Representation of the People Bill — Bill 418 2024-26 (as amended in Committee) - xml
Parliament bill publication: Bill. Commons.
[
]
CONTENTS
Part 1
Young voters
Extension of right to vote etc to 16 and 17 year olds
1
Extension of right to vote etc
2
Disenfranchisement of detained 16 and 17 year olds
Registration and participation in elections etc
3
Entitlement to be registered before reaching voting age
4
Declarations of local connection: looked after children and detained persons
5
Service declarations
6
Further provision about registration and participation in elections etc
Protection of information relating to persons aged under 16
7
Prohibition on registration officers disclosing information
8
Exceptions from prohibitions on disclosure
9
Exceptions for combined information
10
Exceptions for combined information under devolved legislation
11
Meaning of “relevant supply enactment”
12
Prohibition on onward disclosure of information
13
Power to make further provision about disclosure of information
14
Interpretation of sections 7 to 13
Duty to raise awareness and provide assistance
15
Duty to raise awareness and provide assistance: Great Britain
16
Duty to raise awareness and provide assistance: Northern Ireland
Part 2
Registration of voters
Registration, and alteration of registers, without an application
17
Registration without an application
18
Alteration of registers without an application
19
Registration etc without an application: further provision
Piloting changes to the voter registration process
20
Power to pilot changes to the voter registration process
21
Voter registration provision
22
Further powers and restrictions
23
Parliamentary procedure
24
Electoral Commission report
25
Interpretation of sections 20 to 24
Northern Ireland canvass
26
Power to amend the canvass in Northern Ireland
27
Electoral Commission report on proposals under section 26
28
Power to pilot proposals under section 26
29
Electoral Commission report on pilot regulations
Other provision about registration
30
Local connection and service declarations ceasing to have effect
31
Seniority of electoral registration officers
32
Anonymous registration
33
Pre-election applications for registration
34
Pre-election alteration of Northern Ireland registers: supporting evidence
35
Electoral identity card issued in Northern Ireland: month and year of birth
36
Regulations as to registration etc: information to assist registration officers
37
Edited register: electors to opt in
Part 3
Conduct of elections etc
Returning officers
38
Provision of assistance by local authority officers to returning officers
39
Seniority of returning officers
Rules
40
Timing of proceedings for nominations
41
Identification of candidates at parliamentary elections
42
Identification of candidates at local elections in Northern Ireland
43
Withdrawal of certificates authorising candidate descriptions
44
Subscription of nomination paper
45
Police contact form
46
Calling out and completed corresponding number lists etc
47
Voter identification requirements
Absent voting
48
Absent voting
Information to help people understand elections etc
49
Power to obtain election-related information etc
50
Specified officers
51
Specified elections etc
Other provision about the conduct of elections etc
52
Effect of the death of the Sovereign on certain elections and referendums
53
Form of documents for elections and referendums
Part 4
Campaigns and political expenditure
The election agent
54
Removal of requirement to publish election agents’ addresses
Campaign expenses and returns
55
Leave to pay late and disputed expenses claims
56
Delivery and inspection of returns and declarations
57
Recall campaign donations: transfer of powers to prescribe content of returns
Control of political donations
58
Risk assessments for donations to registered parties etc
59
Permissible donors not to include individuals under 16
60
Donations by companies and LLPs etc
61
Forfeiture of certain donations to registered parties etc
62
Unincorporated associations making political contributions
63
Power of Scottish Ministers to vary sums in Schedule 7 to PPERA 2000
Information to be included with electronic material
64
Electronic material promoted by third parties
65
Electoral Commission guidance relating to electronic material: minor revisions
Part 5
Enforcement and the Electoral Commission
Enforcement
66
Decriminalisation of certain requirements
67
Extension of Electoral Commission’s enforcement functions
68
Abolition of maximum penalties in respect of offences triable summarily
69
Civil sanctions orders: combining reserved and devolved provision
Electoral Commission
70
Removal of strategy and policy statement
71
Disclosure of information by Electoral Commission
Part 6
Hostility towards candidates etcdisqualification orders and sentencing
72
Hostility towards officers and their staff
73
Hostility as aggravating factor: England and Wales and armed forces
74
Hostility as aggravating factor: Scotland and Northern Ireland
75
Effect of Scottish disqualification orders
76
Effect of disqualification orders: minor and consequential provision
Part 7
General
77
Power to make consequential provision
78
Power to amend references to subordinate legislation etc
79
Interpretation of references to other Acts
80
Financial provision
81
Extent
82
Commencement
83
Short title
Schedule 1
Further provision about registration of young voters etc
Part 1
Amendments of enactments
Part 2
Alignment of registers
Schedule 2
Registration etc without an application: further provision
Schedule 3
Absent voting
Part 1
Absent voting in Great Britain
Part 2
Absent voting in Northern Ireland
Part 3
Other provision relating to absent voting
Schedule 4
Effect of the death of the Sovereign on certain elections and referendums
Schedule 5
Form of documents for elections and referendums
Schedule 6
Leave to pay late and disputed expenses claims
Schedule 7
Delivery of returns and declarations directly to the Electoral Commission
Schedule 8
Risk assessments for donations to registered parties etc
Schedule 9
Unincorporated associations making political contributions
Schedule 10
Decriminalisation of certain administrative requirements
Part 1
Abolition of offences
Part 2
Consequential amendments
Schedule 11
Extension of Electoral Commission’s enforcement functions
Part 1
Amendments of PPERA 2000
Part 2
Minor and consequential amendments of other legislation
[
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A
bill
to
Make provision extending the right to vote to 16 and 17 year olds; to make provision about the registration of voters; to make provision about the administration and conduct of elections, referendums and recall petitions; to make provision about election agents’ addresses; to make provision about political expenditure and political donations; to make provision about information to be included in electronic campaigning material; to make provision about offences and civil sanctions in connection with elections, referendums and recall petitions and with donations and expenditure for political purposes; to repeal provision about the designation of a strategy and policy statement for the Electoral Commission; to make provision about the disclosure of information by the Electoral Commission; to make provision about the disqualification of offenders for holding elective offices, and their sentencing, where offences are aggravated by hostility towards persons involved in elections, referendums or recall petitions or holders of such offices; and for connected purposes.
B
e it enacted
by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Young voters
Extension of right to vote etc to 16 and 17 year olds
1
Extension of right to vote etc
(1)
RPA 1983
is amended as set out in
subsections (2)
to
(4)
.
(2)
In
section 1
(parliamentary electors), in
subsection (1)
(d)
, for “18” substitute
“16”.
(3)
In
section 2
(local government electors)—
(a)
in
subsection (1)
(d)
, for the words from “18” to the end substitute “16
years or over).”;
(b)
omit
subsection (1A)
.
(4)
In
Schedule 6
(ward elections in the City of London)—
(a)
in
paragraph 2
, for “18”, in both places it occurs, substitute “16”;
(b)
in
paragraph 3
, for “18” substitute “16”.
(5)
In
section 1
of the
Elected Authorities (Northern Ireland) Act 1989
(local
electors in Northern Ireland)—
(a)
in
subsection (1)
(d)
, for “eighteen” substitute “16”;
(b)
in
subsection (4)
, for “eighteen” substitute “16”.
(6)
In
section 52
of the
Police Reform and Social Responsibility Act 2011
(persons
entitled to vote in an election of a police and crime commissioner for a police
area in Wales), in
subsection (1C)
(a)
(ii)
, for “18” substitute “16”.
(7)
In
section 10
of the
Recall of MPs Act 2015
(persons entitled to sign a recall
petition), in
subsection (1)
(b)
, for “18 or over, or the date of his or her 18th”
substitute “16 or over, or the date of the person’s 16th”.
2
Disfranchisement of detained 16 and 17 year olds
(1)
Section 3
of RPA 1983 (disfranchisement of offenders in prison etc) is amended
as set out in
subsections (2)
and
(3)
.
(2)
After
subsection (1)
insert—
(1ZA)
A convicted person is legally incapable of voting at a parliamentary
election or a local government election in England during the time
that the person—
(a)
is detained in youth detention accommodation in pursuance
of the person’s sentence, or
(b)
would be so detained but for the fact the person is unlawfully
at large.
(3)
In
subsection (2)
, after
paragraph (b)
insert—
(ba)
“youth detention accommodation” means—
(i)
accommodation that is youth detention accommodation
as defined in section 248(1) of the Sentencing Code,
other than accommodation that is a penal institution;
(ii)
a residential establishment or secure accommodation
within the meaning of the Children’s Hearings
(Scotland) Act 2011 (asp 1) (see section 202(1) of that
Act);
(iii)
in the case of a person who is the subject of a direction
under section 205(2) or 208(1) of the Criminal Procedure
(Scotland) Act 1995, the place specified in the direction;
(iv)
a juvenile justice centre within the meaning of
Article
51
(1)
of the
Criminal Justice (Children) (Northern
Ireland) Order 1998
(
S.I. 1998/1504 (N.I. 9)
); and
.
(4)
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(application
and modification of RPA 1983) is amended as follows—
(a)
in
Part 1
(provisions applied), in the entry beginning “Section 3(1)”,
for “Section 3(1)” substitute “Section 3(1), (1ZA)”;
(b)
in
Part 2
(modifications), before
paragraph 7
(and under the heading
“Specific”) insert—
6A
In section 3(1ZA) omit “in England”.
Registration and participation in elections etc
3
Entitlement to be registered before reaching voting age
(1)
Section 4
of
RPA 1983
(entitlement to be registered as parliamentary or local
government elector) is amended as set out in
subsections (2)
to
(5)
.
(2)
After
subsection (4)
insert—
(4A)
A person not of voting age is entitled to be registered in a register of
parliamentary electors (under subsection (1)) or a register of local
government electors in England or Scotland (under subsection (3)) if,
on the relevant date, the person—
(a)
is aged 14 years or over, and
(b)
would be entitled to be registered under subsection (1) or (3)
(as the case may be) if they were of voting age.
(4B)
Where a person is registered in reliance on
subsection (4A)
—
(a)
the person’s entry in the register must give the date on which
the person will attain voting age, and
(b)
until the date in the entry (“the attainment date”) the person
is not to be treated as an elector other than for the purpose of
an election the date of the poll for which is on or after the
attainment date.
(3)
In
subsection (5)
—
(a)
for “subsection (1)(d) or (3)(d), as the case may be” substitute
“subsection (3)(d)”;
(b)
for the words from “parliamentary” to “if” substitute “local government
electors in Wales if”.
(4)
In
subsection (5A)
—
(a)
for “subsection (5)” substitute “subsection (4A) or (5)”;
(b)
for “paragraphs (a) and (b) of that subsection” substitute “subsections
(4B)(a) and (5)(a) and (b)”.
(5)
Omit
subsections (5B)
and
(5C)
.
(6)
In
Part 2
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(modification of RPA 1983), in paragraph 7, after sub-paragraph (2) insert—
(3)
In section 4(4A) omit “in England or Scotland”.
4
Declarations of local connectionlooked after children and detained persons
(1)
RPA 1983
is amended as set out in
subsections (2)
to
(9)
.
(2)
Section 7B
(notional residence: declarations of local connection) is amended
as set out in
subsections (3)
to
(8)
.
(3)
In
subsection (2)
(description of who can make a declaration of local
connection), after
paragraph (c)
insert
, or
(d)
a person who does not fall within any of paragraphs (a) to (c)
above and who is a person to whom section
7BA
applies
(children etc looked after by a local authority or detained in
secure accommodation).
(4)
Omit the following—
(a)
subsections (2A)
and
(2B)
;
(b)
subsection (2C)
;
(c)
subsection (2D)
.
(5)
In
subsection (3)
(contents of declaration)—
(a)
omit the “and” at the end of subsection (3)(c)(i);
(b)
in
paragraph (c)
, after
sub-paragraph (ii)
insert
, and—
(iii)
(in the case of a person falling within subsection
(2)
(d)
above) the declarant’s age and either the
name of the local authority or the address of the
secure accommodation;
.
(6)
In
subsection (4)
(meaning of “required address”)—
(a)
after
paragraph (b)
insert—
(ba)
in the case of a person falling within subsection (2)
(d)
above, an address in the United Kingdom at which the
person has resided;
;
(b)
omit
paragraph (c)
.
(7)
After
subsection (6)
insert—
(6A)
A declaration of local connection—
(a)
does not have effect for the purposes of a person’s registration
in a register of parliamentary electors if the person would not
be entitled to be registered in the register pursuant to the
declaration,
(b)
does not have effect for the purposes of a person’s registration
in a register of local government electors if the person would
not be entitled to be registered in the register pursuant to the
declaration,
(c)
does not have effect for the purposes of a person’s registration
in a register of parliamentary electors or in a register of local
government electors in England where—
(i)
the declaration is made by virtue of subsection (2)
(d)
, and
(ii)
the person is a person legally incapable of voting by
reason of falling within section 3(1) or
(1ZA)
or section
3A, and
(d)
does not have effect for the purposes of a person’s registration
in a register of electors where—
(i)
the declaration is made by virtue of subsection (2)
(d)
, and
(ii)
the person does not meet the conditions in
section
7BA
(1)
as they have effect for the purposes of the
register concerned.
(8)
Omit the following—
(a)
subsection (7)
;
(b)
subsections (7A)
to
(7C)
.
(9)
After
section 7B
insert—
7BA
Declarations of local connectionlooked after or detained children
and young persons
(1)
This section applies to a person who—
(a)
is under the applicable age, and
(b)
meets either of the requirements in
subsection (2)
.
(2)
The requirements are that—
(a)
the person is, or has been, a child looked after by a local
authority, or
(b)
the person is being kept in secure accommodation.
