Part X Miscellaneous and general
Overseas electors
141 Reduction of qualifying period for overseas electors.
In each of the following provisions of the Representation of the M1People Act 1985 (as amended by the Representation of the People Act 2000), namely—
(a)
section 1(3) and (4) (conditions to be satisfied by British citizen in order to qualify as overseas elector in relation to parliamentary election), and
(b)
section 3(3) and (4) (conditions to be satisfied by peer in order to qualify as overseas elector in relation to European Parliamentary election),
for “20 years” there shall be substituted “
15 years
”
.
Pre-consolidation amendments
F1142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Election material
143 Details to appear on election material.
(1)
No election material shall be published unless—
(a)
in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or
(b)
in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.
(2)
For the purposes of subsections (3) to (5) the following details are “the relevant details” in the case of any material falling within subsection (1)(a), namely—
(a)
the name and address of the printer of the document;
(b)
the name and address of the promoter of the material; and
(c)
the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
F2(2A)
For the purposes of subsection (2)(c), election material to which subsection (2B) applies—
(a)
is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing his electoral success or standing, but
(b)
may be regarded as being published on behalf of the party mentioned in subsection (2B).
(2B)
This subsection applies to election material which can be reasonably regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election.
(3)
Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
(4)
Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.
(5)
Where the material is an advertisement contained in a newspaper or periodical—
(a)
the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
(b)
the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.
(6)
The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely—
(a)
the name and address of the promoter of the material; and
(b)
the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
(7)
Regulations under subsection (6) may in particular specify—
(a)
the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
(b)
circumstances in which—
(i)
any such requirement does not have to be complied with by a person of any description specified in the regulations, or
(ii)
a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
(c)
circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
(8)
Where any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))—
(a)
the promoter of the material,
(b)
any other person by whom the material is so published, and
(c)
the printer of the document,
shall be guilty of an offence.
(9)
Where any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))—
(a)
the promoter of the material, and
(b)
any other person by whom the material is so published,
shall be guilty of an offence.
(10)
It shall be a defence for a person charged with an offence under this section to prove—
(a)
that the contravention of subsection (1) arose from circumstances beyond his control; and
(b)
that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
(11)
In this section—
“election material” has the meaning given by section 85(3);
“print” means print by whatever means, and “printer” shall be construed accordingly;
“the promoter”, in relation to any election material, means the person causing the material to be published;
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
Broadcasting during election period
144 Broadcasting of local items during election period.
“93 Broadcasting of local items during election period.
(1)
Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
(2)
The code for the time being adopted by a broadcasting authority under this section shall be either—
(a)
a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
(b)
a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
(3)
Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
(4)
The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
(5)
For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—
(a)
(if a parliamentary general election) with the date of the dissolution of Parliament or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced,
(b)
(if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M3Recess Elections Act 1975, or
(c)
(if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
(6)
In this section—
“broadcasting authority” means the British Broadcasting Corporation, the Independent Television Commission, the Radio Authority or Sianel Pedwar Cymru;
“candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
“relevant services”—
(a)
in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
(b)
in relation to the Independent Television Commission, means services licensed under Part I of the M4Broadcasting Act 1990 or Part I of the Broadcasting M5Act 1996; and
(c)
in relation to the Radio Authority, means services licensed under Part III of the M6Broadcasting Act 1990 or Part II of the M7Broadcasting Act 1996.”
Enforcement of Act
145 General function of Commission with respect to monitoring compliance with controls imposed by the Act etc.
(1)
The Commission shall have the general function of monitoring compliance with—
(a)
the restrictions and other requirements imposed by or by virtue of Parts III to VII; and
(b)
the restrictions and other requirements imposed by other enactments in relation to—
(i)
election expenses incurred by or on behalf of candidates at elections, or
(ii)
donations to such candidates or their election agents.
(2)
Subsection (1)(b) does not apply in relation to local government elections in Scotland unless and to the extent that the Scottish Ministers by order so provide.
(3)
For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
(4)
Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (2) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
(5)
The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(6)
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2).
F3(6A)
The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—
(a)
what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;
(b)
what it is desirable to do (or avoid doing) in view of the purpose of the requirement.
(7)
In this section and sections 146 and 148—
“election” means a relevant election for the purposes of Part II;
“election agent” includes a sub-agent.
