Office of Public Sector Information
In section 28 of the 2000 Act (registration of parties), after subsection (4)(d) insert—
“(da) would be likely, were it to appear on a ballot paper issued at an election—
(i) to result in an elector being misled as to the effect of his vote, or
(ii) to contradict, or hinder an elector’s understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,”.
(1) In the 2000 Act after section 28 (registration of parties) insert—
(1) A party’s application under section 28 may include a request for the registration of up to 12 descriptions to be used on nomination papers or ballot papers.
(2) Where a request is made by a party under this section in relation to a description, the Commission shall register the description as a description of the party unless it is of more than six words in length or in their opinion it—
(a) would be the same as the name of a party or the registered description of a party which (in either case) is already registered in the register in which that party is applying to be registered,
(b) would be likely to result in electors confusing that party with another party which is already registered in respect of the relevant part of the United Kingdom,
(c) is obscene or offensive,
(d) is of such a character that its publication would be likely to amount to the commission of an offence,
(e) would be likely, were it to appear on a ballot paper issued at an election—
(i) to result in an elector being misled as to the effect of his vote, or
(ii) to contradict, or hinder an elector’s understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,
(f) includes any script other than Roman script, or
(g) includes a word or expression prohibited by order made by the Secretary of State.
(3) In subsection (2)(b) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).
(4) An order under subsection (2)(g) may except the use of a word or expression from the prohibition in specified circumstances.
(5) In the application of subsection (2) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is applying to be registered, for “it is of more than six words in length” substitute “its length exceeds six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language”.
(6) The Secretary of State may, by order, substitute for the number “12” in subsection (1) such other number as he thinks appropriate.
(7) An order under subsection (2)(g) or (6) must not be made unless the Secretary of State first consults the Commission.
(1) Two or more parties which are registered under section 28 above in the same register may apply to the Commission to register a description for use by a candidate standing in the name of both or all of the parties jointly.
(2) The following provisions of section 28A apply to an application under this section as they apply to an application under that section—
(a) subsections (2) to (5);
(b) subsection (7), so far as it relates to subsection (2)(g).
(3) Subsections (1)(bb), (4A) to (4D) and (6A) of section 30 apply to a description mentioned in subsection (1) above as they apply to a description to which section 28A applies; and for the purposes of such application—
(a) any reference to a party in section 30 (except in relation to an application to remove a description under subsection (1)(bb) of that section) must be construed as a reference to the parties mentioned in subsection (1) above acting jointly,
(b) section 30(4A)(a) must be taken to read “the parties already have a description registered in pursuance of section 28B above”, and
(c) the requirement in paragraph 9 of Schedule 4 for an application under section 30 to be signed by the responsible officer of a party must be taken to be a requirement for the application to be signed by a responsible officer of each party which joins in the application.”
(2) In section 30 of that Act (changes to the register)—
(a) in subsection (1), after paragraph (ba) insert—
“(bb) the addition, alteration, substitution or removal of a description,”;
(b) in subsection (2) for “(6)” substitute “(6A)”;
(c) in subsection (4) after paragraph (a) insert “or
“(aa) such confusion in relation to a registered description of the party as is mentioned in paragraph (b) of section 28A(2),”;
(d) after subsection (4) insert—
“(4A) The Commission shall refuse an application to add a description if—
(a) the party already has 12 descriptions (or such other maximum number of descriptions as is substituted by order under section 28A(6)),
(b) the length of the description exceeds six words, or
(c) in the Commission’s opinion, any of paragraphs (a) to (g) of section 28A(2) apply to the description.
(4B) The Commission shall refuse an application to alter a description if the effect of the alteration—
(a) is that the length of the description as altered will exceed six words, or
(b) in their opinion, is that any of paragraphs (a) to (g) of section 28A(2) will apply to the description as altered.
(4C) The Commission shall refuse to substitute a description if—
(a) the length of the new description will exceed six words, or
(b) in their opinion any of paragraphs (a) to (g) of section 28A(2) apply to the new description.
(4D) In the application of subsection (4A)(b), (4B)(a) or (4C)(a) above to a party which has made a declaration falling within section 28(2) which specifies Wales as a part of Great Britain in respect of which it is registered, for “six words” substitute “six words in either English or Welsh or, if the description is also expressed in the other of those languages, six words in that other language”.”;
(e) after subsection (6) insert—
“(6A) If an application under this section for the substitution or removal of a description is granted at any time between—
(a) the date of publication of the notice of election at an election in which there are one or more candidates standing in the name of the party, and
(b) the poll at the election,
the change does not take effect until the day following the poll.”
