Political Parties, Elections and Referendums Act 2000

Financing of Commission U.K.

14 (1) The expenditure of the Commission, so far as it cannot be met out of income received by the Commission, shall be met, in accordance with this paragraph, out of money provided by Parliament (except so far as it is— U.K.

(a) reimbursed by the Secretary of State under section 18(9) or the Scottish Ministers in pursuance of section [F1 [F2 13A] , 19(11) or] 145(6); F3 . . .

[F4 (aa) met out of the Welsh Consolidated Fund under paragraph 16A;]

[F5 (aa) met by the Scottish Parliamentary Corporate Body under paragraph 14A,]

[F6 (b) met by the Welsh Ministers in pursuance of section 5(3) F7 ...; or

(c) met by the [F8 Senedd] Commission under Schedule 2 paragraph 6 to the Government of Wales Act 2006.]

(2) For each financial year (other than the Commission’s first financial year) the Commission shall prepare, and submit to the Speaker’s Committee, an estimate of the Commission’s income and expenditure.

(3) The Speaker’s Committee shall—

(a) examine each such estimate submitted to them; and

(b) decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions; and

(c) if they are not so satisfied, shall make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency.

(4) Before deciding whether they are so satisfied or making any such modifications, the Speaker’s Committee shall—

(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 16 and to any recommendations contained in that report; and

(b) consult the Treasury and have regard to any advice which the Treasury may give.

(5) The Speaker’s Committee shall, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.

(6) If the Speaker’s Committee, in the discharge of their functions under this paragraph—

(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,

(b) do not follow any advice given to them by the Treasury, or

(c) make any modification to the estimate,

they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.

[F9 (6A) An estimate prepared under this paragraph must not include income or expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16A).]

(7) The Secretary of State may by order provide for the transfer to the Commission of such property, rights and liabilities—

(a) to which he is entitled or subject, and

(b) which are specified in the order,

as he considers appropriate in connection with the establishment of the Commission.

(8) Such an order may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of any such property, rights or liabilities otherwise than by the order.

Textual Amendments

F1 Words in Sch. 1 para. 14(1)(a) repealed (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 15(2)(a), 35; S.S.I. 2020/278, reg. 2, sch.

F2 Word in Sch. 1 para. 14(1)(a) substituted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 16(4), 21(1); S.S.I. 2011/277, art. 2(b)

F3 Word in Sch. 1 para. 14(1)(a) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 98(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F4 Sch. 1 para. 14(1)(aa) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 14(2)(a)(i); S.I. 2020/1052, art. 2(b)

F5 Sch. 1 para. 14(1)(aa) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 15(2)(b), 35; S.S.I. 2020/278, reg. 2, sch.

F6 Sch. 1 para. 14(1)(b)(c) substituted for Sch. 1para. 14(1)(b) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 98(3) (with Sch. 1 para. 98(4)), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F7 Words in Sch. 1 para. 14(1)(b) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 14(2)(a)(ii); S.I. 2020/1052, art. 2(b)

F8 Word in Sch. 1 para. 14(1)(c) substituted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 14(2)(a)(iii); S.I. 2020/1052, art. 2(b)

F9 Sch. 1 para. 14(6A) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 14(2)(b); S.I. 2020/1052, art. 2(b)

Modifications etc. (not altering text)

C1 Sch. 1 para. 14(1) modified (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), ss. 28(2), 36

C2 Sch. 1 para. 14(1) modified (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 30(4), 41

C3 Sch. 1 para. 14(2) excluded (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), ss. 29(5), 36

C4 Sch. 1 para. 14(2) excluded (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), ss. 31(5), 41

Financing of Commission: devolved Scottish elections U.K.

[F10 14A (1) The Scottish Parliamentary Corporate Body (in this paragraph, the “SPCB”) must reimburse the Commission for any expenditure properly incurred by the Commission (in so far as it cannot be met out of income received by the Commission) which is attributable to the exercise of the Commission's devolved Scottish functions.

(2) Sub-paragraph (1) does not require the SPCB to reimburse any expenditure which exceeds or is otherwise not covered by an estimate or, as the case may be, a revised estimate approved under this paragraph.

(3) However, the SPCB may reimburse that expenditure.

(4) Before the start of each financial year, the Commission must prepare an estimate of the Commission's income and expenditure for the year in relation to the Commission's devolved Scottish functions and, by such date as the SPCB determines, send the estimate to the SPCB for approval.

(5) The Commission may, in the course of a financial year, prepare a revised estimate for the remainder of the year and send it to the SPCB for approval.

(6) In preparing an estimate or a revised estimate, the Commission must ensure that the estimated level of income and expenditure is consistent with the economical, efficient and effective exercise by the Commission of their devolved Scottish functions.

(7) An estimate or a revised estimate must contain a statement that the Commission have complied with the duty under sub-paragraph (6).

(8) In this paragraph, “devolved Scottish functions”, in relation to the Commission, means the functions of the Commission under Part 1 in relation to—

(a) Scottish Parliamentary general elections,

(b) elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and

(c) local government elections in Scotland,

in so far as those functions do not relate to reserved matters (within the meaning of the Scotland Act 1998).]

Textual Amendments

F10 Sch. 1 para. 14A inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 15(3), 35; S.S.I. 2020/278, reg. 2, sch.