The European Political Parties and European Political Foundations Regulations 2017

Statutory Instruments

2017 No. 474

European Communities

The European Political Parties and European Political Foundations Regulations 2017

Made

27th March 2017

Laid before Parliament

28th March 2017

Coming into force

24th April 2017

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the governance of political parties at the European level(2).

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Citation and commencement

1.—(1) These Regulations may be cited as the European Political Parties and European Political Foundations Regulations 2017.

(2) These Regulations come into force on 24th April 2017.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Companies Act 2006(3);

“Authority” means the Authority for European political parties and European political foundations which is established under Article 6;

“company limited by guarantee” means a company described in section 3(3) of the Act;

“EUPF” means a European political foundation within the meaning set out in Article 2(4);

“EUPP” means a European political party within the meaning set out in Article 2(3);

“EU Regulation” means Regulation (EU, EURATOM) No 1141/2014 of the European Parliament and of the Council of 22nd October 2014 on the statute and funding of European political parties and European political foundations(4);

“registrar” has the meaning set out in section 1060(3) of the Act;

“seat” has the meaning set out in Article 2(11); and

“UK seat” means a seat which is located in the UK.

(2) In these Regulations references to numbered Articles are, unless otherwise stated, references to Articles in the EU Regulation.

Conditions governing the registration of an EUPP or an EUPF

3.  A person must not file an application with the Authority under Article 8 for the registration of an EUPP or an EUPF with a UK seat unless—

(a) the body in respect of which the registration is sought has been registered by the registrar as a company limited by guarantee with its registered office situated in England and Wales (or Wales), Scotland or Northern Ireland; and

(b) the application to the Authority is accompanied by a copy of the certificate of incorporation of the EUPP or of the EUPF as a company limited by guarantee.

Territorial extent

4.  These regulations extend to the whole of the United Kingdom.

Review

5.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives have been achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way that imposed less regulation.

(3) Reports under this regulation are to be published at intervals not exceeding five years commencing with the date on which these Regulations come into force.

Margot James

Parliamentary Under Secretary of State, Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

27th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in respect of European political parties (“EUPP”) and European political foundations (“EUPF”) which are provided for in Regulation (EU, EURATOM) No 1141/2014 of the European Parliament and of the Council of 22nd October 2014 on the statute and funding of European political parties and European political foundations (the “EU Regulation”). They are created by being registered by the Authority for European political parties and European political foundations which is established under Article 6 of the EU Regulation.

Regulation 3 provides that a person must not file an application with the Authority under Article 8 of the EU Regulation to register an EUPP or an EUPF with its central administration in the UK unless the body in respect of which the registration is sought has been registered by the registrar of companies as a company limited by guarantee with its registered office situated in England and Wales (or Wales), Scotland or Northern Ireland and the Article 8 application is accompanied by a copy of the certificate of incorporation.

Regulation 4 provides that the Regulations apply to the United Kingdom.

Regulation 5 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within each period of five years commencing with the date on which these Regulations come into effect.

A full regulatory impact assessment has not been produced for this instrument as it does not regulate or deregulate business.

(1)

1972 c.68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

(2)

S.I. 2003/1888.

(3)

2006 c.46.

(4)

OJ No L 317, 4.11.2014 p.1.