(f) in subsection (7), after “subsection (3)” insert “(4A), (4B), (4C),”;
(g) in subsection (7), after paragraph (a) insert “or
(aa) section 28A(2)(a) and section 28(5) as it applies by virtue of section 28A(3), or
(ab) section 28A(2)(a) as it applies by virtue of section 28B(2),”.
(3) In Schedule 1 to the 1983 Act (parliamentary elections rules) in rule 6A, after paragraph (1) insert—
“(1A) In paragraph (1) above an authorised description may be either—
(a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000, or
(b) a description of the party registered under section 28A of that Act.
(1B) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the constituency and the description is a registered description authorised by a certificate—
(a) issued by or on behalf of the registered nominating officer of each of the parties, and
(b) received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.
(1C) For the purposes of paragraph (1B), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.”
(1) Section 32 of the 2000 Act (confirmation of registered particulars) is amended as follows.58
(2) In subsection (1), for the words from “at the time when” to “Part III” substitute “within the specified period”.
(3) After that subsection insert—
“(1A) In subsection (1), “the specified period” means the period—
(a) beginning on the first day of the period within which the statement of accounts for any financial year of the party is required to be delivered to the Commission by virtue of section 45, and
(b) ending six months after the last day of that period.”
(1) Section 33 of the 2000 Act (party ceasing to be registered) is amended as follows.
(2) In subsection (1) after “subsection (2)” insert “or (2A)”.
(3) After subsection (2) insert—
“(2A) Where the Commission does not receive a notification required by virtue of section 32(1) or 34(3) on or before the specified day, the Commission shall remove the party’s entry from the register.
(2B) In subsection (2A) “the specified day” means—
(a) in relation to a notification required by virtue of section 32(1), the last day of the specified period for the purposes of that subsection;
(b) in relation to a notification required by virtue of section 34(3), the day which falls six months after the relevant anniversary of the party’s inclusion in the register.
(2C) In subsection (2B)(b), “relevant anniversary” means the anniversary in relation to which the notification is required to be given by virtue of section 34(3).”
(4) In subsection (3) for “the party’s entry from the register” substitute “a party’s entry from the register by virtue of subsection (2) or (2A)”.
(5) In subsection (4) for the words from “the end” to the first reference to “the register” substitute “the relevant time”.
(6) After subsection (4) insert—
“(4A) In subsection (4), “the relevant time” means—
(a) if—
(i) the party’s entry is removed by virtue of subsection (2), and
(ii) its gross income or total expenditure in its financial year preceding the year in which the entry is removed is £25,000 or more,
the end of the financial year of the party which follows that in which the entry is removed;
(b) otherwise, the end of the financial year of the party in which the entry is removed.”
(7) In subsection (5) for “under this section” substitute “under subsection (2)”.
(1) In Schedule 1 to the 1983 Act, rule 6A (nomination papers: name of registered political party) is amended in accordance with subsections (2) and (3).
(2) In paragraph (3)—
(a) in sub-paragraph (a), for the words from “at the time” to the end substitute “on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election;”;
(b) in sub-paragraph (b), for “at the relevant time” (in both places) substitute “on the relevant day”.
(3) After paragraph (3) insert—
“(4) For the purposes of paragraph (3)(a) any day falling within rule 2(1) shall be disregarded.”
(4) Section 22 of the 2000 Act (parties to be registered in order to field candidates at elections) is amended in accordance with subsections (5) and (6).
(5) In subsection (2)—
(a) in paragraph (a), for “on the last day for publication of notice of the election” substitute “on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election”;
(b) in paragraph (b), for “on that day” substitute “on the relevant day”.
(6) After that subsection insert—
“(2A) For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 shall be disregarded.”
(1) Section 42 of the 2000 Act (annual statement of accounts) is amended as follows.
(2) In subsection (4) for paragraph (a) substitute—
“(a) according to which of the following bands the gross income or total expenditure of a party falls within—
(i) not exceeding £25,000;
(ii) exceeding £25,000 but not £100,000;
(iii) exceeding £100,000 but not £250,000;
(iv) exceeding £250,000;”.
(3) After that subsection insert—
“(4A) The Secretary of State may by order amend subsection (4)(a) by varying the number of bands set out in it.
(4B) The Secretary of State may not make an order under subsection (4A) except to give effect to a recommendation of the Commission.”
