to “Part III” substitute
“within the specified period”.
(3)
After that subsection insert—
10
“(1A)
In subsection (1), “the specified period” means the period—
(a)
beginning on the first day of the period within which the
statement of accounts for any financial year of the party is
required to be delivered to the Commission by virtue of section
45, and
15
(b)
ending six months after the last day of that period.”
51
Removal from register of registered parties
(1)
Section 33 of the 2000 Act (party ceasing to be registered) is amended as
follows.
(2)
In subsection (1) after “subsection (2)” insert “or (2A)”.
20
(3)
After subsection (2) insert—
“(2A)
Where the Commission does not receive a notification required by
virtue of section 32(1) or 34(3) on or before the specified day, the
Commission shall remove the party’s entry from the register.
(2B)
In subsection (2A) “the specified day” means—
25
(a)
in relation to a notification required by virtue of section 32(1),
the last day of the specified period for the purposes of that
subsection;
(b)
in relation to a notification required by virtue of section 34(3),
the day which falls six months after the relevant anniversary of
30
the party’s inclusion in the register.
(2C)
In subsection (2B)(b), “relevant anniversary” means the anniversary in
relation to which the notification is required to be given by virtue of
section 34(3).”
(4)
In subsection (3) for “the party’s entry from the register” substitute “a party’s
35
entry from the register by virtue of subsection (2) or (2A)”.
(5)
In subsection (4) for the words from “the end” to the first reference to “the
register” substitute “the relevant time”.
(6)
After subsection (4) insert—
“(4A)
In subsection (4), “the relevant time” means—
40
(a)
if—

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Part 7 — Regulation of parties
63

(i)
the party’s entry is removed by virtue of subsection (2),
and
(ii)
its gross income or total expenditure in its financial year
preceding the year in which the entry is removed is
£25,000 or more,
5

the end of the financial year of the party which follows that in
which the entry is removed;
(b)
otherwise, the end of the financial year of the party in which the
entry is removed.”
(7)
In subsection (5) for “under this section” substitute “under subsection (2)”.
10
52
Time for registration of parties fielding candidates
(1)
In Schedule 1 to the 1983 Act, rule 6A (nomination papers: name of registered
political party) is amended in accordance with subsections (2) and (3).
(2)
In paragraph (3)—
(a)
in sub-paragraph (a), for the words from “at the time” to the end
15
substitute “on the day (“the relevant day”) which is two days before the
last day for the delivery of nomination papers at the election;”;
(b)
in sub-paragraph (b), for “at the relevant time” (in both places)
substitute “on the relevant day”.
(3)
After paragraph (3) insert—
20
    “(4)
For the purposes of paragraph (3)(a) any day falling within rule 2(1)
shall be disregarded.”
(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)—
25
(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
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”.
30
(6)
After that subsection insert—
“(2A)
For the purposes of subsection (2) any day falling within rule 2(1) of the
parliamentary elections rules in Schedule 1 to the Representation of the
People Act 1983 shall be disregarded.”
Accounting requirements
35
53
Requirements as to statements of account
(1)
Section 42 of the 2000 Act (annual statement of accounts) is amended as
follows.
(2)
In subsection (4) for paragraph (a) substitute—
“(a)
according to which of the following bands the gross income or
40
total expenditure of a party falls within—
(i)
not exceeding £25,000;

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Part 7 — Regulation of parties
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(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
5
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.
10
54
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
55
Policy development grants to be donations
15
In section 52 of the 2000 Act (payments, services etc. not to be regarded as
donations), in subsection (1) omit paragraph (a).
56
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
20
(1)
This section applies if each of four consecutive donation reports
prepared by the treasurer of a registered party in pursuance of
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
25
(b)
in the case of a party with accounting units, statements under
subsection (10) of that section in relation to the central
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
30
donation—
(a)
is accepted by the registered party, or
(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
35
by virtue of any of subsections (4) to (9) of section 62 (including those
subsections as applied by subsection (11) of that section).
(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—
40

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Part 7 — Regulation of parties
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(a)
the reporting period in which the recordable donation is so
accepted or dealt with, or
(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
5
meaning as in section 62.”
(2)
Section 62A of the 2000 Act (as inserted by subsection (1) above) applies only if
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).
10
57
Repeal of section 68 of the 2000 Act
Section 68 of the 2000 Act (reporting of multiple small donations) is omitted.
58
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—
15
“(aa)
whether the donation is in the form of sponsorship (within the
meaning of section 51);”.
59
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.
20
2005/299) to a provision of the 2000 Act which is amended by sections 55 to 58
must be construed as a reference to that provision as so amended.
Campaign expenditure
60
Campaign expenditure: standing for more than one party
(1)
Schedule 9 to the 2000 Act (limits on campaign expenditure) is amended as
25
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
30
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
35
for election as mentioned in sub-paragraph (2A).”
(3)
In paragraph 6 (ordinary elections to National Assembly for Wales) after sub-

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Part 7 — Regulation of parties
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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
5
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-
10
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
15
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).”
61
Time limit for claims in respect of campaign expenditure
20
(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
25
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)—
30
(a)
in subsection (1), for “21 days” substitute “30 days”;
(b)
in subsection (2), for “42 days” substitute “60 days”.
Referendum and election material
62
Details to appear on referendum and election material
(1)
In section 126 of the 2000 Act (details to appear on referendum material), after
35
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
40
subsection (2) insert—
“(2A)
For the purposes of subsection (2)(c), election material—

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Part 8 — Miscellaneous
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(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.
5
(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
10
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
15
Britain: list of candidates).”
Part 8
Miscellaneous
Funding for election services
63
Performance of local authorities in relation to elections etc.
20
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
25
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;
30
(b)
returning officers in the administration of the elections specified
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
35
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.
40
(5)
When the Commission publish standards under subsection (1) they
must send a copy of the published standards to the Secretary of State

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Part 8 — Miscellaneous
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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;
5
(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);
(e)
a local government election in England or Wales.
10
(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—
15
(a)
electoral registration officers;
(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
20
(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)—
25
(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
30
(c)
may require the report or reports to be provided in a form
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
35
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;
40
(b)
must specify the period to which it relates;
(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
45