(3)
In this section, the “applicable age” means—
(a)
for the purposes of a register of parliamentary electors or a
register of local government electors in England or Scotland,
the age of 21, and
(b)
for the purposes of a register of local government electors in
Wales, the age of 18.
(4)
In the application of this section for the purposes of a person’s
registration as a parliamentary elector—
(a)
the reference in
subsection (2)
to a child looked after by a local
authority—
(i)
for the purposes of the registration of electors in
England, is to be read in accordance with
section 22
of
the
Children Act 1989
(duties of local authorities in
relation to looked after children);
(ii)
for the purposes of the registration of electors in Wales,
has the same meaning as in the
Social Services and
Well-being (Wales) Act 2014
(anaw 1) (see
section 74
of
that Act
);
(iii)
for the purposes of the registration of electors in
Scotland, is to be construed in accordance with
section
17
(6)
of the
Children (Scotland) Act 1995
(duty of local
authorities in relation to looked after children);
(iv)
for the purposes of the registration of electors in
Northern Ireland, means a child who is looked after by
an authority within the meaning of the
Children
(Northern Ireland) Order 1995
(S.I. 1995/755 (N.I. 2))
(see
Article 25
of
that Order
);
(b)
“secure accommodation”—
(i)
for the purposes of the registration of electors in
England, means accommodation within any of
paragraphs (d)
to
(f)
of
section 248
(1)
of the Sentencing
Code;
(ii)
for the purposes of the registration of electors in Wales,
means accommodation in the United Kingdom provided
for the purpose of lawfully restricting the liberty of
persons under the age of 18, other than a penal
institution within the meaning of section 3(2)(b);
(iii)
for the purposes of the registration of electors in
Scotland, has the same meaning as in the
Children’s
Hearings (Scotland) Act 2011
(asp 1) (see
section 202
(1)
of that Act)
;
(iv)
for the purposes of the registration of electors in
Northern Ireland, has the same meaning as in
Article
44
of the
Children (Northern Ireland) Order 1995
(S.I.
1995/755 (N.I. 2)).
(5)
In the application of this section for the purposes of the person’s
registration as a local government elector in England—
(a)
the reference in
subsection (2)
to a child looked after by a local
authority is to be read in accordance with
section 22
of the
Children Act 1989
(duties of local authorities in relation to
looked after children), and
(b)
“secure accommodation” means accommodation within any of
paragraphs (d)
to
(f)
of
section 248
(1)
of the
Sentencing Act
2020
.
(6)
In the application of this section for the purposes of the person’s
registration as a local government elector in Wales—
(a)
the reference in
subsection (2)
to a child looked after by a local
authority has the same meaning as in the
Social Services and
Well-being (Wales) Act 2014
(anaw 1) (see
section 74
of
that
Act
), and
(b)
a person is kept in “secure accommodation” if the person is
kept in accommodation in the United Kingdom provided for
the purpose of lawfully restricting the liberty of persons under
the age of 18, other than a penal institution within the meaning
of section 3(2)(b).
(7)
In the application of this section for the purposes of the person’s
registration as a local government elector in Scotland—
(a)
the reference in
subsection (2)
to a child looked after by a local
authority is to be construed in accordance with
section 17
(6)
of the
Children (Scotland) Act 1995
(duty of local authorities
in relation to looked after children), and
(b)
“secure accommodation” has the meaning given by paragraph
(a) of the definition of “secure accommodation” in
section 202
(1)
of the
Children’s Hearings (Scotland) Act 2011
(asp 1).
(10)
Part 2
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(modification of RPA 1983) is amended as set out in
subsections (11)
and
(12)
.
(11)
In
paragraph 7A
(modifications of section 7B of RPA 1983)—
(a)
after
paragraph (b)
insert—
(ba)
in subsection
(6A)
, in paragraph
(c)
, omit “in England”;
;
(b)
omit
paragraph (c)
.
(12)
After
paragraph 7A
insert—
7B
In section 7BA—
(a)
in subsection (3)(a), omit “in England or Scotland”;
(b)
for subsection (5) there is substituted—
(5)
In the application of this section for the purposes of
the person’s registration as a local elector in Northern
Ireland—
(a)
the reference in subsection (2) to a child
looked after by a local authority, means a
child who is looked after by an authority
within the meaning of the
Children (Northern
Ireland) Order 1995
(S.I. 1995/755 (N.I. 2))
(see
Article 25
of
that Order
), and
(b)
“secure accommodation” has the same
meaning as in
Article 44
of the
Children
(Northern Ireland) Order 1995
(S.I. 1995/755
(N.I. 2)).
5
Service declarations
(1)
RPA 1983
is amended as set out in
subsections (2)
to
(5)
.
(2)
In
section 14
(service qualification)—
(a)
after
subsection (1)
insert—
(1ZA)
A person also has a service qualification for the purposes of
this Act if—
(a)
the person is under the relevant age,
(b)
a parent or guardian of the person has a service
qualification under any of paragraphs (a) to (e) of
subsection (1), and
(c)
the person is residing at a particular place in order to
be with that parent or guardian.
(1ZB)
In this section, the “relevant age” is—
(a)
where the person is relying on a service qualification
to make a service declaration for the purposes of a
register of parliamentary electors, or of local government
electors in England, the age of 19,
(b)
where the person is relying on a service qualification
to make a service declaration for the purposes of a
register of local government electors in Wales, the age
of 18, and
(c)
where the person is relying on a service qualification
to make a service declaration for the purposes of a
register of local government electors in Scotland, the
age of 18.
;
(b)
omit
subsection (1A)
.
(3)
In
section 15
(service declarations)—
(a)
in
subsection (2)
—
(i)
omit the “or” at the end of
paragraph (b)
;
(ii)
after
paragraph (c)
insert
or
(d)
in a case in which the service declaration was
made by virtue of a service qualification under
section 14
(1ZA)
, the person attains the relevant
age (as defined in section 14
(1ZB)
),
;
(b)
omit
subsections (3A)
to
(3C)
;
(c)
omit
subsection (5)
;
(d)
omit
subsections (5A)
to
(5C)
;
(e)
before
subsection (6)
insert—
(5D)
A service declaration—
(a)
does not have effect for the purposes of a person’s
registration in a register of parliamentary electors if the
person would not be entitled to be registered in the
register pursuant to the declaration,
(b)
does not have effect for the purposes of a person’s
registration in a register of local government electors if
the person would not be entitled to be registered in the
register pursuant to the declaration, and
(c)
does not have effect for the purposes of a person’s
registration in a register of local government electors
in Wales or Scotland where—
(i)
the declaration is made by virtue of a service
qualification under section 14
(1ZA)
, and
(ii)
the person is not under the relevant age for the
purposes of the register (as defined in section
14
(1ZB)
).
;
(f)
after
subsection (9)
insert—
(9A)
For the purposes of a register of parliamentary electors or of
local government electors in England, the Secretary of State
may by order provide that, in relation to persons registered in
pursuance of a qualifying child’s service declaration, subsection
(2)(a) has effect as if for the period of 12 months there were
substituted such other period (not exceeding 5 years) as the
Secretary of State thinks appropriate.
(9B)
For the purposes of subsection
(9A)
, a person has a “qualifying
child’s service declaration” if—
(a)
they have a service declaration by virtue of a service
qualification under section 14
(1ZA)
, and
(b)
they satisfy the condition in section 14
(1ZA)
(b)
by
reason of their parent or guardian having a service
qualification under paragraph (a) or (d) of section
14(1).
;
(g)
in
subsection (10)
, after “subsection (9)” insert “or
(9A)
”;
(h)
in
subsection (11)
, after “subsection (9)” insert “or
(9A)
”;
(i)
in
subsection (12)
, after “subsection (9)” insert “or
(9A)
”.
(4)
In
section 16
(contents of service declaration)—
(a)
the existing text, as it extends to Northern Ireland, becomes
subsection
(1)
;
(b)
in
subsection (1)
omit the words after
paragraph (g)
;
(c)
after
subsection (1)
insert—
(1A)
A service declaration must be attested in the prescribed manner,
except where the declarant is—
(a)
a member of the forces or the spouse or civil partner
of such a member, or
(b)
a person claiming to have a service qualification under
section 14
(1ZA)
.
;
(d)
omit
subsection (2)
.
(5)
In
section 17
(effect of service declaration)—
(a)
in
subsection (1)
(a)
, for “section 16(d)” substitute “section 16(1)(d)”;
(b)
after
subsection (2)
insert—
(2A)
Where a service declaration was made by virtue of a service
qualification under section 14
(1ZA)
, a person who has attained
the relevant age (as defined in section 14
(1ZB)
) is not to be
treated as continuing to have a service qualification by reason
of subsection (2) of this section.
;
(c)
omit
subsection (3)
.
(6)
In
Part 2
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(modification of RPA 1983)—
(a)
before
paragraph 11A
insert—
11ZA
In section 14
(1ZB)
(a)
omit “in England”.
;
(b)
for
paragraph 11A
substitute—
11A
In section 15, in subsection
(9A)
, omit “in England”.
6
Further provision about registration and participation in elections etc
Schedule
1
makes further provision in connection with the registration of
young people and their participation in elections and recall petitions.
Protection of information relating to persons aged under 16
7
Prohibition on registration officers disclosing information
(1)
A registration officer must not publish, supply or otherwise disclose
registration information relating to a person who, at the time of the
publication, supply or other disclosure, is under 16.
(2)
Subsection (1)
is subject to—
(a)
sections 8
and
9
;
(b)
regulations under
section 13
.
(3)
In
this section
and
sections 8
to
13
, “registration information” means all or
part of an entry in—
(a)
a voters register,
(b)
an absent voters record or list, or
(c)
an overseas electors list.
(4)
In
this section
and
sections 8
to
13
—
absent voters record or list
means—
(a)
so far as relating to parliamentary elections or to local
government elections in England—
(i)
a record kept under
paragraph 3
(4)
or
7
(6)
of
Schedule
4
to
RPA 2000
;
(ii)
a list kept under
paragraph 5
or
7
(8)
of
that Schedule
;
(b)
a record kept under
section 6
(3)
or
9
(6)
of
RPA 1985
;
(c)
a list kept under
section 7
(4)
or
9
(9)
of
that Act
;
(d)
a record kept under paragraph 1(3) or 4(5) of
Part 1
of
Schedule
2
to the
Local Elections (Northern Ireland) Order 1985
(S.I.
1985/454);
(e)
a list kept under paragraph 2(4) or 4(8) of
Part 1
of
Schedule
2
to
that Order
;
(f)
a record kept under
regulation 51
(4)
,
52
(5)
or
58
(7)
of the
Recall
of MPs Act 2015 (Recall Petition) Regulations 2016
(S.I.
2016/295);
(g)
a list kept under
regulation 55
(2)
or
(3)
,
56
(2)
or
(3)
or
58
(9)
of
those Regulations
;
(h)
a list kept under
paragraph 4
(2)
or
(3)
or
7
(7)
of
Schedule 2
to
the
Police and Crime Commissioner Elections Order 2012
(S.I.
2012/1917);
overseas electors list
means a list of persons entitled to be registered,
pursuant to an overseas elector’s declaration, in a register of
parliamentary electors maintained under
section 9
(1)
(a)
of
RPA 1983
;
overseas elector’s declaration
means a declaration made under and in
accordance with
section 1C
of
RPA 1985
;
registration officer
(see also
subsection (5)
) means—
(a)
a registration officer appointed under
section 8
(2)
,
(2A)
or
(3)
of
RPA 1983
,
(b)
the Chief Electoral Officer for Northern Ireland, or
(c)
a petition officer under
section 6
of the
Recall of MPs Act 2015
;
voters register
means—
(a)
a register of parliamentary electors maintained under
section
9
(1)
(a)
of
RPA 1983
;
(b)
a register of local government electors in England or local
electors in Northern Ireland maintained under
section 9
(1)
(b)
of
that Act
;
(c)
a register of persons entitled to sign a recall petition compiled
under
regulation 4
of the
Recall of MPs Act 2015 (Recall
Petition) Regulations 2016
(S.I. 2016/295),
and, in the case of a register described in
paragraph (a)
or
(b)
, includes
any notice of an alteration in the register issued under
section 13A
(2)
,
13AB
(2)
,
13B
(3)
,
(3B)
or
(3D)
,
13BA
(3)
,
(6)
or
(9)
or
13BC
(3)
or
(6)
of
RPA 1983
.
(5)
In
this section
and
sections 8
to
13
, references to a registration officer include—
(a)
a deputy registration officer, and
(b)
a person assisting a registration officer in carrying out the registration
officer’s functions.
8
Exceptions from prohibitions on disclosure
(1)
Section 7
(1)
does not prevent the disclosure of registration information to a
person (the “recipient”) so far as necessary for the purpose of the carrying
out by the recipient of functions in connection with—
(a)
the registration of electors;
(b)
the registration of persons entitled to sign a recall petition;
(c)
the conduct of—
(i)
an election,
(ii)
a recall petition process,
(iii)
a local government referendum, or
(iv)
a poll consequent on a parish meeting (see
paragraph 18
of
Schedule 12
to the
Local Government Act 1972
) (a “parish
poll”).
(2)
Section 7
(1)
does not prevent the disclosure of registration information in a
version or copy of a voters register, absent voters record or list or overseas
electors list supplied in accordance with a relevant supply enactment (as
defined in
section 11
).
(3)
But the exception in
subsection (2)
—
(a)
applies to the disclosure of registration information only so far as
necessary for the purposes of or in connection with an election, recall
petition process, referendum or parish poll at which the person to
whom it relates will be entitled to vote, and
(b)
does not apply to the disclosure of registration information from which
the person’s date of birth may be ascertained.