(4) The amendments made by this section have effect in relation to any financial year of a registered party which ends after the coming into force of this section.
In section 45 of the 2000 Act (delivery of statement of accounts etc. to Commission), in subsection (1) for “3 months” substitute “4 months”.
In section 52 of the 2000 Act (payments, services etc. not to be regarded as donations), in subsection (1) omit paragraph (a).
(1) After section 62 of the 2000 Act (quarterly donation reports) insert—
(1) This section applies if each of four consecutive donation reports prepared by the treasurer of a registered party in pursuance of subsection (1) of section 62 contains—
(a) in the case of a party without accounting units, a statement under subsection (10) of that section, or
(b) in the case of a party with accounting units, statements under subsection (10) of that section in relation to the central organisation of the party and each of its accounting units.
(2) The treasurer is not required to prepare any further donation reports in pursuance of subsection (1) of that section until a recordable donation—
(a) is accepted by the registered party, or
(b) is dealt with by the registered party in accordance with section 56(2).
(3) A recordable donation is a donation which is required to be recorded by virtue of any of subsections (4) to (9) of section 62 (including those subsections as applied by subsection (11) of that section).
(4) If a recordable donation is accepted or (as the case may be) dealt with in accordance with section 56(2), nothing in this section affects the operation of section 62 in relation to—
(a) the reporting period in which the recordable donation is so accepted or dealt with, or
(b) any subsequent reporting period which falls before the time (if any) when this section again applies in relation to the party.
(5) In this section, “donation report” and “reporting period” have the same meaning as in section 62.”
(2) Section 62A of the 2000 Act (as inserted by subsection (1) above) applies only if the last of the reports mentioned in subsection (1) of that section relates to a period which falls wholly or partly after the commencement of this section (but it is immaterial whether any of the other reports relate to such a period).
Section 68 of the 2000 Act (reporting of multiple small donations) is omitted.
In section 69 of the 2000 Act (register of recordable donations), in subsection (2), after paragraph (a) insert—
“(aa) whether the donation is in the form of sponsorship (within the meaning of section 51);”.
(1) Schedule 7 (control of donations to individuals and members associations) to the 2000 Act is amended as follows.
(2) In paragraph 10, after sub-paragraph (7) insert—
“(8) This paragraph does not apply to a donation received by a holder of a relevant elective office unless he is not a member of a registered party and is either—
(a) a member of the Scottish Parliament, or
(b) a member of a local authority in Scotland.
(9) For the purposes of sub-paragraph (8), it is immaterial whether the donation is made to the holder of the relevant elective office in that capacity or in his capacity as a member of a registered party.”
(3) In Part 5 of the Schedule, after paragraph 15 insert—
15A (1) This paragraph applies in relation to donations received by a holder of a relevant elective office if—
(a) the relevant body has in place arrangements requiring the holder of the office to report such donations, and
(b) the Commission think that the arrangements correspond to the requirements of paragraph 10.
(2) The Commission must make such arrangements as they think appropriate corresponding to section 69 as modified in pursuance of paragraph 15(3) to maintain a register of such information as they receive relating to such donations.
(3) In sub-paragraph (1)(a) a relevant body is—
(a) if the holder of a relevant elective office is a member of a body mentioned in paragraphs (a) to (f) of paragraph 1(8), that body;
(b) if the holder of a relevant elective office is the Mayor of London, the London Assembly;
(c) if the holder of a relevant elective office is an elected mayor within the meaning of Part 2 of the Local Government Act 2000, the local authority of which he is the mayor.”
(4) The Secretary of State must not make an order under section 77 for the purposes of this section as it applies to the holders of a relevant elective office unless he is informed by the Commission that they are satisfied that they will receive the information mentioned in paragraph 15A(2) of that Schedule (as inserted by subsection (3) above) in relation to such holders of relevant elective office.
(5) In subsection (4) references to the holder of a relevant elective office must be construed in accordance with Schedule 7 to the 2000 Act.
Any reference in the Political Parties, Elections and Referendums Act 2000 (Disapplication of Part 4 for Northern Ireland Parties, etc) Order 2005 (S.I. 2005/299) to a provision of the 2000 Act which is amended by sections 55 to 58 must be construed as a reference to that provision as so amended.
(1) After Part 4 of the 2000 Act (control of donations to registered parties and their members) insert—
(1) In this Part, a reference to a regulated transaction must be construed in accordance with this section.
(2) An agreement between a registered party and another person by which the other person makes a loan of money to the party is a regulated transaction.
(3) An agreement between a registered party and another person by which the other person provides a credit facility to the party is a regulated transaction.
(4) Where—
(a) a registered party and another person (A) enter into a regulated transaction of a description mentioned in subsection (2) or (3) or a transaction under which any property, services or facilities are provided for the use or benefit of the party (including the services of any person), and
(b) A also enters into an arrangement whereby another person (B) gives any form of security (whether real or personal) for a sum owed to A by the party under the transaction mentioned in paragraph (a),
the arrangement is a regulated transaction.
(5) An agreement or arrangement is also a regulated transaction if—
(a) the terms of the agreement or arrangement as first entered into do not constitute a regulated transaction by virtue of subsection (2), (3) or (4), but
(b) the terms are subsequently varied in such a way that the agreement or arrangement becomes a regulated transaction.
(6) References in subsections (2) and (3) to a registered party include references to an officer, member, trustee or agent of the party if he makes the agreement as such.
(7) References in subsection (4) to a registered party include references to an officer, member, trustee or agent of the party if the property, services or facilities are provided to him, or the sum is owed by him, as such.
(8) Except so far as the contrary intention appears, references to a registered party in the context of—
(a) the making of a loan to a registered party,
(b) the provision of a credit facility to a registered party, or
(c) a sum being owed by a registered party,
must, in the case of a party with accounting units, be construed as references to the central organisation of the party or any of its accounting units.
(9) A reference to a connected transaction is a reference to the transaction mentioned in subsection (4)(b).
(10) In this section a reference to anything being done by or in relation to a party or a person includes a reference to its being done directly or indirectly through a third person.
(11) A credit facility is an agreement whereby a registered party is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the registered party) as is specified in or determined in accordance with the agreement.
(12) An agreement or arrangement is not a regulated transaction—
(a) to the extent that, in accordance with any enactment, a payment made in pursuance of the agreement or arrangement falls to be included in a return as to election expenses in respect of a candidate or candidates at a particular election, or
(b) if its value is not more than £200.
(13) The Secretary of State may, by order, specify circumstances or any description of circumstances in which an agreement or arrangement falling within any of subsections (2) to (5) is not a regulated transaction.
(1) The value of a regulated transaction which is a loan is the value of the total amount to be lent under the loan agreement.
(2) The value of a regulated transaction which is a credit facility is the maximum amount which may be borrowed under the agreement for the facility.
(3) The value of a regulated transaction which is an arrangement by which any form of security is given is the contingent liability under the security provided.
(4) For the purposes of subsections (1) and (2), no account is to be taken of the effect of any provision contained in a loan agreement or an agreement for a credit facility at the time it is entered into which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility, whether or not any such interest has been so added.
(1) A registered party must not—
(a) be a party to a regulated transaction to which any of the other parties is not an authorised participant;
(b) derive a benefit in consequence of a connected transaction if any of the parties to that transaction is not an authorised participant.
(2) This section does not apply to a regulated transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.
(3) In this Part, an authorised participant is a person who is a permissible donor within the meaning of section 54(2).
(4) The Secretary of State may, by order, specify circumstances or any description of circumstances in which a person who is not a permissible donor is to be treated as an authorised participant.
(1) This section applies if a registered party is a party to a regulated transaction in which another participant is not an authorised participant.
(2) The transaction is void.
(3) Despite subsection (2)—
(a) any money received by the registered party by virtue of the transaction must be repaid by the treasurer of the party to the person from whom it was received, along with interest at such rate as is determined in accordance with an order made by the Secretary of State;
(b) that person is entitled to recover the money, along with such interest.
(4) If—
(a) the money is not (for whatever reason) repaid as mentioned in subsection (3)(a), or
(b) the person entitled to recover the money refuses or fails to do so,
the Commission may apply to the court to make such order as it thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.
(5) An order under subsection (4) may in particular—
(a) where the transaction is a loan or credit facility, require that any amount owed by the registered party be repaid (and that no further sums be advanced under it);
(b) where any form of security is given for a sum owed under the transaction, require that security to be discharged.
(6) In the case of a regulated transaction where a party other than a registered party—
(a) at the time the registered party enters into the transaction, is an authorised participant, but
(b) subsequently, for whatever reason, ceases to be an authorised participant,
the transaction is void and subsections (3) to (5) apply with effect from the time when the other party ceased to be an authorised participant.
(7) This section does not apply to a regulated transaction if it was entered into before the commencement of section 61 of the Electoral Administration Act 2006.
Electoral Administration Act 2006