The Political Parties and Elections Act 2009 (Commencement No.2 and Transitional Provisions) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force a number of provisions of the Political Parties and Elections Act 2009 (“the Act”) (c.12) and makes appropriate transitional provision.

Section 21 of the Act provides for new controls on certain types of expenditure incurred and used by a candidate for the purposes of a parliamentary general election campaign and is brought into force on 25th November 2009. Related consequential amendments and repeals enacted by section 39 of and Schedule 6 and 7 to the Act are also brought into force on the same date.

The following provisions of the Act are brought into force by this Order on 1st January 2010. Section 12 clarifies that there exists a defence to an offence under section 56(3) of the Political Parties, Elections and Referendums Act 2000 (c.41) (“the 2000 Act”). Section 13 amends a series of offences in the 2000 Act relating to matters required to be reported to the Electoral Commission under that Act. Consequently, certain acts or omissions will only be offences where done or not done “without reasonable excuse”. Section 14 amends Schedule 7 to the 2000 Act to impose an obligation on a members association to appoint a responsible person where such an association receives a certain donation and does not have a treasurer. Section 15 amends Schedule 7 to enable holders of relevant elective office within the meaning of the 2000 Act to appoint a compliance officer to assist in the reporting of donations. Section 16 makes equivalent provision to section 14, but does so in respect of Schedule 7A to the 2000 Act in respect of loans and similar transactions. Section 17 makes equivalent provision to section 15 but does so in respect of Schedule 7A to the 2000 Act in respect of loans and similar transactions. Section 18 amends section 88 of the 2000 Act to provide that an individual may not be appointed as responsible person for more than one third party. Section 20 amends various provisions in the 2000 Act to increase thresholds above which certain reporting obligations are imposed on specified individuals or organisations in respect of certain donations received or certain loans or similar transactions entered into. In addition, consequential amendments and repeals relating to the provisions described in this paragraph and enacted by section 39 of, and Schedule 6 and 7 to, the Act are brought into force by this Order on 1st January 2010.

The Order also makes appropriate transitional provision in relation to the coming into force of sections 13, 14 and 16 of the Act.