(4)
Section 7
(1)
does not prevent the disclosure of registration information to a
person so far as necessary for the purposes of a criminal investigation or
criminal proceedings relating to an offence (or an alleged offence) under an
enactment relating to—
(a)
the registration of electors;
(b)
the conduct of an election, recall petition process, local government
referendum or parish poll.
(5)
Section 7
(1)
does not prevent the disclosure of registration information to—
(a)
the Security Service,
(b)
the Government Communications Headquarters, or
(c)
the Secret Intelligence Service.
(6)
Section 7
(1)
does not prevent the disclosure of registration information to a
person appointed as a proxy to vote for the person to whom the information
relates.
(7)
In
this section
, “local government referendum” means a referendum under—
(a)
Chapter 4
of
Part 1A
of the
Local Government Act 2000
(local authority
governance: England);
(b)
section 52ZG
or
52ZN
of the
Local Government Finance Act 1992
(referendums in relation to council tax);
(c)
Schedule 4B
or
4C
to the
Town and Country Planning Act 1990
(referendums on neighbourhood development plans).
(8)
In
subsections (3)
and
(6)
“vote” includes sign a recall petition.
9
Exceptions for combined information
(1)
In
this section
—
combined voters information
means all or part of an entry in a register
maintained under
section 9
(1)
of
RPA 1983
but only where—
(a)
the entry relates to a person who is registered both in a register
of parliamentary electors and a register of local government
electors in Wales or Scotland, and
(b)
those registers are combined in accordance with
section 9
(5)
of
that Act
,
(and references in this definition to a register maintained under
section
9
(1)
of
RPA 1983
include any notice of an alteration in the register
issued under
section 13A
(2)
,
13AB
(2)
or
13B
(3)
,
(3B)
or
(3D)
of
RPA
1983
);
combined absent voters information
means all or part of an entry in
a record kept under
paragraph 3
(4)
or
7
(6)
of
Schedule 4
to
RPA 2000
but only where—
(a)
the entry relates to a person in respect of whom an application
under
paragraph 3
(4)
or
7
(6)
of
that Schedule
has been granted
both in respect of parliamentary elections and in respect of
local government elections in Wales or Scotland, and
(b)
the record relates both to parliamentary elections and to local
government elections in Wales or Scotland.
(2)
Section 7
(1)
does not prevent the disclosure of all or part of an entry that is
combined voters information or combined absent voters information where
disclosure of the entry is permitted by—
(a)
section 25
of the
Senedd and Elections (Wales) Act 2020
(anaw 1) or
regulations under
section 26
of
that Act
, or
(b)
section 14
of the
Scottish Elections (Reduction of Voting Age) Act 2015
(asp 7) or regulations under
section 15
of
that Act
.
(3)
But the exception in
subsection (2)
may be relied on only in relation to a
disclosure which could not be made in reliance on an exception in
section 8
or regulations under
section 13
.
(4)
Where—
(a)
all or part of an entry that is combined voters information or combined
absent voters information is disclosed in reliance on an exception in
section 8
or regulations under
section 13
,
(b)
the disclosure is permitted by a provision of, or made under, an Act
mentioned in
subsection (2)
(a)
or
(b)
, and
(c)
that permission is subject to a restriction or condition imposed by or
under
that Act
(for example, a restriction on further disclosure by the
recipient of the information),
that restriction or condition also applies in connection with the disclosure of
all or part of the entry in reliance on the exception in
section 8
or regulations
under
section 13
.
10
Exceptions for combined information under devolved legislation
(1)
The
Scottish Elections (Reduction of Voting Age) Act 2015
(asp 7) is amended
as set out in
subsections (2)
to
(4)
.
(2)
In
section 13
(protection of information about persons aged under 16)—
(a)
in
subsection (1)
(a)
, after “section 14” insert “or
14A
”;
(b)
in
subsection (2)
, in the words before
paragraph (a)
, after “sections
14” insert “,
14A
”.
(3)
After
section 14
insert—
14A
Exceptions for combined information
(1)
In this section—
combined voters information
means an entry in a register
maintained under
section 9
(1)
of
the 1983 Act
but only where—
(a)
the entry relates to a person who is registered both in
the register of local government electors in Scotland
and a register of parliamentary electors, and
(b)
those registers are combined in accordance with section
9(5) of that Act,
(and references in this definition to a register maintained under
section 9(1) of the 1983 Act include any notice of an alteration
in the register issued under section 13A(2), 13AB(2) or 13B(3),
(3B) or (3D) of
the 1983 Act
);
combined absent voters information
means an entry in a record
kept under
paragraph 3
(4)
or
7
(6)
of
Schedule 4
to the
Representation of the People Act 2000
but only where—
(a)
the entry relates to a person in respect of whom an
application under
paragraph 3
(4)
or
7
(6)
of
that Schedule
has been granted both in respect of local government
elections in Scotland and in respect of parliamentary
elections, and
(b)
the record relates both to local government elections in
Scotland and to parliamentary elections.
(2)
An entry that is combined voters information or combined absent
voters information may be disclosed where disclosure of the entry is
permitted by section 8 of the Representation of the People Act 2026
or regulations under section 13 of that Act.
(3)
But the exception in
subsection (2)
may be relied on only in relation
to a disclosure which could not be made under section 14 or
regulations under section 15.
(4)
Where—
(a)
an entry that is combined voters information or combined
absent voters information is disclosed under section 14 or
regulations under section 15,
(b)
the disclosure is permitted by section 8 of the Representation
of the People Act 2026 or regulations under section 13 of that
Act, and
(c)
that permission is subject to a restriction or condition imposed
by or under that Act (for example, a restriction on further
disclosure by the recipient of the information),
that restriction or condition also applies in connection with the
disclosure of the entry under section 14 or regulations under section
15.
(4)
In
section 15
(further provision for exceptions), in
subsection (3)
(b)
, after
“section 14” insert “or 14A”.
(5)
The
Senedd and Elections (Wales) Act 2020
(anaw 1) is amended as set out
in
subsections (6)
to
(9)
.
(6)
In
section 24
(protection of information about persons aged under 16)—
(a)
in the English language text—
(i)
in
subsection (1)
(a)
, after “section 25” insert “or 25A”;
(ii)
in
subsection (2)
, in the opening words, after “sections 25”
insert “, 25A”;
(iii)
in
subsection (3)
, in the words before
paragraph (a)
, after
“sections 25” insert “, 25A”;
(b)
in the Welsh language text—
(i)
in
subsection (1)
(a)
, after “adran 25” insert “neu 25A”;
(ii)
in
subsection (2)
, in the opening words, after “adrannau 25”
insert “, 25A”;
(iii)
in
subsection (3)
, in the words before
paragraph (a)
, after
“adrannau 25” insert “, 25A”.
(7)
In the English language text, after
section 25
insert—
25A
Exceptions for combined information
(1)
This section applies for the purpose of section 24(1).
(2)
In this section—
combined voters information
(“
gwybodaeth gyfunol am
bleidleiswyr
”) means an entry in a register maintained under
section 9(1) of the 1983 Act but only where—
(a)
the entry relates to a person who is registered both in
the register of local government electors in Wales and
a register of parliamentary electors, and
(b)
those registers are combined in accordance with section
9(5) of that Act,
(and references in this definition to a register maintained under
section 9(1) of the 1983 Act include any notice of an alteration
in the register issued under section 13A(2), 13AB(2) or 13B(3),
(3B) or (3D) of the 1983 Act);
combined absent voters information
(“
gwybodaeth gyfunol am
bleidleiswyr
absennol
”) means an entry in a record kept under
paragraph 3(4) or 7(6) of
Schedule 4
to the
Representation of
the People Act 2000
but only where—
(a)
the entry relates to a person in respect of whom an
application under
paragraph 3
(4)
or
7
(6)
of
that Schedule
has been granted in respect of local government
elections in Wales and in respect of parliamentary
elections, and
(b)
the record relates both to local government elections in
Wales and to parliamentary elections.
(3)
An entry that is combined voters information or combined absent
voters information may be disclosed where disclosure of the entry is
permitted by section 8 of the Representation of the People Act 2026
or regulations under section 13 of that Act.
(4)
But the exception in subsection
(3)
may be relied on only in relation
to a disclosure which could not be made under section 25 or
regulations under section 26.
(5)
Where—
(a)
an entry that is combined voters information or combined
absent voters information is disclosed under section 25 or
regulations under section 26,
(b)
the disclosure is permitted by section 8 of the Representation
of the People Act 2026 or regulations under section 13 of that
Act, and
(c)
that permission is subject to a restriction or condition imposed
by or under that Act (for example, a restriction on further
disclosure by the recipient of the information),
that restriction or condition also applies in connection with the
disclosure of the entry under section 25 or regulations under section
26.
(8)
In the Welsh language text, after
section 25
insert—
25A
Eithriadau ar gyfer gwybodaeth gyfunol
(1)
Mae’r adran hon yn gymwys at ddiben adran 24(1).
(2)
Yn yr adran hon—
ystyr
gwybodaeth gyfunol am bleidleiswyr
(“
combined voters
information
”) yw eitem mewn cofrestr a gynhelir o dan adran
9(1) o Ddeddf 1983 ond dim ond pan—
(a)
bo’r eitem yn ymwneud â pherson sydd wedi’i gofrestru
yn y gofrestr o etholwyr llywodraeth leol yng Nghymru
a chofrestr o etholwyr seneddol, a
(b)
caiff y cofrestrau hynny eu cyfuno yn unol ag adran
9(5) o’r Ddeddf honno,
(ac mae cyfeiriadau yn y diffiniad hwn at gofrestr a gynhelir
o dan adran 9(1) o Ddeddf 1983 yn cynnwys unrhyw hysbysiad
o addasiad yn y gofrestr a ddyroddwyd o dan adran 13A(2),
13AB(2) neu 13B(3), (3B) neu (3D) o Ddeddf 1983);
ystyr
gwybodaeth gyfunol am bleidleiswyr absennol
(“
combined
absent voters information
”) yw eitem mewn cofnod a gedwir o
dan baragraff 3(4) neu 7(6) o Atodlen 4 i Ddeddf
Cynrychiolaeth y Bobl 2000 ond dim ond pan—
(a)
bo’r eitem yn ymwneud â pherson y mae cais o dan
baragraff 3(4) neu 7(6) o’r Atodlen honno wedi’i
ganiatáu ar ei gyfer mewn cysylltiad ag etholiadau
llywodraeth leol yng Nghymru ac mewn cysylltiad ag
etholiadau seneddol, a
(b)
bo’r cofnod yn ymwneud ag etholiadau llywodraeth
leol yng Nghymru ac etholiadau seneddol.
(3)
Caniateir datgelu eitem sy’n wybodaeth gyfunol am bleidleiswyr neu
wybodaeth gyfunol am bleidleiswyr absennol pan ganiateir datgelu’r
eitem yn unol ag adran
8
o Ddeddf Cynrychiolaeth y Bobl 2026 neu
reoliadau o dan adran
13
o’r Ddeddf honno.
(4)
Ond dim ond mewn perthynas â datgeliad [na ellid][na chaniateir] ei
wneud o dan adran 25 neu reoliadau o dan adran 26 y caniateir
dibynnu ar yr eithriad yn is-adran
(3)
.
(5)
Pan—
(a)
caiff eitem sy’n wybodaeth gyfunol am bleidleiswyr neu
wybodaeth gyfunol am bleidleiswyr absennol ei datgelu o dan
adran 25 neu reoliadau o dan adran 26,
(b)
caniateir y datgeliad yn unol ag adran
8
o Ddeddf
Cynrychiolaeth y Bobl 2026 neu reoliadau o dan adran
13
o’r
Ddeddf honno, ac
(c)
bo’r caniatâd hwnnw yn ddarostyngedig i gyfyngiad neu amod
a osodwyd gan neu o dan y Ddeddf honno (er enghraifft,
cyfyngiad ar ddatgeliad pellach gan dderbynnydd yr
wybodaeth),
mae’r cyfyngiad neu’r amod hwnnw hefyd yn gymwys mewn
cysylltiad â datgelu’r eitem o dan adran 25 neu reoliadau o dan adran
26.
(9)
In
section 26
(further provision for exceptions), in
subsection (3)
(a)
—
(a)
in the English language text, after “section 25” insert “or 25A”;
(b)
in the Welsh language text, after “adran 25” insert “neu 25A”.
11
Meaning of “relevant supply enactment”
For the purposes of
section 8
(2)
, “relevant supply enactment” means—
(a)
the following provisions of the
Representation of the People (England
and Wales) Regulations 2001
(S.I. 2001/341)—
(i)
regulation 61
, so far as relating to a supply to a person or
organisation falling within
regulation 108
(supply of postal
voting and proxy lists etc to candidates);
(ii)
regulation 100
(supply to Electoral Commission);
(iii)
regulation 101
(supply to Boundary Commission etc);
(iv)
regulation 102
, so far as relating to a supply to a person or
organisation falling within
regulation 108
(candidates);
(b)
the following provisions of the
Representation of the People (Scotland)
Regulations 2001
(S.I. 2001/497)—
(i)
regulation 61
, so far as relating to a supply to a person or
organisation falling within
regulation 107
(supply of postal
voting and proxy lists etc to candidates);
(ii)
regulation 99
(supply to Electoral Commission);
(iii)
regulation 100
(supply to Boundary Commission etc);
(iv)
regulation 101
, so far as relating to a supply to a person or
organisation falling within
regulation 107
(candidates);
(c)
the following provisions of the
Representation of the People (Northern
Ireland) Regulations 2008
(S.I. 2008/1741)—
(i)
regulation 66
(1)
(supply of postal voting and proxy lists etc to
candidates and agents);
(ii)
regulation 99
(supply to Electoral Commission);
(iii)
regulation 100
(supply to Boundary Commission for Northern
Ireland etc);
(iv)
regulation 101
, so far as relating to a supply to a person or
organisation falling within
regulation 106
(candidates);
(d)
paragraph 2
of
Schedule 1
to the
Police and Crime Commissioner
Elections Order 2012
(S.I. 2012/1917), so far as relating to a request
by a person within paragraph 5 of that Schedule (candidates);
(e)
paragraph 3
(1)
(a)
,
(b)
,
(c)
and
(f)
of
Schedule 1
to the
Recall of MPs
Act 2015 (Recall Petition) Regulations 2016
(S.I. 2016/295) (supply to
registered parties, MPs subject to a recall petition, the Electoral
Commission and accredited campaigners).
