The Political Parties and Elections Act 2009 (Commencement No. 3 and Saving Provision) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, at article 2, brings into force on 26th March 2010 section 25 of the Political Parties and Elections Act 2009 (c.12), together with a consequential repeal.

Section 25 amends section 63 of, and Schedule 1 to, the Representation of the People Act 1983 (1983 c.2) (“the 1983 Act”). The amendment to section 63 (breach of official duty) omits the words “sheriff clerk”. The amendment to Schedule 1 substitutes a revised rule 58 (disposal of documents in Scotland) in the Parliamentary Election Rules contained in Schedule 1 to the 1983 Act. The new rule 58 gives responsibility for the retention of, provision of access to, and disposal of, the election records and documents for a United Kingdom Parliamentary election in Scotland to the Parliamentary Returning Officer for the election.

The saving provision at article 3 of the Order ensures that the provisions brought into force by article 2 do not apply to elections where the date of the poll is before the date on which those provisions come into force (26th March 2010). Those documents will continue to be forwarded to and held by sheriff clerks until destroyed under rule 57 of the Parliamentary Elections Rules.