146 Supervisory powers of Commission.
(1)
The Commission may by notice require the relevant person in the case of any supervised organisation or individual (or former supervised organisation or individual)—
(a)
to produce, for inspection by the Commission or a person authorised by the Commission, any such books, documents or other records relating to the income and expenditure of the organisation or individual as the Commission may reasonably require for the purposes of the carrying out by them of their functions, or
(b)
to furnish the Commission, or a person authorised by the Commission, with such information or explanation relating to the income and expenditure of the organisation or individual as the Commission may reasonably so require,
and to do so within such reasonable time as is specified in the notice.
(2)
The Commission, or a person authorised by the Commission, may—
(a)
make copies of, or records of any information contained in, any books, documents or other records produced under subsection (1)(a);
(b)
make copies or records of any information or explanation furnished under subsection (1)(b).
(3)
A person authorised in writing by the Commission may, for the purposes of the carrying out by the Commission of their functions, enter at any reasonable time premises occupied by a supervised organisation or individual and having entered any such premises may—
(a)
inspect any books, documents or other records relating to the income and expenditure of the organisation or individual, and
(b)
make copies of, or records of any information contained in, any such books, documents or other records.
(4)
Where any such records as are mentioned in subsection (1) or (3) are kept in electronic form, then—
(a)
the power of the Commission under subsection (1) to require any such records to be produced for inspection includes power to require a copy of the records to be made available for inspection in legible form (and subsection (2)(a) shall accordingly apply in relation to any copy so made available); and
(b)
the power of any person (“the inspector”) under subsection (3) to inspect any such records includes power to require any person on the premises in question to give the inspector such assistance as he may reasonably require to enable him—
(i)
to inspect and make copies of the records in legible form or to make records of information contained in them, or
(ii)
to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records.
(5)
A person commits an offence if he fails, without reasonable excuse, to comply with any requirement imposed under this section.
(6)
A person commits an offence if he intentionally obstructs a person authorised as mentioned in subsection (3) in the carrying out of that person’s functions under that subsection.
(7)
Subject to subsection (8), subsection (1) shall apply in relation to—
(a)
a regulated donee (or former regulated donee),
F4(aa)
a regulated participant (or former regulated participant), or
(b)
a person who is (or has been) a candidate at an election (other than a local government election in Scotland) or the election agent for such a candidate,
as it applies to a supervised organisation or individual (or former supervised organisation or individual); and subsections (2), (4) and (5) apply accordingly.
(8)
The powers conferred by virtue of subsection (7) may only be exercised by the Commission (or, as the case may be, by a person authorised by them) for or in connection with obtaining—
(a)
such information or explanations relating to the income and expenditure of regulated donees in connection with their political activities as the Commission reasonably require for the purpose of monitoring compliance on the part of regulated donees with the requirements imposed by or by virtue of Schedule 7,
F5(aa)
such information or explanations relating to the income and expenditure of regulated participants in connection with the political activities as the Commission reasonably require for the purpose of monitoring compliance on the part of regulated participants with the requirements imposed on them by or by virtue of Schedule 7A, or
(b)
such information or explanations relating to the income and expenditure of candidates within paragraph (b) of that subsection and their election agents as the Commission reasonably require for the purpose of monitoring compliance on the part of such candidates and their agents with restrictions and other requirements falling within section 145(1)(b),
as the case may be.
(9)
In this section—
“regulated donee” and “political activities”, in relation to a regulated donee, each have the same meaning as in Schedule 7;
F6“regulated participant” and “political activities” in relation to a regulated participant must be construed in accordance with Schedule 7A;
“relevant person”, in relation to a supervised organisation or individual, means—
(a)
in the case of an organisation, any person who is or has been the treasurer or another officer of the organisation, and
(b)
in the case of an individual, that individual;
“supervised organisation or individual” means—
(a)
a registered party or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units,
(b)
a recognised third party (within the meaning of Part VI), or
(c)
a permitted participant (within the meaning of Part VII).