12
Prohibition on onward disclosure of information
(1)
A person to whom registration information is disclosed in reliance on an
exception in
subsection (1)
,
(4)
or
(6)
of
section 8
must not disclose the
information to any other person, except as described in the subsection
concerned.
(2)
A person who contravenes
subsection (1)
commits an offence and is liable on
summary conviction—
(a)
in England and Wales, to a fine;
(b)
in Scotland or Northern Ireland, to a fine not exceeding level 5 on the
standard scale.
13
Power to make further provision about disclosure of information
(1)
The Secretary of State may by regulations made by statutory instrument make
provision for or about the disclosure of protected information.
(2)
“Protected information” is information falling within
section 7
(1)
.
(3)
Regulations under
subsection (1)
may, in particular, include provision—
(a)
that a supply or other disclosure of protected information by
registration officers, to such descriptions of persons as may be specified
in the regulations, does not breach the prohibition in
section 7
(1)
;
(b)
specifying in relation to any person, or description of person, to whom
protected information has been supplied or otherwise disclosed
(whether by a registration officer or another person) the purposes for
which protected information may be used;
(c)
imposing prohibitions or restrictions relating to the extent (if any) to
which persons to whom protected information is supplied or otherwise
disclosed (whether in accordance with the regulations or otherwise)
may—
(i)
supply or otherwise disclose the information to other persons,
or
(ii)
make use of the information otherwise than for any purposes
specified in the regulations or for which the information has
been supplied or otherwise disclosed in accordance with the
regulations;
(d)
imposing prohibitions or restrictions corresponding to those which
may be imposed by virtue of
paragraph (c)
in relation to—
(i)
persons to whom protected information has been supplied or
otherwise disclosed in accordance with regulations made in
pursuance of
paragraph (c)
or
this paragraph
, or
(ii)
persons who otherwise have access to protected information;
(e)
imposing, in relation to persons involved in the preparation of—
(i)
a register of electors maintained under
section 9
(1)
of
RPA
1983
,
(ii)
a register of persons entitled to sign a recall petition compiled
under
regulation 4
of the
Recall of MPs Act 2015 (Recall
Petition) Regulations 2016
(S.I. 2016/295),
(iii)
an absent voters record or list, or
(iv)
an overseas electors list,
prohibitions with respect to supplying copies of, or otherwise
disclosing, protected information contained in anything described in
sub-paragraphs (i)
to
(iv)
.
(4)
Regulations under
subsection (1)
may—
(a)
make different provision for different purposes;
(b)
amend
sections 7
to
9
,
11
,
12
and
14
(but see subsection (5));
(c)
apply (with or without modifications) other enactments relating to the
supply or disclosure of—
(i)
a register of electors,
(ii)
the register of persons entitled to sign a recall petition,
(iii)
an absent voters record or list, or
(iv)
an overseas electors list,
or copies of, or entries in, anything described in
sub-paragraphs (i)
to
(iv)
;
(d)
provide for the creation of criminal offences punishable on summary
conviction—
(i)
in England and Wales, by a fine, and
(ii)
in Scotland or Northern Ireland, by a fine not exceeding level
5 on the standard scale;
(e)
make incidental, supplemental, consequential, transitional, transitory
or saving provision.
(5)
Regulations under
subsection (1)
may amend the definitions of “registration
information”, “voters register”, “absent voters record or list” or “overseas
electors list” in
section 7
in the following ways only—
(a)
by adding a description of information, register, record or list,
(b)
by varying a description of information, register, record or list,
(c)
by omitting a description of information, register, record or list added
by regulations made under
subsection (1)
.
(6)
Before making regulations under
subsection (1)
, the Secretary of State must
consult—
(a)
the Electoral Commission, and
(b)
such other persons as the Secretary of State thinks appropriate.
(7)
A statutory instrument contain regulations under
this section
may not be
made unless a draft of the instrument has been laid before and approved by
a resolution of each House of Parliament.
14
Interpretation of sections 7 to 13
(1)
This section
defines terms and expressions used in
sections 7
to
13
.
(2)
For the meaning of “absent voters record or list”, “overseas electors list”,
“registration officer”, “registration information” and “voters register”, see
section 7
.
(3)
“Enactment” includes—
(a)
an enactment comprised in subordinate legislation (as defined in
section 21
of the
Interpretation Act 1978
);
(b)
an enactment comprised in, or in an instrument made under, a Measure
or Act of Senedd Cymru;
(c)
an enactment comprised in, or in an instrument made under, an Act
of the Scottish Parliament;
(d)
an enactment comprised in, or in an instrument made under, Northern
Ireland legislation.
(4)
“Local government election” means a local government election within the
meaning of
section 203
or
204
of
RPA 1983
;
(5)
“Recall petition” has the same meaning as in the
Recall of MPs Act 2015
(see
section 1(2) of that Act).
(6)
“Recall petition process” means the process for dealing with a recall petition.
Duty to raise awareness and provide assistance
15
Duty to raise awareness and provide assistanceGreat Britain
(1)
A local authority in England, Wales or Scotland must take the steps the
authority considers necessary—
(a)
to promote awareness among relevant young people of the
arrangements for registration as a parliamentary elector that apply to
them, and
(b)
to help relevant young people register as parliamentary electors.
(2)
A local authority in England must take the steps the authority considers
necessary—
(a)
to promote awareness among relevant young people of the
arrangements for registration as a local government elector in England
that apply to them, and
(b)
to help relevant young people register as local government electors
in England.
(3)
For the purposes of
this section
, the following are “relevant young people”
in relation to a local authority—
(a)
a person who is a child looked after by the local authority, and
(b)
a person, not falling within
paragraph (a)
, who is a young person
eligible for continuing care from the local authority,
other than a person legally incapable of voting by reason of falling within
section 3
(1)
or
(1ZA)
or
section 3A
of
RPA 1983
.
(4)
For the purposes of
this section
, a person is a child looked after by a local
authority if the person is—
(a)
a child who is looked after by the local authority within the meaning
of
section 22
of the
Children Act 1989
,
(b)
a child who is looked after by the local authority for the purposes of
the
Social Services and Well-being (Wales) Act 2014
(anaw 4) (see
section 74
of
that Act
),
(c)
a child who is looked after by the local authority for the purposes of
Chapter 1
of
Part 2
of the
Children (Scotland) Act 1995
(see section
17(6) of that Act), or
(d)
a child detained in secure accommodation by virtue of
section 51
(1)
(a)
or
216
(7)
of the
Criminal Procedure (Scotland) Act 1995
in relation to
whom the local authority has duties by virtue of
section 17A
of the
Children (Scotland) Act 1995
(detained children treated as looked after
children).
(5)
For the purposes of
this section
, a person is a young person eligible for
continuing care from a local authority if—
(a)
the local authority has a duty described in
section 23B
or
23C
of the
Children Act 1989
in relation to the person (continuing functions
regarding former looked after children),
(b)
the local authority has the duty described in
section 106
of the
Social
Services and Well-being (Wales) Act 2014
(anaw 4) in relation to the
person (duty to arrange for personal adviser),
(c)
the local authority has a duty to provide the person with continuing
care under
section 26A
of the
Children (Scotland) Act 1995
(provision
of continuing care to former looked after children), or
(d)
the local authority has a duty to provide advice, guidance or assistance
to the person under
section 29
(1)
or
(5A)
of the
Children (Scotland)
Act 1995
(provision of advice, guidance and assistance to former looked
after children).
(6)
In
this section
, “local authority” means—
(a)
in relation to England, a county council, a district council for an area
for which there is no county council, a London borough council, the
Common Council of the City of London in its capacity as a local
authority and the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or county borough council;
(c)
in relation to Scotland, a council constituted under
section 2
of the
Local Government etc. (Scotland) Act 1994
.
16
Duty to raise awareness and provide assistanceNorthern Ireland
(1)
A Health and Social Care trust must take the steps the trust considers
necessary—
(a)
to promote awareness among relevant young people of the
arrangements for registration as a parliamentary or local elector in
Northern Ireland that apply to them, and
(b)
to help relevant young people register as parliamentary or local electors
in Northern Ireland.
(2)
For the purposes of
this section
, the following are “relevant young people”
in relation to a Health and Social Care trust—
(a)
a person who is a child looked after by the trust for the purposes of
the
Children (Northern Ireland) Order 1995
(S.I. 1995/755 (N.I. 2))
(see
Article 25
of
that Order
), and
(b)
a person who is a young person eligible for continuing care from the
trust,
other than a person legally incapable of voting by reason of falling within
section 3
(1)
or
(1ZA)
or
section 3A
of
RPA 1983
.
(3)
For the purposes of
this section
, a person is a young person eligible for
continuing care from a Health and Social Care trust if the trust—
(a)
has a function set out in Article 34C, or a duty provided for in
Article
34D, of the Children (Northern Ireland) Order 1995
(S.I. 1995/755 (N.I.
2)) in respect of the person, or
(b)
may give assistance to the person under Article 35B of that Order.
(4)
In
this section
, “a Health and Social Care trust” means a Health and Social
Care trust established under the
Health and Personal Social Services (Northern
Ireland) Order 1991
(S.I. 1991/194 (N.I. 1)).
Part 2
Registration of voters
Registration, and alteration of registers, without an application
17
Registration without an application
(1)
In
RPA 1983
, before
section 13
insert—
12A
Duty to register certain electors without an application
(1)
A registration officer must register a person in a relevant register
maintained by the officer if—
(a)
the officer is aware of the person’s name and address,
(b)
the person is not registered in the register,
(c)
the person appears to the officer to be of voting age and
entitled to be registered in the register,
(d)
the officer has given the person a notice in accordance with
section 12B
(1)
in relation to the register, and
(e)
either (or both) of the following applies—
(i)
the response period specified in the notice (in
accordance with
section 12B
(3)
(d)
) has ended;
(ii)
during that period, the person confirmed to the officer
that the person wishes to be registered in the register
under this section.
(2)
In this section, “relevant register” means a register of electors other
than—
(a)
a register of local government electors for an area in Wales;
(b)
a register of local government electors for an area in Scotland.
(3)
Subsection (1)
does not apply if, during the response period specified
in the notice referred to in
subsection (1)
(d)
—
(a)
the person notified the officer that the person does not wish
to be registered in the register under this section,
(b)
the officer received an application for registration in the register
made by someone who appears to the officer to be the person,
(c)
the officer is treated as having received an application for
registration in the register from the person by virtue of section
10A(2) (completed Northern Ireland canvass form treated as
application), or
(d)
the person notified the officer that the person—
(i)
intends to make an application for registration in the
register,
(ii)
wishes to be registered in a register of electors with an
anonymous entry (see section 9B), or
(iii)
wishes to be registered in a register of electors in
pursuance of a declaration of local connection, a service
declaration or an overseas elector’s declaration.
(4)
In
subsection (3)
—
(a)
the reference in
paragraph (a)
to notification that a person does
not wish to be registered under this section includes notification
which indicates that without referring to this section;
(b)
the references in
paragraph (d)
(ii)
and
(iii)
to a register of
electors include a register of electors prepared for the purposes
of local elections (as defined in
section 130
(1)
of the
Electoral
Law Act (Northern Ireland) 1962
(c. 14 (N.I.)).
12B
Notice of duty to register under
section 12A
(1)
A registration officer must give a notice to a person, in relation to a
relevant register maintained by the officer, if—
(a)
the officer is aware of the person’s name and address,
(b)
the person is not registered in the register, and
(c)
the person appears to the officer to be of voting age and
entitled to be registered in the register.
(2)
Subsection (1)
does not apply where—
(a)
the record kept under
section 12D
shows that the person does
not wish to be registered in the register under
section 12A
,
(b)
the officer has received an application for registration in the
register made by someone who appears to the officer to be the
person and the application has not yet been determined,
(c)
the officer is treated as having received an application for
registration in the register from the person by virtue of section
10A(2) (completed Northern Ireland canvass form treated as
application) and the application has not yet been determined,
or
(d)
the officer has reason to believe that the person—
(i)
intends to make an application for registration in the
register,
(ii)
wishes to be registered in a register of electors with an
anonymous entry (see section 9B), or
(iii)
wishes to be registered in a register of electors in
pursuance of a declaration of local connection, a service
declaration or an overseas elector’s declaration.
(3)
The notice under
subsection (1)
must—
(a)
be given in writing,
(b)
state that the registration officer has a duty to register people
who appear to the officer to be of voting age and entitled to
be registered in the register,
(c)
provide information about the exceptions to that duty (see
section 12A
(3)
),
(d)
specify a period (beginning with the day on which the notice
is given) for the person to respond to the notice (“the response
period”),
(e)
explain the effect if, during the response period, the person
confirms that they wish to be registered under section
12A
(see
section 12A
(1)
(e)
), and
(f)
provide information about making an application for
registration in a relevant register, including information about
making an application—
(i)
with an application for an anonymous entry under
section 9B(1)(a), or
(ii)
in pursuance of a declaration of local connection, a
service declaration or an overseas elector’s declaration.
(4)
The notice may relate to more than one register maintained by the
registration officer.
(5)
Regulations may make provision about notices under
subsection (1)
.
(6)
Regulations under
subsection (5)
may, among other things, make
provision about—
(a)
the form of the notice;
(b)
how the notice is given;
(c)
the length of the response period;
(d)
additional information that must be included in the notice.
(7)
In this section, “relevant register” has the same meaning as in
section
12A
.
(8)
For the purposes of
subsection (1)
(c)
, whether a person is entitled to
be registered in a register at a given time is to be determined as if,
for the purposes of section 4, that time were the relevant date.
(9)
The references in
subsection (2)
(d)
(ii)
and
(iii)
to a register of electors
include a register of electors prepared for the purposes of local elections
(as defined in
section 130(1)
of the
Electoral Law Act (Northern Ireland)
1962
(c. 14 (N.I.)).
12C
Notice of person not being registered under
section 12A
(1)
A registration officer must give a notice to a person where the officer—
(a)
has given the person a notice in accordance with
section 12B
(1)
in relation to a relevant register maintained by the officer, but
(b)
is not required to register the person in the register under
section 12A
because (and only because) the condition in
section
12A
(1)
(c)
is not satisfied.
(2)
The officer must give the notice under
subsection (1)
as soon as
reasonably practicable after the response period specified in the notice
referred to in
subsection (1)
(a)
ends.
(3)
The notice under
subsection (1)
must be given in writing.
(4)
Regulations may make provision about notices under
subsection (1)
.
(5)
The regulations may, among other things, make provision about—
(a)
the form of the notice;
(b)
how the notice is given;
(c)
information that must be included in the notice.
(6)
In this section, “relevant register” has the same meaning as in
section
12A
.
12D
Record of notices under
section 12B
(1)
etc
(1)
A registration officer must keep a record of notices given under
section
12B
(1)
in respect of registration in a register for the time being
maintained by the officer.
(2)
The record required under
subsection (1)
must contain the following
information in relation to each notice—
(a)
the name of the person to whom the notice was sent,
(b)
the address to which the notice was sent,
(c)
the date on which the response period specified in the notice
ended,
(d)
the register to which the notice related,
(e)
whether the person was registered in the register under
section
12A
,
(f)
if the person was not registered, the reason for that, and
(g)
if a notice was given to the person under
section 12C
, the fact
that it was given and the address to which it was sent.
(3)
The record required under
subsection (1)
may contain other information
that the registration officer considers relevant for the purposes of the
officer’s duties under
sections 12A
,
12B
and
12C
.
(4)
Subsection (1)
does not require the registration officer to keep a record
in relation to a notice under
section 12B
(1)
after the end of the period
of 5 years beginning with the day after the last day of the response
period specified in the notice.
(5)
A registration officer must also keep a record of notifications received
from a person which—
(a)
are received by the officer, or a predecessor of the officer,
otherwise than in response to a notice under section
12B
(1)
,
(b)
include the person’s name and address, and
(c)
indicate that the person does not wish to be registered under
section 12A
in a register for the time being maintained by the
officer.
(6)
The record required under
subsection (5)
must contain the following
information in relation to each notification—
(a)
the name of the person who gave the notification,
(b)
that person’s address,
(c)
the date on which the notification was received, and
(d)
the register to which the notification related.
(7)
The record required under
subsection (5)
may contain other information
that the registration officer considers relevant for the purposes of the
officer’s duties under
sections 12A
and
12B
.
(8)
Subsection (5)
does not require the registration officer to keep a record
in relation to a notification after the end of the period of 5 years
beginning with the day on which the notification was received.
(9)
The reference in
subsection (5)
to a notification indicating that a person
does not wish to be registered under section
12A
includes a notification
which indicates that without referring to section
12A
.
(10)
A registration officer complies with
subsections (1)
and
(5)
if the officer
takes all reasonable steps to keep the required records.
(2)
In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(provisions of RPA 1983 applied), in the entry beginning “Sections 9”, after
“10B,” insert “
12A
,
12B
,
12C
,
12D
,”.
18
Alteration of registers without an application
(1)
In
RPA 1983
, after section
12D
(inserted by section
17
of this Act) insert—
12E
Duty to alter entries in certain registers without an application
(1)
A registration officer must alter a person’s entry in a relevant register
maintained by the officer if—
(a)
the officer is aware that the person’s name or address (or both)
is no longer the one in respect of which the person is registered,
(b)
the person appears to the officer to be of voting age and
entitled to be registered in the register in respect of the new
name or the new address (as the case may be),
(c)
the officer has given the person a notice in accordance with
section 12F
(1)
in relation to the register, and
(d)
either (or both) of the following applies—
(i)
the response period specified in the notice (in
accordance with
section 12F
(3)
(d)
) has ended;
(ii)
during that period, the person confirmed to the officer
that the person wishes the alteration specified in the
notice to be made under this section.
(2)
In this section, “relevant register” means a register of electors other
than—
(a)
a register of local government electors for an area in Wales;
(b)
a register of local government electors for an area in Scotland.
(3)
Subsection (1)
does not apply if, during the response period specified
in the notice referred to in
subsection (1)
(c)
—
(a)
the person notified the officer that the person does not wish
the alteration specified in the notice to be made under this
section,
(b)
the person notified the officer that the person intends to make
an application for the alteration to be made (see sections 10ZD
and 10A(4)),
(c)
the officer received an application requesting the alteration
made by someone who appears to the officer to be the person,
(d)
the person notified the officer that the person wishes to make
an application for registration in a register of electors—
(i)
with an application for an anonymous entry under
section 9B(1)(a), or
(ii)
in pursuance of a declaration of local connection, a
service declaration or an overseas elector’s declaration,
or
(e)
the officer received an application for registration described in
paragraph (d)
made by someone who appears to the officer to
be the person.
(4)
In
subsection (3)
—
(a)
the reference in
paragraph (a)
to notification that a person does
not wish an alteration to be made under this section includes
notification which indicates that without referring to this
section;
(b)
the reference in
paragraph (d)
to a register of electors includes
a register of electors prepared for the purposes of local elections
(as defined in
section 130(1)
of the
Electoral Law Act (Northern
Ireland) 1962
(c. 14 (N.I.)).
12F
Notice of duty to alter entries under
section 12E
(1)
A registration officer must give a notice to a person, in relation to a
relevant register maintained by the officer, if—
(a)
the officer is aware that the person’s name or address (or both)
is no longer the one in respect of which the person is registered,
and
(b)
the person appears to the officer to be—
(i)
of voting age, and
(ii)
entitled to be registered in the register in respect of the
new name or the new address (or both).
(2)
Subsection (1)
does not apply where—
(a)
the record kept under
section 12H
shows that the person does
not wish an alteration reflecting the new name or address to
be made under
section 12E
,
(b)
the officer has reason to believe that the person intends to make
an application requesting the alteration (see sections 10ZD and
10A(4)),
(c)
the officer has received an application described in
paragraph
(b)
from someone who appears to the officer to be the person
and the application has not yet been determined,
(d)
the person has—
(i)
an anonymous entry in the register, or
(ii)
an entry in the register made in pursuance of a
declaration of local connection, a service declaration or
an overseas elector’s declaration,
(e)
the officer has reason to believe that the person intends to make
an application for registration in a register of electors—
(i)
with an application for an anonymous entry under
section 9B(1)(a), or
(ii)
in pursuance of a declaration of local connection, a
service declaration or an overseas elector’s declaration,
or
(f)
the officer has received an application for registration described
in
paragraph (e)
from someone who appears to the officer to
be the person and the application has not yet been determined.
(3)
The notice under
subsection (1)
must—
(a)
be given in writing,
(b)
state that the registration officer has a duty to alter a person’s
name or address in the register where the officer is aware that
it has changed and the person appears to the officer to be—
(i)
of voting age, and
(ii)
entitled to be registered in the register in respect of the
new name or the new address (or both),
(c)
provide information about the exceptions to that duty (see
section 12E
(3)
),
(d)
specify a period (beginning with the day on which the notice
is given) for the person to respond to the notice (“the response
period”),
(e)
explain the effect if, during the response period, the person
confirms that they wish the alteration specified in the notice
to be made under
section 12E
(see
section 12E
(1)
(d)
),
(f)
provide information about making an application for alteration
under section 10ZD or 10A(4) (as appropriate), and
(g)
provide information about making an application for
registration in a relevant register—
(i)
with an application for an anonymous entry under
section 9B(1)(a), or
(ii)
in pursuance of a declaration of local connection, a
service declaration or an overseas elector’s declaration.
(4)
The notice may relate to more than one register maintained by the
registration officer.
(5)
Regulations may make provision about notices under
subsection (1)
.
(6)
Regulations under
subsection (5)
may, among other things, make
provision about—
(a)
the form of the notice;
(b)
how the notice is given;
(c)
the length of the response period;
(d)
additional information that must be included in the notice.
(7)
In this section, “relevant register” has the same meaning as in section
12E
.
(8)
The reference in
subsection (2)
(e)
to a register of electors includes a
register of electors prepared for the purposes of local elections (as
defined in
section 130(1)
of the
Electoral Law Act (Northern Ireland)
1962
(c. 14 (N.I.)).
12G
Notice of entry in register not being altered under
section 12E
(1)
A registration officer must give a notice to a person where the officer—
(a)
has given the person a notice in accordance with
section 12F
(1)
in relation to a relevant register maintained by the officer, but
(b)
is not required to alter the person’s entry in the register under
section 12E
because (and only because) the condition in
section
12E
(1)
(b)
is not satisfied.
(2)
The officer must give the notice under
subsection (1)
as soon as
reasonably practicable after the response period specified in the notice
referred to in
subsection (1)
(a)
ends.
(3)
The notice under
subsection (1)
must be given in writing.
(4)
Regulations may make provision about notices under
subsection (1)
.
(5)
The regulations may, among other things, make provision about—
(a)
the form of the notice;
(b)
how the notice is given;
(c)
information that must be included in the notice.
(6)
In this section, “relevant register” has the same meaning as in
section
12E
.
12H
Record of notices under
section 12F
(1)
etc
(1)
A registration officer must keep a record of notices given under
section
12F
(1)
in respect of the alteration of an entry in a register for the time
being maintained by the officer.
(2)
The record required under
subsection (1)
must contain the following
information in relation to each notice—
(a)
the name of the person to whom the notice was sent,
(b)
the address to which the notice was sent,
(c)
the date on which the response period specified in the notice
ended,
(d)
the register to which the notice related,
(e)
whether the notice related to alteration of the person’s name
or address (or both),
(f)
whether the person’s entry in the register was altered under
section 12E
,
(g)
if the alteration was not made, the reason for that, and
(h)
if a notice was given to the person under
section 12G
, the fact
that it was given and the address to which it was sent.
(3)
The record required under
subsection (1)
may contain other information
that the registration officer considers relevant for the purposes of the
officer’s duties under
sections 12E
,
12F
and
12G
.
(4)
Subsection (1)
does not require the registration officer to keep a record
in relation to a notice under
section 12F
(1)
after the end of the period
of 5 years beginning with the day after the last day of the response
period specified in the notice.
(5)
A registration officer must also keep a record of notifications from a
person which—
(a)
are received by the officer, or a predecessor of the officer,
otherwise than in response to a notice under
section 12F
(1)
,
(b)
include the person’s name and address, and
(c)
indicate that the person does not wish a particular alteration
or type of alteration, or alterations generally, to the person’s
entry in a register for the time being maintained by the officer
to be made under
section 12E
.
(6)
The record kept under
subsection (5)
must contain the following
information in relation to each notification—
(a)
the name of the person who gave the notification,
(b)
the person’s address,
(c)
the date on which the notification was received,
(d)
the register to which the notification related, and
(e)
whether the notification related to alteration of the person’s
name or address (or both).
(7)
The record kept under
subsection (5)
may contain other information
that the registration officer considers relevant for the purposes of the
officer’s duties under
sections 12E
and
12F
.
(8)
Subsection (5)
does not require the registration officer to keep a record
in relation to a notification after the end of the period of 5 years
beginning with the day on which the notification was received.
(9)
The reference in
subsection (5)
to a notification indicating that a person
does not wish an alteration or alterations to be made under
section
12E
includes a notification which indicates that without referring to
section 12E
.
(10)
A registration officer complies with
subsections (1)
and
(5)
if the officer
takes all reasonable steps to keep the required records.
(2)
In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(provisions of RPA 1983 applied), in the entry beginning “Sections 9”, before
“13,” insert “
12E
,
12F
,
12G
,
12H
,”.
19
Registration etc without an applicationfurther provision
Schedule 2
makes further provision in connection with
sections 17
and
18
.
Piloting changes to the voter registration process
20
Power to pilot changes to the voter registration process
(1)
The Secretary of State may by regulations make voter registration provision
(see
section 21
) in connection with—
(a)
a register of parliamentary electors maintained under
section 9
of
RPA
1983
;
(b)
a register of local government electors or local electors maintained
under
that section
for an area in England or Northern Ireland.
(2)
Regulations under
this section
(“pilot regulations”) must be made so as to
have effect only for a specified period.
(3)
Pilot regulations may extend a period specified under
subsection (2)
on one
or more occasions.
(4)
Pilot regulations must specify—
(a)
the objective or objectives of the provisions contained in the
regulations, and
(b)
the date before which the Electoral Commission must report on the
regulations and the objective or objectives (see
section 24
) (“the report
date”).
(5)
Where the period for which pilot regulations have effect is extended under
subsection (3)
, pilot regulations may change the report date for the regulations
to a later date.
