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Political Parties and Elections Bill


Political Parties and Elections Bill
Part 5 — General

40

 

Interpretation

35      

Meaning of expressions relating to registration

In this Part (except in section 31)—

“false”, in relation to a signature, means that the signature is not the usual

signature of, or was written by a person other than, the person whose

5

signature it purports to be;

“register”, in relation to a registration officer, means a register maintained

by that officer under section 9 of the 1983 Act;

“registered person” means a person registered in such a register;

“registration objectives” has the meaning given by section 29(8);

10

“registration officer” has the same meaning as in the 1983 Act (see section

8 of that Act) except that it does not include the Chief Electoral Officer

for Northern Ireland.

Part 5

General

15

36      

Meaning of “the 1983 Act” and “the 2000 Act”

In this Act—

“the 1983 Act” means the Representation of the People Act 1983 (c. 2);

“the 2000 Act” means the Political Parties, Elections and Referendums Act

2000 (c. 41).

20

37      

Amendments and repeals

Schedules 5 (minor and consequential amendments) and 6 (repeals) have

effect.

38      

Transitional provision

In relation to England and Wales, a reference inserted by this Act in any other

25

Act to imprisonment for 12 months is to be read, in the case of an offence

committed before the commencement of section 154(1) of the Criminal Justice

Act 2003 (c. 44) (general limit on magistrates’ court’s power to impose

imprisonment), as a reference to imprisonment for six months.

39      

Money

30

(1)   

There shall be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable under any other Act out of money

so provided.

(2)   

There shall be charged on and paid out of the Consolidated Fund any increase

attributable to this Act in the sums to be charged on and paid out of that Fund

35

under any other Act.

(3)   

There shall be paid into the Consolidated Fund any increase attributable to this

Act in the sums payable into that Fund under any other Act.

 
 

Political Parties and Elections Bill
Part 5 — General

41

 

40      

Extent

(1)   

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)   

The following provisions extend also to Gibraltar—

section 1(1) and (3);

section 4;

5

sections 5 to 7, paragraphs 9, 10, 11 and 26 of Schedule 5 and the entry in

Schedule 6 relating to Schedule 1 to the 2000 Act;

section 10.

41      

Commencement

(1)   

This Act comes into force on whatever day or days the Secretary of State

10

appoints by order made by statutory instrument.

(2)   

An order under subsection (1)—

(a)   

may make different provision for different purposes or different areas;

(b)   

may make transitional or saving provision.

(3)   

Subsection (1) does not apply to—

15

(a)   

section 1(1) and (3),

(b)   

sections 4, 5 and 7, paragraphs 9, 10, 11 and 26 of Schedule 5 and the

entry in Schedule 6 relating to Schedule 1 to the 2000 Act,

(c)   

section 17 and Schedule 4,

(d)   

section 20,

20

(e)   

section 24,

(f)   

section 30(6),

(g)   

section 36,

(h)   

section 37 so far as relating to provisions in Schedules 5 and 6

mentioned above, and

25

(i)   

sections 38 to 42,

   

which accordingly come into force on the day on which this Act is passed.

42      

Short title

This Act may be cited as the Political Parties and Elections Act 2009.

 
 

42

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

 

Schedules

Schedule 1

Section 2

 

Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

“Schedule 19B

Section 146

 

Investigatory powers of Commission

5

Power to require disclosure

1     (1)  

This paragraph applies to the following organisations and

individuals—

(a)   

a registered party or, in the case of a registered party with

accounting units—

10

(i)   

the central organisation of the party;

(ii)   

an accounting unit of the party;

(b)   

a recognised third party (within the meaning of Part 6);

(c)   

a permitted participant (within the meaning of Part 7);

(d)   

a regulated donee (within the meaning of Schedule 7);

15

(e)   

a regulated participant (within the meaning of Schedule

7A);

(f)   

a candidate at an election (other than a local government

election in Scotland);

(g)   

the election agent for such a candidate;

20

(h)   

an organisation or individual formerly falling within any

of paragraphs (a) to (g).

      (2)  

The Commission may give a disclosure notice to a person who—

(a)   

is the treasurer or another officer of an organisation to

which this paragraph applies, or has been at any time in

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the period of five years ending with the day on which the

notice is given; or

(b)   

is an individual to whom this paragraph applies.

      (3)  

A disclosure notice is a notice requiring the person to whom it is

given—

30

(a)   

to produce, for inspection by the Commission or a person

authorised by the Commission, any documents which—

(i)   

relate to the income and expenditure of the

organisation or individual in question, and

(ii)   

are reasonably required by the Commission for the

35

purposes of carrying out their functions;

   

or

 

 

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

43

 

(b)   

to provide the Commission, or a person authorised by the

Commission, with any information or explanation which

relates to that income and expenditure and is reasonably

required by the Commission for those purposes.

      (4)  

A person to whom a disclosure notice is given shall comply with

5

it within such reasonable time as is specified in the notice.

Powers of entry and inspection

2     (1)  

This paragraph applies to the following organisations and

individuals—

(a)   

a registered party or, in the case of a registered party with

10

accounting units—

(i)   

the central organisation of the party;

(ii)   

an accounting unit of the party;

(b)   

a recognised third party (within the meaning of Part 6);

(c)   

a permitted participant (within the meaning of Part 7);

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(d)   

a members association (within the meaning of Schedule 7).

      (2)  

A person authorised by the Commission may, for the purposes of

the carrying out by the Commission of their functions—

(a)   

at any reasonable time enter premises occupied by an

organisation to which, or an individual to whom, this

20

paragraph applies, and

(b)   

having entered the premises, inspect any documents

relating to the income and expenditure of the organisation

or individual,

           

provided that prior approval to enter any premises and to inspect

25

documents found on these premises has been obtained from a

magistrate.

      (3)  

This paragraph is subject to paragraph 3(6).

Powers in relation to suspected offences or contraventions

3     (1)  

This paragraph applies where the Commission have reasonable

30

grounds to suspect that—

(a)   

a person has committed an offence under this Act, or

(b)   

a person has contravened (otherwise than by committing

an offence) any restriction or other requirement imposed

by or by virtue of this Act.

35

           

In this paragraph “the suspected offence or contravention” means

the offence or contravention referred to above.

      (2)  

The Commission may by notice require any person (including an

organisation to which, or an individual to whom, paragraph 1

applies)—

40

(a)   

to produce, for inspection by the Commission or a person

authorised by the Commission, any documents that they

reasonably require for the purposes of investigating the

suspected offence or contravention;

 
 

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

44

 

(b)   

to provide the Commission, or a person authorised by the

Commission, with any information or explanation that

they reasonably require for those purposes.

      (3)  

A person to whom a notice is given under sub-paragraph (2) shall

comply with it within such reasonable time as is specified in the

5

notice.

      (4)  

A person authorised by the Commission (“the investigator”) may

require—

(a)   

the person mentioned in sub-paragraph (1), if that person

is an individual, or

10

(b)   

an individual who the investigator reasonably believes has

relevant information,

           

to attend before the investigator at a specified time and place and

answer any questions that the investigator reasonably considers to

be relevant.

15

      (5)  

In sub-paragraph (4) “relevant” means relevant to an investigation

by the Commission of the suspected offence or contravention.

      (6)  

The power conferred by paragraph 2 may not be used to enter

premises and inspect documents for the purposes of an

investigation by the Commission of the suspected offence or

20

contravention.

Court order for delivery of documents or provision of information etc

4     (1)  

This paragraph applies where the Commission have given a notice

under paragraph 3 requiring documents to be produced.

      (2)  

The High Court or (in Scotland) the Court of Session may make a

25

document-disclosure order against a person (“the respondent”) if

satisfied on an application by the Commission that—

(a)   

there are reasonable grounds to suspect that a person

(whether or not the respondent) has committed an offence

under this Act or has contravened (otherwise than by

30

committing an offence) any restriction or other

requirement imposed by or by virtue of this Act, and

(b)   

there are documents referred to in the notice under

paragraph 3 which—

(i)   

have not been produced as required by the notice

35

(either within the time specified in the notice for

compliance or subsequently),

(ii)   

are reasonably required by the Commission for the

purposes of investigating the offence or

contravention referred to in paragraph (a), and

40

(iii)   

are in the custody or under the control of the

respondent.

      (3)  

A document-disclosure order is an order requiring the respondent

to deliver to the Commission, within such time as is specified in

the order, such documents falling within sub-paragraph (2)(b) as

45

are identified in the order (either specifically or by reference to any

category or description of document).

 
 

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

45

 

      (4)  

For the purposes of sub-paragraph (2)(b)(iii) a document is under

a person’s control if it is in the person’s possession or if the person

has a right to possession of it.

