Political Parties, Elections and Referendums Act 2000

Preliminary requirements U.K.

24 Office-holders to be registered. U.K.

(1) For each registered party there shall be—

(a) a person registered as the party’s leader;

(b) a person registered as the party’s nominating officer; and

(c) a person registered as the party’s treasurer;

but the person registered as leader may also be registered as nominating officer or treasurer (or both).

(2) The person registered as a party’s leader must be—

(a) the overall leader of the party; or

(b) where there is no overall leader of the party, a person who is the leader of the party for some particular purpose.

(3) The person registered as a party’s nominating officer must have responsibility for the arrangements for—

(a) the submission by representatives of the party of lists of candidates for the purpose of elections;

(b) the issuing of such certificates as are mentioned in section 22(6); and

(c) the approval of descriptions and emblems used on nomination and ballot papers at elections.

(4) The person registered as a party’s treasurer shall be responsible for compliance on the part of the party—

(a) with the provisions of Parts III and IV (accounting requirements and control of donations), and

(b) unless a person is registered as the party’s campaigns officer in accordance with section 25, with the provisions of Parts V to VII (campaign expenditure, third party expenditure and referendums) as well.

(5) In the case of a party with accounting units the person registered as the party’s treasurer shall, in relation to the provisions of Part III, be responsible for compliance on the part of the party’s central organisation (rather than of the party).

(6) Where—

(a) the person registered as a party’s treasurer dies, or

(b) his appointment as treasurer terminates for any other reason,

then, until such time as another person is registered as the party’s treasurer in pursuance of an application under section 31(3)(a), the appropriate person shall be treated for all purposes of this Act (except subsection (8)) as if he were registered also as its treasurer.

(7) In subsection (6) “the appropriate person” means—

(a) the person registered as the party’s leader; or

(b) if that person is also registered as its treasurer but not as its nominating officer, the person registered as its nominating officer; or

(c) if that person is also registered both as its treasurer and as its nominating officer, any other officer of the party registered in accordance with Schedule 4.

(8) A person commits an offence if—

(a) he is registered as treasurer of a registered party, and

(b) he has been convicted, at any time within the period of five years ending with the date of registration, of any offence under this Act or of any other offence committed in connection with a relevant election [F1 , an election to the House of Assembly of Gibraltar] or a referendum within the meaning of Part VII.

(9) Where a person registered as treasurer of a registered party is convicted of an offence falling within subsection (8)(b), his appointment as treasurer of the party shall terminate on the date of the conviction.

(10) In connection with the registration of a party in both the Great Britain register and the Northern Ireland register in accordance with section 23(4)—

(a) a person may be registered in the Northern Ireland register as leader of the separate party registered in that register if (although not such a leader of the party as is mentioned in subsection (2) above) he is leader of the party in Northern Ireland; and

(b) references to a person’s responsibilities in subsection (3) or (4) above shall be read as references to the responsibilities that he will have with respect to the separate party registered in the Great Britain register or the Northern Ireland register, as appropriate.

Textual Amendments

F1 Words in s. 24(8)(b) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 3

Commencement Information

I1 S. 24 wholly in force at 16.2.2001; s. 24 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 24 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)

25 Parties with campaigns officers. U.K.

(1) In the case of any registered party a person—

(a) may be registered as the party’s campaigns officer, and

(b) may be so registered whether or not he is also registered as the party’s leader or nominating officer (or both).

(2) The person registered as a party’s campaign officer shall be responsible for compliance on the part of the party with the provisions of Parts V to VII.

(3) So long as a party is registered as a party with a campaigns officer, section 24(6), (8) and (9) shall apply in relation to a person registered as the party’s campaigns officer as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the person registered as treasurer of the party.

(4) The person registered as a party’s campaigns officer may appoint, on such terms as he may determine, one or more deputy campaigns officers of the party for the purposes of Part V, but not more than 12 persons may hold such appointments at the same time.

(5) For the purposes of this section—

(a) the provisions of section 74(2) to (10) shall apply in relation to a party’s campaigns officer and the appointment of a person as deputy campaigns officer as they apply in relation to a party’s treasurer and the appointment of a person as deputy treasurer, and

(b) any reference in those provisions to a treasurer or (as the case may be) deputy treasurer shall accordingly be read as a reference to a campaigns officer or (as the case may be) deputy campaigns officer.

(6) In relation to any time when a party is (or was) registered as a party with a campaigns officer—

(a) the provisions of Part V (other than section 74) and Parts VI and VII shall apply as if any reference to the treasurer of the party were a reference to the registered campaigns officer, and any reference to a deputy treasurer of the party were a reference to a deputy campaigns officer of the party; and

(b) the provisions of Part X (enforcement) shall apply in connection with matters relevant for the purposes of Parts V to VII as if any reference to a person who is or has been the treasurer of the party were a reference to a person who is or has been the registered campaigns officer.