21
Voter registration provision
(1)
This section
is about what is meant in
section 20
by “voter registration
provision” in connection with a register.
(2)
It means provision setting out or modifying a process for—
(a)
registering individuals in the register, or
(b)
altering or removing entries in the register.
(3)
It includes provision relating to—
(a)
the identification of individuals who are not registered in the register
but who are entitled to be registered,
(b)
the identification of individuals who are registered in the register but
who are not entitled to be registered,
(c)
the identification of changes relevant to entries in the register, and
(d)
the maintenance of registers.
(4)
It includes provision relating to registration in the register, or the alteration
of entries in the register, with or without the individual concerned making
an application or taking other steps.
(5)
It includes provision relating to—
(a)
the form of the register;
(b)
the procedure to be followed in the preparation of the register;
(c)
the publication of the register.
(6)
It includes provision—
(a)
which is made for the purpose of testing how the changes made by
sections 17
to
19
and
Schedule 2
work in practice, and
(b)
the effect of which corresponds to the effect of those changes or to
the effect of provision that could be made by regulations by virtue of
those sections or that Schedule.
(7)
It includes provision the effect of which corresponds to the effect of provision
that could be made by regulations by virtue of
paragraph 1
or
1A
of
Schedule
2
to
RPA 1983
as amended by
section 36
of this Act (information to assist
registration officers).
22
Further powers and restrictions
(1)
Pilot regulations may make provision which applies only—
(a)
in one or more specified areas,
(b)
in relation to a specified register or a register of a specified description,
or
(c)
in relation to individuals of a specified description,
as well as provision whose application is not limited in those ways.
(2)
Pilot regulations may not make provision applying to an area without the
consent of the registration officer for the area or (as appropriate) each person
who is the registration officer for a part of the area, except where—
(a)
the application of the pilot regulations is not limited to a particular
area or areas, or
(b)
the Secretary of State—
(i)
considers that it is appropriate to make the provision without
the consent of the registration officer (or, as appropriate, each
registration officer), and
(ii)
has made a written statement to that effect.
(3)
Pilot regulations may—
(a)
make provision for the imposition of a financial penalty;
(b)
disapply provision about financial penalties in other enactments;
(c)
alter such provision, but not by increasing the amount of a penalty.
(4)
Pilot regulations may create an offence that is punishable—
(a)
on summary conviction in England and Wales, by imprisonment for
a term not exceeding the maximum term for summary offences or a
fine (or both);
(b)
on summary conviction in Scotland, by imprisonment for a term not
exceeding 12 months or a fine not exceeding level 5 on the standard
scale (or both);
(c)
on summary conviction in Northern Ireland, by imprisonment for a
term not exceeding six months or a fine not exceeding level 5 on the
standard scale (or both).
(5)
Pilot regulations may disapply or alter provision about offences in other
enactments but may not—
(a)
increase the penalty for a summary offence so that it exceeds the
penalty described in
subsection (4)
, or
(b)
increase the penalty for an offence triable either way or an indictable
offence.
(6)
Pilot regulations made in reliance on
subsection (3)
,
(4)
or
(5)
may not provide
that an individual who fails to take steps to register, or to alter their entry in
a register, is subject to a financial penalty or commits an offence.
(7)
Pilot regulations may—
(a)
disapply an enactment or provide for an enactment to apply with
modifications;
(b)
make different provision for different purposes or different areas;
(c)
make consequential, supplementary, incidental, transitional or saving
provision;
(d)
be replaced by further pilot regulations, which may make provision
that was made, or that has the same effect as provision made, in the
pilot regulations being replaced or other pilot regulations.
(8)
In
this section
—
enactment
means an enactment whenever passed or made and
includes—
(a)
an enactment comprised in subordinate legislation (as defined
in
section 21
of the
Interpretation Act 1978
);
(b)
an enactment comprised in, or in an instrument made under,
Northern Ireland legislation;
the maximum term for summary offences
means—
(a)
if the offence is committed before the time when
section 281
(5)
of the
Criminal Justice Act 2003
comes into force, six months;
(b)
if the offence is committed after that time, 51 weeks.
23
Parliamentary procedure
(1)
Pilot regulations are to be made by statutory instrument.
(2)
A statutory instrument containing (whether alone or with other provision)
pilot regulations may not be made unless a draft of the instrument has been
laid before and approved by a resolution of each House of Parliament, subject
to
subsection (3)
.
(3)
A statutory instrument containing pilot regulations which make only—
(a)
provision under
section 20
(3)
extending the specified period for not
more than 12 months, or
(b)
provision under
section 20
(5)
(changing the date for the Electoral
Commission to report),
(or both) is subject to annulment in pursuance of a resolution of either House
of Parliament.
(4)
Where the Secretary of State is required to make a statement under
section
22
(2)
(b)
in connection with pilot regulations, the Secretary of State must lay
the statement before Parliament—
(a)
where
subsection (2)
applies, when the draft statutory instrument is
laid before Parliament, and
(b)
where
subsection (3)
applies, without delay after the regulations are
made.
24
Electoral Commission report
(1)
The Electoral Commission must, before the report date specified in pilot
regulations—
(a)
prepare a report on the regulations,
(b)
give a copy of the report to the Secretary of State, and
(c)
give a copy of the report to each person who is the registration officer
for, or for a part of, an area to which the regulations apply.
(2)
The report must contain—
(a)
a description of the provisions of the regulations,
(b)
an assessment of the extent to which the objective or (if more than
one) each objective of the regulations was met in the area or areas to
which the regulations apply immediately before the period specified
under
section 20
(2)
,
(c)
an assessment of the extent to which that objective or (if more than
one) each of those objectives was met in the area or areas to which
the regulations apply during the period specified under
section 20
(2)
(including, where relevant, that period as extended under
section
20
(3)
), and
(d)
an assessment of whether the changes made by the regulations are a
cost-effective means of achieving that objective or (if more than one)
each of those objectives.
(3)
The Secretary of State must publish the report.
(4)
A registration officer must comply with a request made by the Electoral
Commission for information that it reasonably requires in connection with
the preparation of a report under
this section
.
25
Interpretation of sections 20 to 24
In
sections 20
to
24
—
pilot regulations
has the meaning given in
section 20
(2)
;
registration officer
has the same meaning as in
RPA 1983
(see section
8 of that Act);
report date
has the meaning given in
section 20
(4)
(b)
;
specified
means specified in pilot regulations.
Northern Ireland canvass
26
Power to amend the canvass in Northern Ireland
(1)
The Secretary of State may by regulations make provision in connection with
the conduct of a canvass in Northern Ireland.
(2)
When making regulations under
this section
, the Secretary of State must have
regard to the Northern Ireland registration objectives.
(3)
The power under
this section
—
(a)
includes power to modify
section 10
of
RPA 1983
or any other
enactment relating to a canvass under
that section
, but
(b)
does not include power to abolish the Chief Electoral Officer for
Northern Ireland’s duty to conduct a canvass.
(4)
Regulations under this section may make provision about, among other
things—
(a)
how a canvass must be conducted;
(b)
when a canvass must take place;
(c)
the alteration, following a canvass, of registers maintained by the Chief
Electoral Officer for Northern Ireland.
(5)
Regulations under
this section
may confer power on the Secretary of State to
make subordinate legislation and, if they do so, must provide—
(a)
that the subordinate legislation is to be made by statutory instrument,
and
(b)
that the instrument may not be made unless a draft of it has been laid
before and approved by a resolution of each House of Parliament.
(6)
Regulations under
this section
may—
(a)
make consequential, supplementary, incidental, transitional or saving
provision;
(b)
modify an enactment (whenever passed or made);
(c)
make provision applying generally or only for particular purposes or
areas;
(d)
make different provision for different purposes or areas.
(7)
Before making regulations under
this section
, the Secretary of State must
consult the Electoral Commission.
(8)
Regulations under
this section
are to be made by statutory instrument.
(9)
A statutory instrument containing (whether alone or with other provision)
regulations under
this section
may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House
of Parliament.
(10)
In
this section
and sections
27
to
29
—
enactment
includes—
(a)
an enactment comprised in subordinate legislation;
(b)
an enactment comprised in, or in an instrument made under,
Northern Ireland legislation;
modify
includes amend, repeal or revoke;
the Northern Ireland registration objectives
means the relevant
registration objectives set out in
section 10ZB
of
RPA 1983
;
subordinate legislation
has the same meaning as in the
Interpretation
Act 1978
(see section 21 of that Act).
27
Electoral Commission report on proposals under section 26
(1)
Where the Secretary of State consults the Electoral Commission under
section
26
(7)
about a proposal to make regulations under
that section
, the Commission
must prepare a report assessing—
(a)
the extent to which the Northern Ireland registration objectives are
met,
(b)
the extent to which the regulations would assist the Chief Electoral
Officer for Northern Ireland to meet those objectives, and
(c)
the merits of alternative ways of assisting the Chief Electoral Officer
to meet those objectives.
(2)
Where a proposal is to make provision only for a particular purpose or area,
the Electoral Commission’s report under
subsection (1)
is only required to
relate to that purpose or area.
(3)
The Electoral Commission must give a copy of the report to the Secretary of
State before the date specified by the Secretary of State.
(4)
The date specified under
subsection (3)
must be after the end of the period
of 3 months beginning with the day on which the Secretary of State consults
the Commission.
(5)
When a draft of a statutory instrument containing regulations under
section
26
is laid before Parliament, it must be accompanied by a report from the
Electoral Commission under
this section
.
28
Power to pilot proposals under section 26
(1)
Regulations under
section 26
may be made so as to have effect only for a
period specified in the regulations (and regulations which do so are referred
to in
this section
and
section 29
as “pilot regulations”).
(2)
The provision that may be made in pilot regulations by virtue of
section
26
(6)
(a)
includes provision in connection with the expiry of the specified
period.
(3)
Pilot regulations may be replaced by further pilot regulations, which may
make provision that was made, or that has the same effect as provision made,
in the pilot regulations being replaced or other pilot regulations.
(4)
Pilot regulations must specify the date before which the Electoral Commission
must report on the regulations under
section 29
.
(5)
Sections 26
(7)
and
27
(consultation with, and report by, the Electoral
Commission on proposed regulations) do not apply in relation to pilot
regulations.
29
Electoral Commission report on pilot regulations
(1)
If pilot regulations are made, the Electoral Commission must—
(a)
prepare a report on the pilot regulations, and
(b)
before the date specified under
section 28
(4)
, give a copy of the report
to the Secretary of State and to the Chief Electoral Officer for Northern
Ireland.
(2)
The Electoral Commission’s report must contain—
(a)
a description of the pilot regulations,
(b)
an assessment of the extent to which the Northern Ireland registration
objectives were met immediately before the beginning of the period
for which the pilot regulations have effect, and
(c)
an assessment of the extent to which those objectives were met during
that period.
(3)
Where pilot regulations make provision only for a particular purpose or area,
the Electoral Commission’s assessments under
subsection (2)
(b)
and
(c)
are
only required to relate to that purpose or area.
(4)
The Secretary of State must publish the Electoral Commission’s report.
Other provision about registration
30
Local connection and service declarations ceasing to have effect
(1)
RPA 1983
is amended as follows.
(2)
In
section 7C
(effect of declaration of local connection)—
(a)
in
subsection (2)
, after
paragraph (ab)
insert—
(aba)
the registration officer determines in accordance with
regulations made by the appropriate national authority
that—
(i)
the person is no longer a person who could
make a declaration under section 7B, or
(ii)
the person no longer falls into the category of
person to whom section 7B applies which is
specified in the declaration.
;
(b)
after subsection (3) insert—
(3A)
A registration officer must give a notice to a person where—
(a)
the person’s entitlement to remain registered in a
register maintained by the officer terminates by virtue
of subsection (2)(c), and
(b)
the officer removes the person’s entry from the register.
(3B)
A notice under
subsection (3A)
must—
(a)
be in writing,
(b)
be given as soon as reasonably practicable after the
officer removes the person’s entry from the register,
(c)
state that the registration officer has done so,
(d)
state the reason for doing that, and
(e)
provide information about making an application for
registration in the register in pursuance of a further
declaration of local connection.
;
(c)
after
subsection (4)
insert—
(5)
“The appropriate national authority” means—
(a)
in the case of a declaration of local connection having
effect for the purposes of a person’s registration in a
register of local government electors in Wales, the Welsh
Ministers;
(b)
in the case of a declaration of local connection having
effect for the purposes of a person’s registration in a
register of local government electors in Scotland, the
Scottish Ministers;
(c)
in the case of a declaration of local connection having
effect for any other purpose, the Secretary of State.
(6)
Regulations made by the Welsh Ministers under this section
are subject to the Senedd approval procedure (see
section 37C
of the
Legislation (Wales) Act 2019
(anaw 4)).
(7)
Regulations made by the Scottish Ministers under this section
are subject to the affirmative procedure (see
section 29
of the
Interpretation and Legislative Reform (Scotland) Act 2010
(asp
10)).
(3)
In section 15 (service declaration), after subsection (3) insert—
(3ZA)
A registration officer must give a notice to a person where—
(a)
the person’s entitlement to remain registered in a register
maintained by the officer terminates by virtue of subsection
(2)(c), and
(b)
the officer removes the person’s entry from the register.
(3ZB)
A notice under
subsection (3ZA)
must—
(a)
be in writing,
(b)
be given as soon as reasonably practicable after the officer
removes the person’s entry from the register,
(c)
state that the registration officer has done so,
(d)
state the reason for doing that, and
(e)
provide information about making an application for
registration in the register in pursuance of a further service
declaration.