      (5)  

A person who fails to comply with a document-disclosure order

may not, in respect of that failure, be both punished for contempt

5

of court and convicted of an offence under paragraph 13(1).

5     (1)  

This paragraph applies where the Commission have given a notice

under paragraph 3 requiring any information or explanation to be

provided.

      (2)  

The High Court or (in Scotland) the Court of Session may make an

10

information-disclosure order against a person (“the respondent”)

if satisfied on an application by the Commission that—

(a)   

there are reasonable grounds to suspect that a person

(whether or not the respondent) has committed an offence

under this Act or has contravened (otherwise than by

15

committing an offence) any restriction or other

requirement imposed by or by virtue of this Act, and

(b)   

there is any information or explanation referred to in the

notice under paragraph 3 which—

(i)   

has not been provided as required by the notice

20

(either within the time specified in the notice for

compliance or subsequently),

(ii)   

is reasonably required by the Commission for the

purposes of investigating the offence or

contravention referred to in paragraph (a), and

25

(iii)   

the respondent is able to provide.

      (3)  

An information-disclosure order is an order requiring the

respondent to provide to the Commission, within such time as is

specified in the order, such information or explanation falling

within sub-paragraph (2)(b) as is identified in the order.

30

      (4)  

A person who fails to comply with an information-disclosure

order may not, in respect of that failure, be both punished for

contempt of court and convicted of an offence under paragraph

14(1).

Retention of documents delivered under paragraph 4

35

6     (1)  

The Commission may retain any documents delivered to them in

compliance with an order under paragraph 4 for a period of three

months (or for longer if any of following sub-paragraphs applies).

           

In this paragraph “the documents” and “the three-month period”

mean the documents and the period mentioned above.

40

      (2)  

If within the three-month period proceedings to which the

documents are relevant are commenced against any person for

any criminal offence, the documents may be retained until the

conclusion of those proceedings.

      (3)  

If within the three-month period the Commission serve a notice

45

under paragraph 2(1) of Schedule 19C of a proposal to impose a

fixed monetary penalty on any person and the documents are

 
 

Political Parties and Elections Bill
Schedule 1 — Investigatory powers of Commission: Schedule to be inserted into the 2000 Act

46

 

relevant to the decision to serve the notice, the documents may be

retained—

(a)   

until liability for the penalty is discharged as mentioned in

paragraph 2(2) of that Schedule (if it is);

(b)   

until the Commission decide not to impose a fixed

5

monetary penalty (if that is what they decide);

(c)   

until the end of the period given by sub-paragraph (5) (if

they do impose a fixed monetary penalty).

      (4)  

If within the three-month period the Commission serve a notice

under paragraph 6(1) of Schedule 19C of a proposal to impose a

10

discretionary requirement on any person and the documents are

relevant to the decision to serve the notice, the documents may be

retained—

(a)   

until the Commission decide not to impose a discretionary

requirement (if that is what they decide);

15

(b)   

until the end of the period given by sub-paragraph (5) (if

they do impose a discretionary requirement).

      (5)  

If within the three-month period—

(a)   

a notice is served imposing a fixed monetary penalty on

any person under paragraph 2(4) of Schedule 19C and the

20

documents are relevant to the decision to impose the

penalty, or

(b)   

a notice is served imposing a discretionary requirement on

any person under paragraph 6(5) of that Schedule and the

documents are relevant to the decision to impose the

25

requirement,

           

the documents may be retained until the end of the period allowed

for bringing an appeal against that decision or (if an appeal is

brought) until the conclusion of proceedings on the appeal.

      (6)  

If within the three-month period—

30

(a)   

a stop notice is served on any person under paragraph 10

of Schedule 19C, and

(b)   

the documents are relevant to the decision to serve the

notice,

           

the documents may be retained until the end of the period allowed

35

for bringing an appeal against that decision or (if an appeal is

brought) until the conclusion of proceedings on the appeal.

      (7)  

If within the three-month period or the period given by sub-

paragraph (6) (or, if applicable, by sub-paragraph (4) or (5)(b))—

(a)   

the Commission, having served a stop notice on any

40

person under paragraph 10 of Schedule 19C, decide not to

issue a completion certificate under paragraph 12 of that

Schedule in relation to the stop notice, and

(b)   

the documents are relevant to the decision not to issue the

certificate,

45

           

the documents may be retained until the end of the period allowed

for bringing an appeal against that decision or (if an appeal is

brought) until the conclusion of proceedings on the appeal.

 
 

 
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