Commencement Information

I2 S. 25 wholly in force at 16.2.2001; s. 25 not in force at Royal Assent and in force for specified purposes at 14.12.2000, see s. 163(2)(4); s. 25 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 (subject to transitional provisions in Sch. 1 Pt. II)

26 Financial structure of registered party: adoption of scheme. U.K.

(1) A party may not be registered unless it has adopted a scheme which—

(a) sets out the arrangements for regulating the financial affairs of the party for the purposes of this Act; and

(b) has been approved in writing by the Commission.

(2) The scheme must in particular determine for the purposes of this Act whether the party is to be taken to consist of—

(a) a single organisation with no division of responsibility for the financial affairs and transactions of the party for the purposes of Part III (accounting requirements), or

(b) a central organisation and one or more separate accounting units, that is to say constituent or affiliated organisations each of which is to be responsible for its own financial affairs and transactions for the purposes of that Part.

(3) In the latter case the scheme must—

(a) identify, by reference to organisations mentioned in the party’s constitution, those which are to constitute the central organisation and the accounting units respectively; and

(b) give the name of each of those organisations.

(4) The scheme must in every case include such other information as may be prescribed by regulations made by the Commission.

(5) Where a draft scheme is submitted by a party for the Commission’s approval, the Commission may either—

(a) approve the scheme, or

(b) give the party a notice requesting it to submit a revised scheme to them,

as they think fit.

(6) If under subsection (5) the Commission request a party to submit a revised scheme, they may specify either or both of the following, namely—

(a) any matters which they consider should be dealt with in the revised scheme; and

(b) any modifications which they consider should be incorporated in it.

(7) A registered party may at any time notify the Commission that it wishes to replace the scheme for the time being approved in relation to it under this section with a further scheme complying with subsections (1) to (4); and where it so notifies the Commission—

(a) it shall submit for the Commission’s approval a draft of the replacement scheme;

(b) subsections (5) and (6) shall apply in connection with the approval by the Commission of that scheme; and

(c) once that scheme has been approved in writing by the Commission it shall have effect as the party’s scheme under this section.

(8) For the purposes of this section none of the following shall be taken to be a constituent or affiliated organisation in relation to a party—

(a) a trade union within the meaning of the M1 Trade Union and Labour Relations (Consolidation) Act 1992 or the M2 Industrial Relations (Northern Ireland) Order 1992;

(b) a friendly society registered under the M3 Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the M4 Industrial and Provident Societies Act 1965 or the M5 Industrial and Provident Societies Act (Northern Ireland) 1969;

(c) any other organisation specified, or of a description specified, in an order made by the Secretary of State on the recommendation of the Commission.

(9) In this section “constitution”, in relation to a party, means the document or documents (of whatever name) by which the structure and organisation of the party is determined.

(10) In connection with the registration of a party in both the Great Britain register and the Northern Ireland register, subsection (1)(a) and the other provisions of this section apply (in accordance with section 23(5)) separately in relation to the party in Great Britain and the party in Northern Ireland, and in that connection—

(a) any reference in this section to a constituent or affiliated organisation in relation to the party shall be read as a reference to a constituent or affiliated organisation in relation to the party in Great Britain or the party in Northern Ireland, as appropriate; and

(b) any reference in this Part to the party’s constitution shall be read as a reference to the party’s constitution so far as relating to the party in Great Britain or the party in Northern Ireland, as appropriate;

and the party’s scheme must show that the financial affairs of the party in Great Britain will be conducted separately from those of the party in Northern Ireland.

(11) For the purposes of this Act—

(a) “accounting unit” means a constituent or affiliated organisation falling within paragraph (b) of subsection (2);

(b) a registered party is a “party with accounting units” if the party’s scheme under this section identifies the party as being one falling within that paragraph; and

(c) in the case of such a party, the “central organisation” of the party is the central organisation referred to in that paragraph.

Commencement Information

I3 S. 26 wholly in force; s. 26 in force at Royal Assent for specified purposes, see s. 163(3); s. 26 partly in force at 14.12.2000 for specified purposes by s. 163(4) and fully in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to the transitional provisions in Pt. II of Sch. 1)

Marginal Citations

M1 1992 c. 52.

M2 S.I. 1992/807 (N.I.5).

M3 1974 c. 46.

M4 1965 c. 12.

M5 1969 c. 24 (N.I.).

27 Financial structure of registered party: accounting units. U.K.

(1) This section applies where a registered party is a party with accounting units.

(2) For each accounting unit there shall be—

(a) a person registered as the treasurer of the unit who shall be responsible for compliance on the part of the unit with the provisions of Parts III and IV so far as relating to it; and

(b) another person who is an officer of the unit registered for the purposes of subsection (3).

(3) Section 24(6), (8) and (9) shall apply in relation to a person registered as treasurer of an accounting unit as they apply in relation to a person registered as treasurer of the party, except that in section 24(6) the reference to the appropriate person shall be read as a reference to the officer of the unit who is registered for the purposes of this subsection.

Commencement Information

I4 S. 27 wholly in force at 16.2.2001; s. 27 not in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 27 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)