(4)
In
section 201
(regulations)—
(a)
in subsection (1) omit from “and except” to the end;
(b)
after
subsection (1)
insert—
(1A)
Regulations made by the Secretary of State or the Welsh
Ministers under this Act are to be made by statutory
instrument, except in the case of regulations under section
29(8).
(1B)
For regulations made by the Scottish Ministers, see
section 27
of the
Interpretation and Legislative Reform (Scotland) Act
2010
(asp 10) (Scottish statutory instruments).
;
(c)
in
subsection (3)
, for the words from “Secretary” to “them),” substitute
“person making the regulations”.
31
Seniority of electoral registration officers
(1)
RPA 1983
is amended as follows.
(2)
Section 8
(registration officers) is amended as set out in
subsections (3)
to
(6)
.
(3)
In
subsection (2)
(registration officers appointed by councils in England)—
(a)
in
paragraph (a)
, for “an officer” substitute “a senior officer”;
(b)
in
paragraph (b)
, for “an officer” substitute “a senior officer”.
(4)
After
subsection (2)
insert—
(2ZA)
In subsection (2), “senior officer” means—
(a)
the council’s head of paid service designated under
section 4
of the
Local Government and Housing Act 1989
;
(b)
the council’s monitoring officer designated under
section 5
of
that Act
;
(c)
a statutory chief officer of the council (as defined in
section
2
(6)
of
that Act
).
(5)
In
subsection (2A)
(registration officers appointed by councils in Wales), for
“an officer” substitute “a senior officer”.
(6)
After
subsection (2A)
insert—
(2B)
In subsection (2A), “senior officer” means—
(a)
the council’s chief executive appointed under
section 54
of the
Local Government and Elections (Wales) Act 2021
(asc 1);
(b)
the council’s head of democratic services designated under
section 8
of the
Local Government (Wales) Measure 2011
(nawm
4);
(c)
the council’s monitoring officer designated under
section 5
of
the
Local Government and Housing Act 1989
;
(d)
a statutory chief officer of the council (as defined in
section
2
(6)
of
that Act
)
.
(7)
In
section 203
(local government provisions as to England and Wales), in
subsection (4)
(Isles of Scilly), in
paragraph (a)
, for “an officer of the council”
substitute “a senior officer of the council (as defined in section 8
(2ZA)
)”.
32
Anonymous registration
(1)
RPA 1983
is amended as follows.
(2)
In
section 9
(registers of electors), after
subsection (4)
(electoral numbers)
insert—
(4A)
The duty under subsection (4) does not apply in connection with a
person’s electoral number for the purposes of a register where—
(a)
the person has an anonymous entry in the register, and
(b)
the register is maintained by a registration officer in Great
Britain.
(3)
Section 9C
(removal of anonymous entry) is amended as set out in
subsections
(4)
and
(5)
.
(4)
In
subsection (1)
(removal of anonymous entries from registers in Great
Britain)—
(a)
in
paragraph (a)
, for the words from “12 months” to “effect” substitute
“three years beginning with the date specified in subsection (1ZA)”;
(b)
in
paragraph (b)
, for “12 month” substitute “three year”.
(5)
After
subsection (1)
insert—
(1ZA)
For the purposes of subsection (1), the specified date is—
(a)
where the person’s anonymous entry is the result of an
application under section 9B(1)(a), the date when the person’s
entry in the register first takes effect; or
(b)
where the person’s anonymous entry is the result of an
application under section 9B(1)(b), the date when the
registration officer determines under section 9B(2) that the
safety test is satisfied.
33
Pre-election applications for registration
(1)
RPA 1983
is amended as set out in
subsections (2)
to
(4)
.
(2)
In
section 13B
(alteration of registers in Great Britain: pending elections)—
(a)
after
subsection (3ZB)
insert—
(3ZC)
Subsection (3) does not require a registration officer to issue a
notice under that subsection where —
(a)
section 13A applies to the registration officer (by virtue
of section 13A(1)) in connection with a requirement
falling within section 13A(1)(za) or (zb), and
(b)
the application referred to in section 10ZC(1)(a) or
10ZD(1)(a) was received by the officer after 5 p.m. on
the 12th day before the date of the poll for the election.
;
(b)
in
subsection (6)
—
(i)
omit the “and” at the end of
paragraph (a)
;
(ii)
after
paragraph (b)
insert
; and
(c)
in subsection (1)(b), the words “of not more than
7 days” were omitted.
(3)
In
section 13BA
(alteration of registers in Northern Ireland: pending elections),
after
subsection (6B)
insert—
(6C)
Subsection (6) does not require the Chief Electoral Officer to issue a
notice under that subsection where—
(a)
section 13A applies to the registration officer (by virtue of
section 13A(1)) in connection with a determination falling
within section 13A(1)(a), and
(b)
the application for registration in Northern Ireland was received
by the officer after 5 p.m. on the 12th day before the date of
the poll for the election.
(4)
After
section 13BA
insert—
13BAA
Power to change applications deadlinepending elections
(1)
The appropriate national authority may by regulations—
(a)
amend section 13B so as to change the time and day for the
time being specified in subsection
(3ZC)
(b)
of that section;
(b)
amend section 13BA so as to change the time and day for the
time being specified in subsection
(6C)
(b)
of that section.
(2)
Before making regulations under this section, the appropriate national
authority must consult the Electoral Commission.
(3)
“The appropriate national authority” means—
(a)
in the case of elections to Senedd Cymru and local government
elections in Wales, the Welsh Ministers;
(b)
in the case of elections to the Scottish Parliament and local
government elections in Scotland, the Scottish Ministers;
(c)
in the case of other elections, the Secretary of State.
(4)
Regulations made by the Scottish Ministers under this section are
subject to the affirmative procedure (see
section 29
of the
Interpretation
and Legislative Reform (Scotland) Act 2010
(asp 10)).
(5)
Regulations made by the Welsh Ministers under this section are subject
to the Senedd approval procedure (see
section 37C
of the
Legislation
(Wales) Act 2019
(anaw 4)).
(5)
In
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(application and modification of RPA 1983)—
(a)
in
Part 1
(provisions applied), in the entry beginning “Sections 9,”
after “13BA” insert “,
13BAA
”;
(b)
in
Part 2
(modifications), after
paragraph 8
insert—
8ZA
In
section 13BAA
(1)
(b)
, after “that section” insert “and amend
Part 2 of Schedule 1 to the Elected Authorities (Northern
Ireland) Act 1989 so as to modify that time and day”.
34
Pre-election alteration of Northern Ireland registerssupporting evidence
(1)
RPA 1983
is amended as set out in
subsections (2)
to
(4)
.
(2)
In
section 13A
(alteration of registers), in
subsection (4)
, for “13BA(3), (6)”
substitute “13BA(6)”.
(3)
In
section 13BA
(alteration of registers in Northern Ireland: pending
elections)—
(a)
in
subsection (1)
—
(i)
for “final nomination day” substitute “fifth day before the date
of the poll”;
(ii)
omit from “unless” to the end;
(b)
omit
subsections (2)
to
(3B)
(alteration only if additional supporting
material provided);
(c)
in
subsection (5)
(a)
, for “decision or determination falling within section
13A(1)(c) or (d)” substitute “decision, determination or requirement
falling within section 13A(1)(a), (b), (c) or (d)”;
(d)
in
subsection (5)
(b)
, for “decision or determination” substitute “decision,
determination or requirement”;
(e)
in
subsection (6A)
, for “decision or determination” substitute “decision,
determination or requirement”;
(f)
in
subsection (11)
omit “(3),”.
(4)
In
section 13BC
(alteration of registers: recall petition)—
(a)
in
subsection (2)
—
(i)
at the end of
paragraph (b)
insert “and”;
(ii)
at the end of
paragraph (c)
omit “and”;
(iii)
omit
paragraph (d)
(requirement to provide additional
supporting material in Northern Ireland);
(b)
in
subsection (4)
, for “13BA(2) and (5)” substitute “13BA(5)”.
(5)
In
Schedule 2
to the
Recall of MPs Act 2015
(alteration of registers of
parliamentary electors) omit
paragraph 6
(3)
and
(4)
(which amended section
13BA(2) and (3) of RPA 1983).
(6)
In
section 7
of this Act, in
subsection (4)
, in the definition of “voters register”,
in the words after
paragraph (c)
, for “13BA(3), (6)” substitute “13BA(6)”.
35
Electoral identity card issued in Northern Irelandmonth and year of birth
In
section 13C
of
RPA 1983
(electoral identity card: Northern Ireland), in
subsection (4)
(a)
, for “date of birth” substitute “month and year of birth”.
36
Regulations as to registration etcinformation to assist registration officers
(1)
Schedule 2
to
RPA 1983
(provisions which may be contained in regulations
as to registration etc) is amended as set out in
subsections (2)
to
(5)
.
(2)
In
paragraph 1
, in
sub-paragraph (4)
(inspection of documents)—
(a)
omit “to inspect”;
(b)
after “duties,” insert “to inspect or otherwise access (by any means)”;
(c)
after “make” insert “, or require an authority or person described in
paragraph (a) or (b) to provide,”.
(3)
In
paragraph 1A
(disclosure of information)—
(a)
after
sub-paragraph (1B)
insert—
(1C)
Other provision authorising or requiring a person to disclose
information to another person for the purpose of assisting
a registration officer to carry out the officer’s functions.
;
(b)
in
sub-paragraph (2)
, after “(1)” insert “or
(1C)
”;
(c)
in
sub-paragraph (3)
, after “(1)” insert “,
(1C)
”.
(4)
In
paragraph 1B
(provision of information in connection with a canvass)—
(a)
in
sub-paragraph (1)
omit “in Great Britain”;
(b)
in
sub-paragraph (2)
omit “in Great Britain”;
(c)
in
sub-paragraph (3)
omit “in Great Britain”.
(5)
In
paragraph 3C
(provision for registration officer conducting canvass to take
steps to obtain information)—
(a)
omit
sub-paragraph (1)
;
(b)
in
sub-paragraph (1A)
, in the words before
paragraph (a)
omit from
“for the purposes” to the end of those words (but not the dash);
(c)
in
sub-paragraph (3)
omit “(1),”.
(6)
In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act 1989
(application of RPA 1983), in the entry beginning “Section 53 and, in Schedule
2”—
(a)
after “1A,” insert “1B,”;
(b)
after “3B,” insert “3C,”.
37
Edited registerelectors to opt in
(1)
In
Schedule 2
to
RPA 1983
(provisions which may be contained in regulations
as to registration etc),
paragraph 10
(full and edited register of electors) is
amended as follows.
(2)
In
sub-paragraph (1)
, for the words from “omits” to “excluded from” substitute
“includes only the names and addresses of registered persons by whom
requests have been made to have their names and addresses included in”.
(3)
Omit
sub-paragraph (1A)
.
(4)
Before
sub-paragraph (2)
insert—
(1B)
In sub-paragraph (1), “registered person” means a person who has
an entry in the full register.
(1C)
Provision made under sub-paragraph (1) must provide that a request
may not be made by a person—
(a)
who has not attained the age of 16, or
(b)
whose entry in the full register is an anonymous entry.
(5)
In
sub-paragraph (2)
—
(a)
in
paragraph (a)
omit “, or persons acting on behalf of such persons,”;
(b)
in
paragraph (b)
—
(i)
for “exclusion of their names and addresses from” substitute
“inclusion of their names and addresses in”;
(ii)
omit “or on behalf of”.
Part 3
Conduct of elections etc
Returning officers
38
Provision of assistance by local authority officers to returning officers
In
section 24
of
RPA 1983
(returning officers: parliamentary elections in
England and Wales), after
subsection (1A)
insert—
(1B)
Every local authority in England or Wales must place the services of
officers employed by the authority at the disposal of the returning
officer for a constituency wholly or partly situated in the authority’s
area for the purpose of assisting the returning officer in the discharge
of functions conferred on the returning officer in relation to a
parliamentary election in that constituency.
39
Seniority of returning officers
(1)
RPA 1983
is amended as set out in
subsections (2)
and
(3)
.
(2)
In
section 25
(returning officers: parliamentary elections in Scotland), for
subsection (1)
substitute—
(1A)
In relation to each constituency in Scotland, the relevant local authority
must appoint a senior officer of the authority to be the returning officer
for the constituency.
(1B)
In
subsection (1A)
, “the relevant local authority” means—
(a)
in the case of a constituency wholly situated in one local
government area, the local authority for that area;
(b)
in the case of a constituency situated in more than one local
government area, the local authority designated by the Secretary
of State by order.
(1C)
In
subsection (1A)
, “senior officer” means—
(a)
the authority’s head of paid service designated under
section
4
of the
Local Government and Housing Act 1989
;
(b)
the authority’s monitoring officer designated under
section 5
of
that Act
;
(c)
a statutory chief officer of the authority (as defined in
section
2
(6)
of
that Act
).
(3)
In
section 35
(returning officers: local elections in England)—
(a)
in
subsection (1)
, for “an officer”, in each place it occurs, substitute “a
senior officer”;
(b)
after
subsection (1)
insert—
(1ZA)
In subsection (1), “senior officer” means—
(a)
the council’s head of paid service designated under
section 4
of the
Local Government and Housing Act
1989
;
(b)
the council’s monitoring officer designated under
section
5
of
that Act
;
(c)
a statutory chief officer of the council (as defined in
section 2
(6)
of
that Act
)
.
;
(c)
in
subsection (2A)
, for “and (2C)” substitute “to
(2D)
”;
(d)
in
subsection (2C)
—
(i)
for the words before
paragraph (a)
substitute “The Greater
London Authority must appoint a senior officer of the Authority
to be the returning officer—”;
(ii)
omit the words after
paragraph (c)
;
(e)
after
subsection (2C)
insert—
(2D)
In subsection (2C), “senior officer” means—
(a)
the Authority’s head of paid service appointed under
section 72
of the
Greater London Authority Act 1999
;
(b)
the Authority’s monitoring officer appointed under
section 73
of
that Act
.