147 Civil penalty for failure to deliver documents etc.
(1)
This section applies where—
(a)
the requirements of section 31(4) or 34(3) are not complied with in relation to any notification required to be given by the treasurer or (as the case may be) registered leader of a registered party;
(b)
the requirements of section 45(1) or (2) are not complied with in relation to any statement of accounts, notification or auditor’s report relating to a registered party or any accounting unit of such a party;
(c)
the requirements of section 65(1) or (2) are not complied with in relation to any donation report relating to a registered party;
F7(ca)
the requirements of section 71S(1) or (2) are not complied with in relation to any transaction report relating to a registered party;
(d)
the requirements of section 74(6) are not complied with in relation to any notification required to be given by the treasurer of a registered party;
(e)
the requirements of section 82(1), (2) or (3) are not complied with in relation to any return or auditor’s report relating to a registered party;
(f)
the requirements of section 98(1), (2) or (3) are not complied with in relation to any return or auditor’s report relating to a recognised third party (within the meaning of Part VI); or
(g)
the requirements of section 122(1), (2) or (3) are not complied with in relation to any return or auditor’s report relating to a permitted participant (within the meaning of Part VII).
(2)
In a case where this section applies, the relevant organisation is liable to a civil penalty under this section.
This is in addition to any criminal liability of any person under any other provision of this Act.
(3)
The amount of the penalty shall be determined by reference to the length of the period between—
(a)
the end of the period within which—
(i)
the notification mentioned in subsection (1)(a) or (d) was required to be given to the Commission, or
(ii)
the document mentioned in subsection (1)(b), (c), (e), (f) or (g) was required to be delivered to them,
as the case may be, and
(b)
the day on which the requirements are complied with,
and shall be so determined as follows:—
Length of period | Penalty |
|---|---|
Not more than 3 months. | £500 |
More than 3 months but not more than 6 months. | £1,000 |
More than 6 months but less than 12 months. | £2,000 |
(4)
If the requirements are not complied with by the end of the period of 12 months after the end of the period referred to in subsection (3)(a), a penalty of £5,000 is payable—
(a)
in respect of that period of 12 months, and
(b)
in respect of each subsequent period of 12 months during any part of which the requirements are not complied with.
(5)
Any penalty imposed by this section—
(a)
shall be recoverable in proceedings brought by the Commission as a debt due to them; and
(b)
once so recovered, shall be paid by them into the Consolidated Fund.
(6)
Where the relevant organisation is an unincorporated association, any such penalty shall be paid out of the funds of the organisation.
(7)
In the application of this section in relation to any such document as is mentioned in subsection (1)(b)—
(a)
subsection (3)(a) shall be read as referring to the end of the relevant period within the meaning of section 47 or the period specified in paragraph 8(2)(b) of Schedule 5 (as the case may be); and
(b)
in the case of a document relating to an accounting unit of a registered party—
(i)
subsection (3) shall have effect as if the sums specified in the second column of the table were instead £100, £250 and £500, and
(ii)
subsection (4) shall have effect as if the sum there specified were instead £1,000.
(8)
For the purposes of this section “the relevant organisation” is—
(a)
in a case falling within subsection (1)(a) to (e), the registered party concerned;
(b)
in a case falling within subsection (1)(f), the recognised third party concerned; and
(c)
in a case falling within subsection (1)(g), the permitted participant concerned.
148 General offences.
(1)
A person commits an offence if he—
(a)
alters, suppresses, conceals or destroys, or
(b)
causes or permits the alteration, suppression, concealment or destruction of,
any document or other record relating to the financial affairs or transactions of a supervised organisation or individual which is or is liable to be required to be produced for inspection under section 146(1), and does so with the intention of falsifying the document or record or enabling that organisation or individual to evade any of the provisions of this Act.
(2)
Where the relevant person in the case of a supervised organisation, or a person acting on his behalf, requests a person holding an office in any such organisation (“the office-holder”) to supply the relevant person with any information which he reasonably requires for the purposes of any of the provisions of this Act, the office-holder commits an offence if—
(a)
without reasonable excuse, he fails to supply the relevant person with that information as soon as is reasonably practicable, or
(b)
in purporting to comply with the request, he knowingly supplies the relevant person with any information which is false in a material particular.
(3)
A person commits an offence if, with intent to deceive, he withholds—
(a)
from the relevant person in the case of a supervised organisation, or
(b)
from a supervised individual,
any information required by the relevant person or that individual for the purposes of any of the provisions of this Act.
