Political Parties, Elections and Referendums Act 2000

160 General interpretation. U.K.

(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);

• [F1 “combined region” means the electoral region which includes Gibraltar, namely the South West electoral region;]

• “the Commission” means the Electoral Commission;

• [F2 “contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;]

• “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 M1 Interpretation Act 1978);

• [F3 “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;

• [F4 “Gibraltar court” as respects any purpose, means the court determined by or under the law of Gibraltar to be the court for that purpose;]

• [F5 “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);]

• [F6 “Gibraltar party” has the meaning given by section 28(8)(d); and;]

• [F7 “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 M2 People 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)

  [F8 a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006;][F9 or

  (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;

• [F2 “restriction” includes prohibition;]

• “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 [F10 , 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 [F11 , the Welsh Ministers] or any Minister within the meaning of the M3 Northern Ireland Act 1998,

(ii) any government department (including a Northern Ireland department) [F12 , the Welsh Assembly Government] or any part of the Scottish Administration F13 . . .

(iii) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) payments by the Scottish Parliamentary Corporate Body [F15 , 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.

[F16 (6) References in this Act to a named [F17 Act] are to the Gibraltar [F17 Act] of that name.]

Textual Amendments

F1 S. 160(1): definition of "combined region" 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. 31(a)(ii)

F2 Words in s. 160(1) inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), s. 43(1), Sch. 6 para. 26; S.I. 2010/2866, art. 3(d)(g)

F3 S. 160(1): definition of "exempt Gibraltar trust donation" 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. 31(a)(ii)

F4 S. 160(1): definition of "Gibraltar court" 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. 31(a)(ii)

F5 S. 160(1): definition of "Gibraltar elector" 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. 31(a)(ii)}

F6 S. 160(1): definition of "Gibraltar party" 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. 31(a)(ii)

F7 S. 160(1): definition of "Gibraltar register" 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. 31(a)(ii)

F8 S. 160(1): in definition of "qualified auditor" para. (a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1), Sch. 1 para. 26 (with arts. 6, 11, 12)

F9 S. 160(1): para. (b) and preceding word inserted (5.2.2004) in definition of "qualified auditor" 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. 31(a)(i)(bb)

F10 Words in s. 160(4)(a)(i) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(a), 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.

F11 Words in s. 160(4)(b)(i) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(b)(i), 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.

F12 Words in s. 160(4)(b)(ii) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(b)(ii), 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.

F13 Word in s. 160(4)(b)(ii) 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. 97(b)(ii), 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.

F14 S. 160(4)(b)(iii) 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. 97(b)(iii), 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.

F15 Words in s. 160(4)(c) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 97(c), 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.

F16 S. 160(6) 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. 31(b)

F17 Words in s. 160(6) substituted (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 15

Marginal Citations

M1 1978 c. 30.

M2 1983 c. 2.

M3 1998 c. 47.