PART 2Provision relating to polls postponed due to coronavirus
CHAPTER 2Candidates
Candidates: Mayor of London and London Assembly election and local councillor by-electionsI18
1
This regulation applies to the following (“a relevant election”)—
a
the ordinary election under section 3(2) of the Greater London Authority Act 1999 (election of Mayor of London and London Assembly)18, the poll for which was due to be held on 7th May 2020 but was not so held as a result of section 60 of the 2020 Act;
b
a relevant by-election to fill a vacancy in the office of councillor for any principal area in England.
2
A person (“P”) who became a candidate at a relevant election on or before 6th April 2020 is no longer a candidate, and is treated as not having been a candidate before the coming into force of this regulation.
3
A person (including P) is not liable in respect of any act or omission (whenever occurring), in relation to P’s candidacy at a relevant election before the coming into force of this regulation (disregarding paragraph (2)), under—
a
section 71A of, and Schedule 2A to, the 1983 Act (control of donations to candidates)19;
b
sections 73 to 90D of the 1983 Act (provisions about candidate election expenses)20.
4
Paragraphs (5) to (7) apply in relation to a donation which would have fallen to be included in a return as to election expenses in respect of P in accordance with Part 3 of Schedule 2A to the 1983 Act if the relevant election had taken place before the coming into force of this regulation (disregarding paragraph (2)).
5
For the purposes of paragraph 4(3)(a) of Schedule 7 to the 2000 Act (donations: disregard for candidate donations) a donation to which this paragraph applies is not to be treated as falling to be included in a return as to election expenses in respect of P.
6
Where a regulated donee is required to take action in respect of a donation to which this paragraph applies under section 56(2) of the 2000 Act (acceptance or return of donations)21, as applied by paragraph 8 of Schedule 7 to that Act22, that provision is to be read as if it required that action to be taken by 30th November 2020 (instead of within the period specified in the provision).
7
Where, in relation to a donation to which this paragraph applies, a regulated donee is required to prepare a report under paragraph 10(1) or 11(1)(a) of Schedule 7 to the 2000 Act (donation reports: permissible and impermissible donors)23, paragraph 10(2) or 11(1)(b) (as the case may be) of that Schedule24 is to be read as if it required the report to be delivered to the Electoral Commission by 30th November 2020 (instead of within the period specified in the provision).
8
A person is not liable for any failure to comply with a requirement referred to in paragraph (6) or (7) between the time for compliance set out in relation to the requirement (prior to the modifications made by paragraphs (6) and (7) taking effect) and the coming into force of this regulation.
9
Nothing in this regulation affects whether P is a candidate in respect of the postponed poll for the relevant election or any requirements which would apply in relation to P as a candidate in respect of that poll.
10
For the purposes of paragraph (9), the reference to the postponed poll for a relevant election is a reference to the poll—
a
the date for which is fixed by section 60 of the 2020 Act, or
b
to be held on the date, or within the period, specified by regulations under section 61 of that Act.
11
In this regulation—
“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;
“principal area” has the same meaning as in Chapter 1.