(4)
In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.
(5)
Subsections (1) and (3) shall apply in relation to a person who is (or has been)—
(a)
a candidate at an election (other than a local government election in Scotland), or
(b)
the election agent for such a candidate,
as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 145(1)(b).
(6)
In this section—
(a)
“supervised individual” means an individual who is a regulated donee F8regulated participant, a recognised third party or a permitted participant;
(b)
“supervised organisation” means—
(i)
a registered party or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units,
(ii)
a regulated donee which is a members association,
F9(iia)
a regulated participant which is a members association,
(iii)
a recognised third party other than an individual, or
(iv)
a permitted participant other than an individual;
(c)
“relevant person” means a person who is (or has been)—
(i)
in relation to a registered party (other than a minor party) or the central organisation of such a party, the treasurer of the party,
(ii)
in relation to any accounting unit of such a party, the registered treasurer of the unit,
(iii)
in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 7,
F10(iiia)
in relation to a regulated participant which is a members association, the person responsible for the purposes of Schedule 7A,
(iv)
in relation to a recognised third party, the responsible person for the purposes of Part VI,
(v)
in relation to a permitted participant, the responsible person for the purposes of Part VII;
(d)
“regulated donee” and “members association” have the same meaning as in Schedule 7;
F11(da)
“regulated participant” has the same meaning as in Schedule 7A;
(e)
“recognised third party” and “permitted participant” have the same meaning as in Parts VI and VII respectively.
Inspection of registers etc.
149 Inspection of Commission’s registers etc.
(1)
This section applies to any register kept by the Commission under—
(a)
section 23;
(b)
section 69;
F12(ba)
section 71V;
(c)
section 89;F13. . .
(d)
section 107.
F14(e)
paragraph 19 of Schedule 7;
(f)
paragraph 7 of Schedule 19A.
(2)
The Commission shall make a copy of the register available for public inspection during ordinary office hours, either at the Commission’s offices or at some convenient place appointed by them.
(3)
The Commission may make other arrangements for members of the public to have access to the contents of the register.
(4)
If requested to do so by any person, the Commission shall supply him with a copy of the register or any part of it.
(5)
The Commission may charge such reasonable fee as they may determine in respect of—
(a)
any inspection or access allowed under subsection (2) or (3); or
(b)
any copy supplied under subsection (4).
(6)
Subsections (2) to (5) shall apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of—
(a)
section 46,
(b)
section 84,
(c)
section 100, or
(d)
section 124,
as they apply in relation to any register falling within subsection (1).
(7)
Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy—
(a)
made available for public inspection under subsection (2), or
(b)
supplied under subsection (4),
must be made available, or (as the case may be) supplied, in a legible form.
F15(8)
Subsections (2) to (4) do not apply to so much of the register maintained under section 69 as concerns donations to a Northern Ireland recipient.
(9)
“Northern Ireland recipient” has the same meaning as in Chapter 6 of Part 4.
F16(10)
Subsections (2) to (4) do not apply to so much of the register maintained under section 71V as concerns recordable transactions to which a Northern Ireland participant is a party.
(11)
“Northern Ireland participant” has the same meaning as in Chapter 2 of Part 4A.
Provisions relating to offences
150 Punishment of offences.
(1)
Schedule 20 makes provision for the punishment of offences under this Act.
(2)
In relation to an offence under any provision specified in the first column of that Schedule, the second column shows—
(a)
whether the offence is punishable on summary conviction only or is punishable either on summary conviction or on conviction on indictment; and
(b)
the maximum punishment (or, in the case of a fine on a conviction on indictment, the punishment) which may be imposed by way of fine or imprisonment on a person convicted of the offence in the way specified;
and, where that column shows two alternative penalties that may be imposed on a person convicted in the way specified, as a further alternative both of those penalties may be imposed on him.
(3)
In the second column of that Schedule—
(a)
“Level 5” means a fine not exceeding level 5 on the standard scale;
(b)
“statutory maximum” means a fine not exceeding the statutory maximum; and
F18(4)
In the application of this section to Gibraltar—
(a)
the reference to the standard scale shall have effect as if it were a reference to the standard scale pursuant to section 189 of, and Schedule 6 to, the Criminal Procedure Ordinance; and
(b)
the reference to the statutory maximum shall have effect as if it were a reference to level 5 on that scale.
