Political Parties, Elections and Referendums Act 2000

Failure to comply with paragraph 2 or 3

5 (1) This paragraph applies where a party registered under the 1998 Act on the initial date fails to send or give to the Commission by the end of the compliance period one or more of the following things, namely—

(a) any declaration required under paragraph 2(2);

(b) any information or notification required under paragraph 2(4);

(c) any document required under paragraph 3(2);

(d) any notification required under paragraph 3(3).

(2) In this paragraph—

(a) “the outstanding material” means the thing or things which as mentioned in sub-paragraph (1) was or were not sent or given to the Commission by the end of the compliance period;

(b) “the transitional period” means the period of three months beginning immediately after the end of the compliance period;

(c) “the protected period” means the period beginning with the appointed day and ending—

(i) at the end of the transitional period, or

(ii) in a case where sub-paragraph (4) applies, on the date determined by the Commission under that sub-paragraph.

(3) During so much of the transitional period as falls before the appointed day, the party shall be treated for all purposes relating to elections or referendums as if it were not registered under the 1998 Act; and on that day the party’s registration under that Act shall terminate without being replaced by any such registration under Part II of this Act as is mentioned in paragraph 4(2).

(4) However, if the Commission receive the outstanding material before the end of the transitional period, paragraph 4(2) shall have effect so as to require the Commission to secure that any such entry as is mentioned in that provision is made in one (or each) of the new registers with effect from such date (not earlier than the appointed day) as they may determine.

(5) During the protected period sections 28(4) and 29(2) shall have effect as if—

(a) the name of the party registered under the 1998 Act on the initial date and any emblems so registered in respect of it were registered in respect of the party in each of the new registers, and

(b) any such registration in the Great Britain register was in respect of each of England, Scotland and Wales.

(6) In a case where sub-paragraph (4) applies—

(a) section 26(5) and (6) shall apply in connection with the approval of the party’s draft scheme by the Commission; and

(b) paragraph 4(4) and (5) above shall also so apply, except that in paragraph 4(4)(b) the reference to nine months beginning immediately after the end of the compliance period shall be read as a reference to six months beginning immediately after the end of the protected period.