Statutory Instruments
2022 No. 1226 (C. 96)
National Election Expenditure
Registration Of Political Parties
Representation Of The People
The Elections Act 2022 (Commencement No. 4 and Savings) Regulations 2022
Made
23rd November 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 67(1) and (4) of the Elections Act 2022(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Elections Act 2022 (Commencement No. 4 and Savings) Regulations 2022.
(2) In these Regulations “the Act” means the Elections Act 2022.
Provisions coming into force on 24th November 2022
2. The following provisions of the Act come into force on 24th November 2022—
(a)section 9(1) and (2) (assistance with voting for persons with disabilities), so far as it relates to the making of guidance to be given by the Electoral Commission to returning officers under rule 29(8);
(b)section 12 (local elections and Assembly elections in Northern Ireland), so far as it relates to the provisions of Schedule 6 brought into force by sub-paragraph (d);
(c)Part 4 (regulation of expenditure);
(d)the following paragraphs of Schedule 6 (local elections in Northern Ireland and elections to the Northern Ireland Assembly)—
(i)paragraphs 1 and 6, so far as they relate to the provisions brought into force by sub-paragraph (ii);
(ii)in paragraph 12, sub-paragraph (1), so far as it relates to sub-paragraph (4), and sub-paragraph (4), so far as it relates to the making of guidance to be given by the Electoral Commission to returning officers.
Savings
3.—(1) An amendment made by section 20 of the Act (notional expenditure: use of property etc on behalf of candidates and others) does not have effect in relation to property, services, goods or facilities made use of before the day on which that section comes into force.
(2) An amendment made by section 22 of the Act (authorised persons not required to pay expenses through election agent) does not have effect in relation to expenses incurred before the day on which that section comes into force.
(3) An amendment made by section 23 of the Act (declaration of assets and liabilities to be provided on application for registration) does not have effect in relation to an application for registration(2) sent to the Electoral Commission before the day on which that section comes into force.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Lee Rowley
Parliamentary Under Secretary of State
Department for Levelling Up, Housing and Communities
23rd November 2022
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are the fourth commencement regulations made under the Elections Act 2022 (c. 37)(“the Act”).
Regulation 2 brings into force section 9 of the Act so far as it relates to the Electoral Commission being required to consult on and issue guidance to returning officers, in relation to a returning officer’s duty under new rule 29(3A)(b) of Schedule 1 to the Representation of the People Act 1983 (c. 2) to provide equipment to assist persons with disabilities to vote independently. The same regulation also commences equivalent provisions in relation to local elections in Northern Ireland.
Regulation 2 also brings Part 4 (regulation of expenditure) of the Act into force. Part 4 amends various electoral expenditure legislative provisions including, for example, within the Political Parties, Elections and Referendums Act 2000 (c. 41) and the Representation of the People Act 1983.
Regulation 3 sets out savings provisions so that amendments made by sections 20, 22 and 23 of the Act do not have effect in relation to certain activities undertaken before the day on which these regulations come into force. Part 4 of the Act also contains further savings provisions (sections 26(3) and 28(13)) and a transitional provision (section 25) in relation to the regulation of expenditure, which are also brought into force by these Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment has been produced in relation to the Act and copies can be obtained at https://bills.parliament.uk/publications/44886/documents/1304 or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Elections Act 2022 have been brought into force by commencement regulations made before the date of these Regulations:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 (partially), 2 (partially) and 12 (partially) | 27/08/22 | S.I. 2022/916 |
| Section 13 | 26/10/22 | S.I. 2022/1093 |
| Sections 16 to 19 | 19/08/22 | S.I. 2022/908 |
| In Schedule 1, paragraphs 1(partially), 2 (partially), 3 (partially), 5 (partially), 6 (partially), 10 (partially), 11 (partially), 15 (partially), 17 (partially), 24 (partially), 30 and 32 (partially) | 27/08/22 | S.I. 2022/916 |
| In Schedule 2, paragraphs 1 to 11 and 14(partially) | 27/08/22 | S.I. 2022/916 |
| In Schedule 6, paragraph 30 (partially) | 27/08/22 | S.I. 2022/916 |
See section 28(1) Political Parties, Elections and Referendums Act 2000 (c. 41) as to applications for registration as a political party.