F19(5)
In the application of Schedule 20 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), a reference to 51 weeks is to be read as a reference to 6 months.
151 Summary proceedings.
(1)
Summary proceedings for any offence under this Act may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which he is for the time being.
(2)
Despite anything in section 127(1) of the M8Magistrates’ Courts Act 1980, any information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.
(3)
Despite anything in section 136 of the M9Criminal Procedure (Scotland) Act 1995, summary proceedings for such an offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section shall apply for the purposes of this subsection as it applies for the purposes of that section.
(4)
Despite anything in Article 19(1) of the M10Magistrates’ Courts (Northern Ireland) Order 1981, a complaint relating to such an offence which is triable by a court of summary jurisdiction in Northern Ireland may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.
F20(4A)
Despite anything in section 117 of the Criminal Procedure Ordinance, any information or complaint relating to such an offence which is triable by a magistrates' court in Gibraltar may be so tried if it is laid or made at any time within three years after the commission of the offence and within six months after the relevant date.
(5)
In this section “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.
(6)
For the purposes of subsection (5) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.
152 Offences committed by bodies corporate.
(1)
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)
any director, manager, secretary or other similar officer of the body corporate, or
(b)
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
153 Offences committed by unincorporated associations.
(1)
Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents shall have effect as if the association were a corporation.
(2)
A fine imposed on an unincorporated association on its conviction of an offence under this Act shall be paid out of the funds of the association.
(3)
Section 33 of the M11Criminal Justice Act 1925 and Schedule 3 to the M12Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) shall have effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Act in like manner as they have effect in the case of a corporation so charged.
(4)
In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under this Act by an unincorporated association, section 70 of the M13Criminal Procedure (Scotland) Act 1995 (proceedings on indictment against bodies corporate) shall have effect as if the association were a body corporate.
(5)
Section 18 of the M14Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the M15 Magistrates’Courts (Northern Ireland) Order 1981 (procedure on charge of offence against a corporation) shall have effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Act in like manner as they have effect in the case of a corporation so charged.
F21(5A)
Sections 124 and 144 of, and Schedule 4 to, the Criminal Procedure Ordinance shall have effect in a case in which an unincorporated association is charged in Gibraltar with an offence under this Act in like manner as they have effect in the case of a corporation so charged.
(6)
Where a partnership is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, he as well as the partnership shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(7)
Where any other unincorporated association is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)
any officer of the association, or
(b)
any member of the committee or other similar governing body of the association,
he, as well as the association, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
154 Duty of court to report convictions to Commission.
The court by or before which a person is convicted of—
(a)
an offence under this Act, or
(b)
an offence committed in connection with a relevant election (within the meaning of Part II),
shall notify the Commission of his conviction as soon as is practicable.
Variation of specified sums
155 Power to vary specified sums.
(1)
The Secretary of State may by order vary any sum for the time being specified in any provision of this Act (other than the sum specified in section 12(8) or 36(5)).
(2)
The Secretary of State may make such an order either—
(a)
where he considers it expedient to do so in consequence of changes in the value of money, or
(b)
where the order gives effect to a recommendation of the Commission.
F22(3)
Subsection (4) applies in relation to the sums specified in—
(a)
Part 4;
(b)
Part 4A;
(c)
Schedule 11;
(d)
Schedule 15;
(e)
Schedule 19A.
(4)
In each Parliament, other than a Parliament that is dissolved less than two years after the date of its first sitting, the Secretary of State must either—
(a)
make an order in pursuance of subsection (2)(a), or
(b)
lay before Parliament a statement setting out the Secretary of State's reasons for not doing so.
Supplementary
156 Orders and regulations.
(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 F23... 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—
F24(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
section 51(4),
(c)
section 67(1),
F25(ca)
any provision of Chapter 6 of Part 4;
(d)
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(da)
section 71F(13),
(db)
section 71H(4),
(dc)
section 71U(1),
F28(dd)
any provision of Chapter 2 of Part 4A,
(e)
section 101(4),
(f)
section 108(3),
(g)
section 109(6),
(h)
section 129,
F29(ha)
paragraph 9 of Schedule 6A,
(i)
paragraph 3(4) of Schedule 7,
F30(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.
157 Documents for purposes of the Act.
(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.
158 Minor and consequential amendments and repeals.
(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)
(b)
of provisions amending any of those provisions,
have effect in relation to local government elections in Scotland.
159 Financial provisions.
(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.
F34159AFunctions of the F33Lord President of the Council
In this Act, except—
(a)
sections 9 F35,18(2) and (4), Chapter 6 of Part 4 and Chapter 2 of Part 4A, and
(b)
paragraph 7 of Schedule 9,
“the Secretary of State” means the Secretary of State or the F36Lord President of the Council .
160 General interpretation.
(1)
In this Act—
“accounting unit” and “party with accounting units” shall be construed in accordance with section 26(11);
“bequest” includes any form of testamentary disposition;
“body”, without more, means a body corporate or any combination of persons or other unincorporated association;
“broadcaster” has the meaning given by section 37(2);
“business” includes every trade, profession and occupation;
“central organisation”, in relation to a registered party, shall be construed in accordance with section 26(11);
F37“combined region” means the electoral region which includes Gibraltar, namely the South West electoral region;
“the Commission” means the Electoral Commission;
“document” means a document in whatever form it is kept;
“enactment” includes—
(a)
any provision of an Act (including this Act),
(b)
any provision of or of any instrument made under Northern Ireland legislation, and
(c)
any provision of subordinate legislation (within the meaning of the M17Interpretation Act 1978);
F38“exempt Gibraltar trust donation” has the meaning given by section 162;
“exempt trust donation” has the meaning given by section 162;
“functions” includes powers and duties;
F39“Gibraltar court” as respects any purpose, means the court determined by or under the law of Gibraltar to be the court for that purpose;
F40“Gibraltar elector” means an individual—
(a)
who is registered in the Gibraltar register, or
(b)
if the first version of that register has not been published—
- (i)
who is registered in the register of electors used for House of Assembly elections, or
- (ii)
who is resident in Gibraltar, aged 16 or over and is a Commonwealth citizen or a citizen of the European Union (other than a Commonwealth citizen);
F41“Gibraltar party” has the meaning given by section 28(8)(d); and;
F42“Gibraltar register” has the meaning given by section 14 of the European Parliament (Representation) Act 2003
“the Great Britain register” and “the Northern Ireland register” mean the registers of political parties referred to in section 23(2)(a) and (b) respectively;
“local election”, in relation to Northern Ireland, means a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962;
“local government election” means a local government election within the meaning of section 191, 203 or 204 of the Representation of the M18People Act 1983 or an election under Part II of the Local Government Act 2000 for the return of an elected mayor;
“market value”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market;
“minor party” means (in accordance with section 34(1)) a party registered in the Great Britain register in pursuance of a declaration falling within section 28(2)(d);
“modifications” includes additions, omissions and amendments, and “modify” shall be construed accordingly;
“organisation” includes any body corporate and any combination of persons or other unincorporated association;
“property” includes any description of property, and references to the provision of property accordingly include the supply of goods;
“qualified auditor” means (subject to subsection (2))
(a)
(b)
in the case of a Gibraltar party, a person who is, in accordance with section 6 of the Auditors Approval and Registration Ordinance 1998, eligible for appointment as a company auditor;
“record” means a record in whatever form it is kept;
“registered party” means a party registered under Part II of this Act;
“treasurer”, in relation to a registered party, means registered treasurer.
(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.
For this purpose “officer or employee” does not include an auditor.
(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 F45, the Welsh 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 F46, the Welsh Ministers or any Minister within the meaning of the M19Northern Ireland Act 1998,
(ii)
(iii)
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
payments by the Scottish Parliamentary Corporate Body F50, the National Assembly for Wales Commission 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.
F51(6)
161 Interpretation: donations.
(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.
162 Interpretation: exempt trust donations.
(1)
For the purposes of this Act—
F53(a)
“exempt trust donation” means a donation to which subsection (2) or (3) applies, other than one falling within subsection (5)
F54(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.
F55(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 F56subsections (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 F57or 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.
163 Short title, commencement, transitional provisions and extent.
(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.
F58(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.);
F59(da)
Part 4A (Regulation of Loans and Related Transactions);
(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.