- Latest available (Revised)
- Original (As enacted)
Political Parties, Elections and Referendums Act 2000, Section 3 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The powers of Her Majesty under section 1(4) and (5) shall be exercisable on an Address from the House of Commons.
[F1(2)A motion for such an Address may be made only if—
(a)the Speaker of the House of Commons agrees that the motion may be made;
(b)the motion has been the subject of consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong; and
(c)each person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee.]
(3)Such an Address shall specify the period (not exceeding 10 years) for which each proposed Electoral Commissioner to whom the Address relates is to hold office as such Commissioner or (as the case may be) the period for which the proposed chairman of the Commission is to hold office as such chairman.
(4)[F2Subject to subsection (4A), a person may not be appointed] as an Electoral Commissioner if the person—
(a)is a member of a registered party;
(b)is an officer or employee of a registered party or of any accounting unit of such a party;
(c)holds a relevant elective office (within the meaning of Schedule 7); or
(d)has at any time [F3within the last five years]—
(i)been such an officer or employee as is mentioned in paragraph (b), or
(ii)held such an office as is mentioned in paragraph (c), or
(iii)been named as a donor in the register of donations reported under Chapter III or V of Part IV. [F4, or
(iv)been named as a participant in the register of recordable transactions reported under Part 4A.]
[F5(4A)Paragraphs (a) and (d) of subsection (4) do not apply to the appointment of a person as a nominated Commissioner (within the meaning of section 3A).]
(5)An Electoral Commissioner, or the chairman of the Commission, may be re-appointed (or further re-appointed).
[F6(5A)In the case of a re-appointment (or further re-appointment) of an Electoral Commissioner, the reference in subsection (2)(c) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment (or further re-appointment) by that Committee.]
(6)In subsection (2)(b) the reference to Members of the House of Commons does not include any Member of that House who at the time in question—
(a)has not made and subscribed the oath required by the M1Parliamentary Oaths Act 1866 (or the corresponding affirmation); or
(b)is disqualified from sitting and voting in that House.
(7)In this section “registered party”—
(a)includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the M2Registration of Political Parties Act 1998; and
(b)in subsection (4)(b) also includes (in relation to times before 1st April 1999) any political party.
Textual Amendments
F1S. 3(2) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 4(2), 43(1)(5)(b)
F2Words in s. 3(4) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1)(5)(b), Sch. 6 para. 10
F3Words in s. 3(4)(d) substituted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 7(1), 43(1)(5)(b)
F4S. 3(4)(d)(iv) and preceding word inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(1), Sch. 1 para. 139; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(g) (subject to art. 4, Sch. 2)
F5S. 3(4A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 5(1), 43(1)(5)(b)
F6S. 3(5A) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 4(3), 43(1)(5)(b)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: