Political Parties, Elections and Referendums Act 2000

Representation of the People Act 1983 (c.2) U.K.

6 (1) The Representation of the People Act 1983 is amended as follows. U.K.

(2) In section 18(5) (polling districts and places at parliamentary elections)—

(a) for “the Secretary of State”, wherever occurring, substitute “ the Electoral Commission ”; and

(b) for “he thinks fit” substitute “ they think fit ”.

(3) In section 29 (payments by and to returning officer), for subsections (3) to (9) substitute—

“(3) A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if—

(a) the services or expenses are of a kind specified in regulations made by the Electoral Commission (“the Commission”) with the consent of the Treasury; and

(b) the charges are reasonable.

(4) Regulations under subsection (3) above may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(5) In a particular case the Commission may, with the consent of the Treasury, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied—

(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.

(6) Any regulations under subsection (3) above which specify a maximum amount for services or expenses of a particular description may provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the regulations.

(7) The amount of any charges recoverable in accordance with this section shall be paid by the Commission on an account being submitted to them; but if the Commission think fit they may, before payment, apply for the account to be taxed under the provisions of section 30 below.

(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Commission a sum equal to the increase shall be paid to the authority by the Commission.

(9) On the returning officer’s request for an advance on account of his charges, the Commission may make such an advance on such terms as they think fit.

(10) The Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of a returning officer’s charges.

(11) Any sums required by the Commission for making payments under this section shall be charged on and paid out of the Consolidated Fund.”

(4) In section 47(1) (loan of equipment for local elections), for “the Secretary of State” substitute “ the Electoral Commission ”.

(5) In section 52 (discharge of registration duties), after subsection (1) insert—

“(1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—

(a) the software which is to be used in connection with the maintenance of the registers in that form;

(b) the standards in accordance with which that software is to be maintained and updated;

(c) how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.”

(6) In section 175 (illegal payments etc.), for “illegal payment, employment or hiring”, wherever they occur, substitute “ illegal payment or employment ”.

(7) In section 201 (regulations)—

(a) in subsection (1), omit the words from “and except” to “section 29(8)”;

(b) in subsection (2), for “section 29(8)” substitute “ section 110(7) ”;

(c) after subsection (2) insert—

“(2A) Any regulations under section 110(7) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”;

and

(d) in subsection (3), after “the Secretary of State” insert “ , or the Electoral Commission (in the case of any regulations made by them), ”.

(8) In section 202(1) (general definitions), for “a party registered under the Registration of Political Parties Act 1998” substitute “ a party registered under Part II of the Political Parties, Elections and Referendums Act 2000 ”.

(9) In Schedule 1 (parliamentary elections rules), at the end of rule 14 (publication of statement of persons nominated) insert—

“(5) The returning officer shall send to the Electoral Commission—

(a) a copy of the statement; and

(b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 6A above, a copy of that certificate as well.”

Commencement Information

I1 Sch. 21 para. 6 partly in force; Sch. 21 para. 6 partly in force at Royal Assent, see s. 163(2)(3); Sch. 21 para. 6(1)(5)(6)(7)(b)(c)(8)(9) in force at 16.2.2001 and s. 6(2)(7)(d) in force at 1.7.2001 by S.I. 2001/222, arts. 2, 4, Sch. 1 Pt. I, Sch. 2 Pt. I (subject to transitional provisions in Sch. 1 Pt. II and with Sch. 2 Pt. II para. 1)