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Part XU.K. Miscellaneous and general

SupplementaryU.K.

156 Orders and regulations.U.K.

(1)Any power of the Secretary of State to make any order or regulations under this Act shall be exercised by statutory instrument.

(2)Subject to subsections (3) and (4), a statutory instrument containing any order or regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Subsection (2) does not apply to—

(a)any order under section 16(3) or 163(2) or paragraph 14(7) of Schedule 1; or

(b)any order made in pursuance of section 155(2)(a).

(4)Subsection (2) also does not apply to any order under—

(a)section 18(1),

(b)section 51(4),

(c)section 67(1),

(d)section 70(1),

[F1(da)section 71F(13),

(db)section 71H(4),

(dc)section 71U(1),]

(e)section 101(4),

(f)section 108(3),

(g)section 109(6),

(h)section 129,

[F2(ha)paragraph 9 of Schedule 6A,]

(i)paragraph 3(4) of Schedule 7,

[F3(ia)paragraph 2(9) or 4(4) of Schedule 7A,]

(j)paragraph 4 of Schedule 8,

(k)paragraph 3(4) of Schedule 11,

(l)paragraph 4 of Schedule 13,

(m)paragraph 2 of Schedule 14, or

(n)paragraph 3(4) of Schedule 15;

and no such order shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)Any order or regulations made by the Secretary of State under this Act may—

(a)contain such consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(6)Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 19(9)).

(7)Paragraphs 21 to 23 of Schedule 1 contain provisions relating to regulations made by the Commission.

Textual Amendments

F1S. 156(4)(da)-(dc) inserted (11.9.2006 for E.W.S. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 61(4)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3)

F2S. 156(4)(ha) inserted (11.9.2006 for E.W.S. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006, (c. 22), {ss. 61(4)(b)}, 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3)

F3S. 156(4)(ia) inserted (11.9.2006 for E.W.S. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006, (c. 22), ss. 61(7), 77(2), {Sch. 1 para. 100}; S.I. 2006/1972, art. 3, Sch. 1 paras. 20(a), 25(m)(i) (subject to art. 4, Sch. 2) (as amended by 2006/2268, art. 4)

157 Documents for purposes of the Act.U.K.

(1)Any application, notice or notification required or authorised to be made or given under this Act must be in writing.

(2)Any document required or authorised to be given or sent under this Act may be sent by post.

Commencement Information

I1S. 157 wholly in force at 16.2.2001; s. 157 not in force at Royal Assent, see s. 163(2); s. 157 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

158 Minor and consequential amendments and repeals.U.K.

(1)The minor and consequential amendments specified in Schedule 21 shall have effect.

(2)The enactments specified in Schedule 22 are repealed to the extent specified.

(3)However, none of the repeals—

(a)of provisions of Part II [F4(other than section 82(4))] or III of the Representation of the M1People Act 1983 (election campaigns and legal proceedings in respect of elections), or

(b)of provisions amending any of those provisions,

have effect in relation to local government elections in Scotland.

Textual Amendments

Commencement Information

I2S. 158 wholly in force at 16.2.2001; s. 158 not in force at Royal Assent, see s. 163(2); s. 158 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

159 Financial provisions.U.K.

(1)There shall be paid out of money provided by Parliament—

(a)any expenses incurred by the Secretary of State in consequence of this Act; and

(b)any increase attributable to this Act in the sums which under any other Act are payable 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 under any other Act.

[F5159AFunctions of the Lord ChancellorU.K.

In this Act, except—

(a)sections 9, 18(2) and (4) and 70, and

(b)paragraph 7 of Schedule 9,

“the Secretary of State” means the Secretary of State or the Lord Chancellor.]

Textual Amendments

F5S. 159A inserted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 25(3)

160 General interpretation.U.K.

(1)In this Act—

(2)A person is not a qualified auditor in relation to any registered party or any other body or individual if he is—

(a)a member of the party or body or the individual himself, or

(b)an officer or employee of the party, body or individual.

(3)References in this Act to a person standing for election in the name of a registered party shall be construed in accordance with section 22(6).

(4)References in this Act (in whatever terms) to payments out of public funds are references to any of the following, namely—

(a)payments out of—

(i)the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund or the Consolidated Fund of Northern Ireland, or

(ii)money provided by Parliament or appropriated by Act of the Northern Ireland Assembly;

(b)payments by—

(i)any Minister of the Crown, the Scottish Ministers or any Minister within the meaning of the M6Northern Ireland Act 1998,

(ii)any government department (including a Northern Ireland department) or any part of the Scottish Administration, or

(iii)the National Assembly for Wales;

(c)payments by the Scottish Parliamentary Corporate Body or the Northern Ireland Assembly Commission; and

(d)payments by the Electoral Commission;

and references in this Act (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of any such payments.

(5)References in this Act to conditions, in the context of grants being made subject to conditions, include conditions requiring repayment of the grants in specified circumstances.

[F14(6)References in this Act to a named Ordinance are to the Gibraltar Ordinance of that name.]

Textual Amendments

Marginal Citations

161 Interpretation: donations.U.K.

(1)This section has effect for the purposes of the provisions of this Act relating to donations.

(2)Where any provision of this Act refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a person of a particular description—

(a)the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and

(b)a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.

(3)Subsections (4) and (5) apply to any provision of this Act which provides, in relation to a person of a particular description (“the donee”), that money spent (otherwise than by or on behalf of the donee) in paying any expenses incurred directly or indirectly by the donee is to constitute a donation to the donee.

(4)The reference in any such provision to money so spent is a reference to money so spent by a person, other than the donee, out of his own resources (with no right to reimbursement out of the resources of the donee).

(5)Where by virtue of any such provision any amount of money so spent constitutes a donation to the donee, the donee shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(6)For the purposes of this Act it is immaterial whether a donation received by a registered party or a person of any other description is so received in the United Kingdom or elsewhere.

Commencement Information

I3S. 161 wholly in force at 16.2.2001; s. 161 not in force at Royal Assent, see s. 163(2); s. 161 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

162 Interpretation: exempt trust donations.U.K.

(1)For the purposes of this Act—

[F15(a)]“exempt trust donation” means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5)

[F16(b)“exempt Gibraltar trust donation” means a donation to which subsection (3A) applies, other than one falling within subsection (5).]

(2)This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a)which was created before 27th July 1999,

(b)to which no property has been transferred on or after that date, and

(c)whose terms have not been varied on or after that date,

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the full name of the person who created the trust and of every other person by whom, or under whose will, property was transferred to the trust before that date.

(3)This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a)which was created by—

(i)a person who was a permissible donor falling within section 54(2) at the time when the trust was created, or

(ii)the will of a person falling within section 54(3), and

(b)to which no property has been transferred otherwise than—

(i)by a person who was a permissible donor falling within section 54(2) at the time of the transfer, or

(ii)under the will of a person falling within section 54(3),

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.

[F17(3A)This subsection applies to any donation received from a trustee of any property in accordance with the terms of a trust—

(a)which was created by—

(i)a person falling within section 54(2A)(a) to (g) at the time when the trust was created, or

(ii)the will of a person falling within section 54(3A), and

(b)to which no property has been transferred other than—

(i)by a person falling within section 54(2A)(a) to (g) at the time of the transfer, or

(ii)under the will of a person falling within section 54(3A),

provided that, at or before the time of the receipt of the donation, the trustee gives the recipient of the donation the relevant information.]

(4)For the purposes of [F18subsections (3) and (3A)]“the relevant information” means the information which is required by virtue of paragraph 2 of Schedule 6 to be given in respect of a recordable donation to which that subsection applies.

(5)A donation falls within this subsection if it is received from a trustee of any property pursuant to the exercise of any discretion vested by a trust in him or any other person.

(6)In this section—

(a)“donation” means a donation for the purposes of the provisions of this Act in which the relevant reference to an exempt trust donation [F19or exempt Gibraltar trust donation] occurs;

(b)“property”, in the context of the transfer of property to a trust, does not include any income of the trust;

(c)“trust” includes a trust created by a will; and

(d)any reference to a donation received from a trustee is a reference to a donation received from a trustee in his capacity as such, other than a donation transmitted on behalf of a beneficiary under a trust.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4S. 162 wholly in force at 16.2.2001; s. 162 not in force at Royal Assent, see s. 163(2); s. 162 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 (subject to transitional provisions in Sch. 1 Pt. II)

163 Short title, commencement, transitional provisions and extent.U.K.

(1)This Act may be cited as the Political Parties, Elections and Referendums Act 2000.

(2)Subject to subsections (3) and (4), this Act does not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different purposes.

(3)The following provisions come into force on the day on which this Act is passed—

(a)sections 1 to 3 and Schedules 1 and 2,

(b)sections 156, 159 and 160, and paragraph 12(1) and (4) of Schedule 21,

(c)this section, and Part II of Schedule 23, and

(d)any other provision so far as it confers power to make an order or regulations.

(4)The following provisions come into force at the end of the period of two weeks beginning with the day on which this Act is passed—

(a)section 36,

(b)Part I of Schedule 23, and

(c)any provision of Part II of this Act so far as necessary for the purposes of the operation of any provision of Part I of that Schedule.

(5)An order under subsection (2) may contain such transitional provisions and savings (including provisions modifying enactments) as the Secretary of State considers appropriate.

(6)Such an order may, in particular, make provision as respects the operation of any financial limit imposed by any provision of this Act in cases where a period in relation to which any such limit is imposed would otherwise begin at a time before the commencement of that provision of this Act.

(7)The transitional provisions contained in Schedule 23 shall have effect.

(8)Subject to subsections (9) and (10), this Act extends to the whole of the United Kingdom.

(9)Part IX and paragraphs 2 and 3 of Schedule 12 and paragraphs 12 and 13 of Schedule 23 extend to England, Wales and Scotland.

(10)Subject to any express limitation contained in this Act, the extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

[F20(11)The following provisions of this Act extend to Gibraltar—

(a)Part 1 (The Electoral Commission), except sections 9, 12 and 14 to 20;

(b)Part 2 (Registration of Political Parties), except sections 36 and 38;

(c)Part 3 (Accounting requirements for registered parties);

(d)Part 4 (Control of donations to registered parties and their members etc.);

(e)Part 5 (Control of campaign expenditure);

(f)Part 6 (Controls relating to third party national election campaigns); and

(g)Part 10 (Miscellaneous and general), except sections 141, 142, 144 and 158.]

Subordinate Legislation Made

P1S. 163(2) power partly exercised: 16.2.2001 appointed for specified provisions by S.I. 2001/222, art. 2 (with transitional provisions in Sch. 1 Pt. II); 30.10.2001 appointed for specified provisions by S.I. 2001/3526, art. 2; 1.1.2002 appointed for specified provisions by S.I. 2001/3526, art. 3; 1.4.2002 appointed for specified provisions by S.I. 2001/3526, art. 4; 1.1.2007 appointed for specified provisions by S.I. 2006/3416, art. 3 (subject to art. 5)

Textual Amendments