The Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004 © Crown Copyright 2004 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004, ISBN 0110496183. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Whereas the Secretary of State has consulted the Electoral Commission in accordance with section 12(4) of the Regional Assemblies (Preparations) Act 2003[1], and sought and had regard to the views of the Electoral Commission in accordance with paragraph 2 of Schedule 14 to the Political Parties, Elections and Referendums Act 2000[2]; Now therefore the Secretary of State, in exercise of the powers conferred upon him by section 2(9) of the Regional Assemblies (Preparations) Act 2003 and paragraph 2 of Schedule 14 to the Political Parties, Elections and Referendums Act 2000 (including that paragraph as applied to referendums held pursuant to section 2(2) of the Regional Assemblies (Preparations) Act 2003[3]), hereby makes the following Order, of which a draft has been laid before, and approved by resolution of, each House of Parliament: Citation, commencement and application 1. - (1) This Order may be cited as the Regional Assembly and Local Government Referendums (Expenses Limits for Permitted Participants) Order 2004 and shall come into force on the day after that on which it is made. (2) This Order applies to Regional Assembly referendums and to local government referendums, at which the polls are taken together, in the regions specified in articles 3 to 5. Interpretation 2. In this Order -
Limits on referendum expenses by permitted participants in the North West region
(b) at the local government referendums only,
the limit on referendum expenses so incurred during the referendum period for such referendums is the aggregate amount prescribed in paragraph (3).
(b) in the case of a registered party falling within section 105(1)(a) or 105(1A)(a) of the PPER Act but not designated under section 108 of that Act -
(ii) £750,000, if the party's relevant percentage is more than 20 per cent but not more than 30 per cent, (iii) £565,000, if the party's relevant percentage is more than 10 per cent but not more than 20 per cent, (iv) £375,000, if the party's relevant percentage is more than 5 per cent but not more than 10 per cent, (v) £100,000, if the party's relevant percentage is not more than 5 per cent or if it has no relevant percentage; and
(c) £100,000 in the case of an individual or body falling within section 105(1)(b) or 105(1A)(b) of the PPER Act but not designated under section 108 of that Act.
Limits on referendum expenses by permitted participants in the North East region
(b) at the local government referendums only,
the limit on referendum expenses so incurred during the referendum period for such referendums is the aggregate amount prescribed in paragraph (3).
(b) in the case of a registered party falling within section 105(1)(a) or 105(1A)(a) of the PPER Act but not designated under section 108 of that Act -
(ii) £530,000, if the party's relevant percentage is more than 20 per cent but not more than 30 per cent, (iii) £400,000, if the party's relevant percentage is more than 10 per cent but not more than 20 per cent, (iv) £265,000, if the party's relevant percentage is more than 5 per cent but not more than 10 per cent, (v) £100,000, if the party's relevant percentage is not more than 5 per cent or if it has no relevant percentage; and
(c) £100,000 in the case of an individual or body falling within section 105(1)(b) or 105(1A)(b) of the PPER Act but not designated under section 108 of that Act.
Limits on referendum expenses by permitted participants in the Yorkshire and the Humber region
(b) at the local government referendums only,
the limit on referendum expenses so incurred during the referendum period for such referendums is the aggregate amount prescribed in paragraph (3).
(b) in the case of a registered party falling within section 105(1)(a) or 105(1A)(a) of the PPER Act but not designated under section 108 of that Act -
(ii) £655,000, if the party's relevant percentage is more than 20 per cent but not more than 30 per cent, (iii) £490,000, if the party's relevant percentage is more than 10 per cent but not more than 20 per cent, (iv) £330,000, if the party's relevant percentage is more than 5 per cent but not more than 10 per cent, (v) £100,000, if the party's relevant percentage is not more than 5 per cent or if it has no relevant percentage; and
(c) £100,000 in the case of an individual or body falling within section 105(1)(b) or 105(1A)(b) of the PPER Act but not designated under section 108 of that Act.
Relevant percentage
(b) the amount of its relevant percentage is equal to the percentage of the total number of votes cast for all registered parties and individual candidates in the region at that election which is represented by the total number of votes cast for that registered party.
(This note is not part of the Order) Sections 1 and 2 of the Regional Assemblies (Preparations) Act 2003 provide for the holding of referendums about the establishment of Elected Regional Assemblies and the reorganisation of local government to a single-tier in those areas that have both district and county councils. This Order prescribes limits for referendum expenses incurred by permitted participants in Regional Assembly referendums and such local government referendums in the North West, North East and Yorkshire and the Humber regions. A permitted participant is a registered party, individual or body that has made the appropriate declaration or notification under section 105 of the Political Parties, Elections and Referendums Act 2000, as applied and modified by the Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004 No.1962 ). Article 3 specifies the maxima allowed in the North West region. Article 4 specifies the maxima allowed in the North East region. Article 5 specifies the maxima allowed in the Yorkshire and the Humber region. The limit for individuals or bodies that are not registered parties or designated organisations is £100,000. No permitted participant under this Order may incur more than £940,000 by way of referendum expenses in a region (the North West region). Article 6 provides that for registered parties, which are not designated organisations, the sums are determined by reference to share of the vote in the region of the registered party concerned at the last European Parliamentary election held before such a referendum. This Order accords with the views of the Electoral Commission. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies. Notes: [1] 2003 c. 10.back [3] For the modification of paragraph 2 of Schedule 14 of the Political Parties, Elections and Referendums Act 2000 and its application to such referendums see the Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), article 7 and Part 2 of Schedule 3.back [8] See in particular, the definitions of "permitted participants" in section 105(1) and (1A), and of "referendum expenses" in section 111(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41) as applied and modified by the Regional Assembly and Local Government Referendums Order 2004 (S.I. 20004/1962), Schedule 3.back
ISBN 0 11 049618 3
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