;
(f)
for
subsection (3)
substitute—
(3)
Every London borough council must appoint a senior officer
of the council to be the returning officer for elections of
councillors of the borough.
;
(g)
after
subsection (3)
insert—
(3ZA)
In
subsection (3)
, “senior officer” means—
(a)
the council’s head of paid service designated under
section 4
of the
Local Government and Housing Act
1989
;
(b)
the council’s monitoring officer designated under
section
5
of
that Act
;
(c)
a statutory chief officer of the council (as defined in
section 2
(6)
of
that Act
)
.
(4)
In the
Greater London Authority Act 1999
, in
section 29
, in the definition of
“Greater London returning officer”, for “the proper officer of the Authority
for the purposes of” substitute “appointed by the Authority as the returning
officer under”.
Rules
40
Timing of proceedings for nominations
(1)
In rule 1 of
Schedule 1
to
RPA 1983
(parliamentary elections: timetable), the
Table is amended as set out in
subsections (2)
to
(4)
.
(2)
For the entry relating to the delivery of nomination papers substitute—
Delivery of
nomination
papers.
In the case of a general election or a by-election, between
9 a.m. and 5 p.m. on any day of the nomination period
except the last day of that period, and between 9 a.m.
and 12 noon on that last day.
For these purposes, “the nomination period” means the
period beginning with the day after the day on which
the notice of election is published and ending with—
(a)
in relation to a general election, the sixth
day after the day on which Parliament is
dissolved;
(b)
in relation to a by-election, the day fixed
by the returning officer as the last day of
that period, which must not be—
(i)
earlier than the third day after the
day on which the notice of election
is published, or
(ii)
later than the seventh day after the
day on which the writ is received.
For the purposes of
paragraph (b)
(ii)
of the definition of
“the nomination period”, the writ is to be taken to have
been received on the day after the date of the warrant
for the writ.
(3)
In the entry relating to the making of objections to nomination papers—
(a)
for “during the hours allowed for delivery of nomination papers on
the last day for their delivery and the hour following” substitute
“between 12 noon and 5 p.m. on the penultimate day for delivery of
nomination papers, and between 9 a.m. and 1 p.m. on the last day for
their delivery”;
(b)
for
paragraph (a)
(but not the “and” at the end) substitute—
(a)
no objection may be made between 12 noon and 1 p.m.
on that last day except to a nomination paper delivered
on that last day;
.
(4)
In the entry relating to the publication of a statement of persons nominated,
in
paragraph (a)
, for “at” substitute “not later than one hour after”.
(5)
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) (local
government elections in Northern Ireland) is amended as set out in
subsections
(6)
and
(7)
.
(6)
In rule 1 (timetable)—
(a)
in paragraph (2) (timetable for proceedings at an election in a local
election year), in the Table, for the entry relating to the delivery of
nomination papers substitute—
Delivery of
nomination
papers.
Between 9 a.m. and 5 p.m. on any day of the
nomination period except the last day of that
period, and between 9 a.m. and 12 noon on that
last day.
For these purposes, “the nomination period” means
the period beginning with the day after the day on
which the notice of election is published and ending
with the 16th day before election day.
;
(b)
in paragraph (3) (timetable for proceedings at an election to fill a casual
vacancy), in the Table, for the entry relating to the delivery of
nomination papers substitute—
Delivery of
nomination
papers.
Between 9 a.m. and 5 p.m. on any day of the
nomination period except the last day of that
period, and between 9 a.m. and 12 noon on that
last day.
For these purposes, “the nomination period” means
the period beginning with the day after the day on
which the notice of election is published and ending
with the 7th day after the day on which that notice
is published.
(7)
In rule 63 (proceedings for election following death of a candidate), in
paragraph (4), in the Table (timetable), for the entry relating to the delivery
of nomination papers substitute—
Delivery of
nomination
papers (pursuant
to paragraph (6)).
Between 9 a.m. and 5 p.m. on any day of the nomination
period except the last day of that period, and between
9 a.m. and 12 noon on that last day.
For these purposes, “the nomination period” means the
period beginning with the day after the day on which
the notice of election is published and ending with the
7th day after the day on which that notice is published.
41
Identification of candidates at parliamentary elections
(1)
RPA 1983
is amended as follows.
(2)
Schedule 1
(parliamentary elections rules) is amended as set out in
subsections
(3)
to
(9)
.
(3)
In rule 6 (nomination of candidates), after paragraph (6) insert—
(7)
The nomination paper must also be accompanied by, or by copies
of, prescribed documents that provide evidence of the candidate’s
identity (and those documents and copies of documents, and any
copies made in accordance with paragraph
(10)
, are together referred
to in this Schedule as “identity evidence”).
(8)
In paragraph
(7)
, “prescribed” includes of a prescribed description.
(9)
Provision in paragraph (1) about delivery of the nomination paper
applies also to the identity evidence.
(10)
Where the identity evidence delivered to the returning officer
consists of or includes an original document, the returning officer
must—
(a)
make a copy of the original document (or arrange for a copy
to be made), and
(b)
return the original document to the person who delivered
it.
(4)
In rule 8 (consent to nomination), in paragraph (2)—
(a)
for “a telegram” substitute “an email”;
(b)
for “consenting to his nomination and purporting” substitute “received
by the returning officer which consents to the person’s nomination
and purports”.
(5)
After rule 8 insert—
Declaration of truth
8A
(1)
A person is not validly nominated unless the person makes a
declaration that—
(a)
the person is aware of the offences in section 65A (offences
relating to false statements in nomination papers etc.), and
(b)
the documents mentioned in paragraph
(2)
do not contain
any statement or information which the person knows to be
false in any particular, or anything which would otherwise
give rise to such an offence,
and such a declaration is referred to in this Schedule as a
“declaration of truth”.
(2)
The documents are the following documents as delivered to the
returning officer—
(a)
the person’s nomination paper;
(b)
the person’s home address form;
(c)
the person’s consent to nomination (see rule 8).
(3)
The declaration of truth must be—
(a)
in the prescribed form,
(b)
signed by the person, and
(c)
delivered at the place and within the time for delivery of
nomination papers,
subject to paragraphs
(4)
and
(5)
.
(4)
Paragraph
(5)
applies if the returning officer is satisfied that, owing
to the absence of a person from the United Kingdom, it has not
been reasonably practicable for the person to make a declaration of
truth that complies with paragraph
(3)
.
(5)
An email (or any similar means of communication) received by the
returning officer which—
(a)
contains a declaration of truth which purports to have been
made by the person, and
(b)
purports to have been sent by the person,
is to be deemed for the purposes of this rule to be a declaration of
truth that complies with paragraph
(3)
made by the person on the
day on which the email (or other means of communication) purports
to have been sent.
(6)
In rule 11 (right to attend nomination), after paragraph (5) insert—
(6)
The returning officer may not permit a candidate’s identity evidence
to be inspected otherwise than for a purpose authorised by law.
(7)
In rule 12 (decisions as to validity of nomination papers)—
(a)
before paragraph (1) insert—
(A1)
Where a nomination paper and the documents mentioned
in paragraph (A2) are delivered, and a deposit is made, in
accordance with these rules, the candidate is deemed to stand
nominated unless and until one of the events mentioned in
paragraph (1) occurs.
(A2)
The documents are—
(a)
the home address form;
(b)
the identity evidence;
(c)
the candidate’s consent to nomination (see rule 8);
(d)
the declaration of truth.
;
(b)
in paragraph (1)—
(i)
for the words before
sub-paragraph (a)
substitute “The events
are as follows—”;
(ii)
after
paragraph (aa)
insert—
(ab)
the returning officer decides that there is a
discrepancy between the candidate’s full names
as stated on the nomination paper and the
candidate’s name as stated in the identity
evidence that cannot be resolved to the returning
officer’s satisfaction (including, where
appropriate, by production of further proof of
the candidate’s identity); or
(ac)
the returning officer decides that there is another
reason (arising from a document delivered to
the returning officer by or on behalf of the
candidate) to doubt that the candidate is who
they claim to be; or
.
(8)
In the italic heading before rule 53A (destruction of home address forms), at
the end insert “and identity evidence”.
(9)
In rule 53A—
(a)
the existing text becomes paragraph (1);
(b)
in
that paragraph
, in the words before
sub-paragraph (a)
, for “each
candidate’s home address form” substitute “the documents mentioned
in paragraph (2)”;
(c)
after
that paragraph
insert—
(2)
The documents are—
(a)
each candidate’s home address form, and
(b)
each candidate’s identity evidence (except for any
original documents).
(10)
In
section 201
(regulations), in
subsection (2AA)
(c)
(inserted by
paragraph
9
(2)
of
Schedule 5
to this Act), after “8(1)(a) and (2),” insert “
8A
(3)
(a)
,”.
42
Identification of candidates at local elections in Northern Ireland
(1)
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) (local
elections rules) is amended as follows.
(2)
In rule 5 (nomination of candidates)—
(a)
in paragraph (9), in the words before paragraph (a), for “In this rule”
substitute “In paragraph (7)”;
(b)
after paragraph (9) insert—
(10)
The nomination paper must be accompanied by, or by copies
of, specified documents that provide evidence of the
candidate’s identity (and those documents and copies of
documents, and any copies made in accordance with
paragraph
(13)
, are together referred to in this Schedule as
“identity evidence”).
(11)
In paragraph
(10)
“specified” means specified, or of a
description specified, by Order in Council under
section
84
(1)
of the
Northern Ireland Act 1998
.
(12)
The provisions in paragraph (1) about delivery of the
nomination paper also apply to delivery of the identity
evidence.
(13)
Where the identity evidence delivered to the returning officer
consists of or includes an original document, the returning
officer must—
(a)
make a copy of the original document (or arrange
for a copy to be made), and
(b)
return the original document to the person who
delivered it.
(3)
After rule 7 insert—
Declaration of truth
7A
(1)
A person is not validly nominated unless the person makes a
declaration that—
(a)
the person is aware of the offences in paragraph 5A of
Schedule 9 (offences relating to false statements in
nomination papers, etc.), and
(b)
the documents mentioned in paragraph
(2)
do not contain
any statement or information which the person knows to be
false in any particular, or anything which would otherwise
give rise to such an offence,
and such a declaration is referred to in this Schedule as a
“declaration of truth”.
(2)
The documents are the following documents as delivered to the
returning officer—
(a)
the person’s nomination paper;
(b)
the person’s home address form;
(c)
the person’s consent to nomination (see rule 7).
(3)
The declaration of truth must be—
(a)
in the prescribed form,
(b)
signed by the person, and
(c)
delivered at the place and within the time for the delivery
of nomination papers.
(4)
In rule 9 (right to attend nomination), after paragraph (6) insert—
(7)
The returning officer may not permit a candidate’s identity evidence
to be inspected otherwise than for a purpose authorised by law.
(5)
In rule 10 (decisions as to validity of nomination papers)—
(a)
before paragraph (1) insert—
(A1)
Where a nomination paper and the documents mentioned
in paragraph (A2) are delivered in accordance with these
rules, the candidate is deemed to stand nominated unless
and until one of the events mentioned in paragraph (1)
occurs.
(A2)
The documents are—
(a)
the home address form;
(b)
the identity evidence;
(c)
the candidate’s consent to nomination (see rule 7);
(d)
the declaration of truth.
;
(b)
in paragraph (1)—
(i)
for the words before
sub-paragraph (a)
substitute “The events
are as follows—”;
(ii)
after sub-paragraph (aa) insert—
(ab)
the returning officer decides that there is a
discrepancy between the candidate’s full names
as stated on the nomination paper and the
candidate’s name as stated in the identity
evidence that cannot be resolved to the returning
officer’s satisfaction (including, where
appropriate, by production of further proof of
the candidate’s identity); or
(ac)
the returning officer decides that there is another
reason (arising from a document delivered to
the returning officer by or on behalf of the
candidate) to doubt that the candidate is who
they claim to be; or
.
(6)
In the italic heading before rule 56A (destruction of home address forms and
date of birth lists), after “forms” insert “, identity evidence”.
(7)
In rule 56A, in paragraph (1A), after sub-paragraph (a) insert—
(aa)
each candidate’s identity evidence (except for any original
documents);
.
43
Withdrawal of certificates authorising candidate descriptions
(1)
Schedule 1
to
RPA 1983
(parliamentary elections rules) is amended as set out
in
subsections (2)
to
(4)
.
(2)
In rule 1 (timetable), in the Table, in the entry relating to delivery of notices
of withdrawals of candidature, for “withdrawals of candidature” substitute
“withdrawal by candidates”.
(3)
In rule 6A (nomination papersname of registered political party)—
(a)
in paragraph (1)(a), after “party” insert “(and not withdrawn)”;
(b)
in paragraph (1B)—
(i)
in the words before
sub-paragraph (a)
, for “a certificate”
substitute “certificates”;
(ii)
in
sub-paragraph (a)
, after “parties” insert “(and not
withdrawn)”;
(c)
after paragraph (1C) insert—
(1D)
A certificate that meets the requirements in paragraph (1)
or (1B) may be withdrawn only by written notice to the
returning officer.
(1E)
A notice under paragraph
(1D)
must be—
(a)
given by or on behalf of the registered nominating
officer of the party in relation to which the certificate
was issued, and
(b)
received by the returning officer not later than 48
hours before the end of the period for delivery of
nomination papers set out in the Table in rule 1.
(1F)
As soon as practicable after receiving a notice under
paragraph
(1D)
, the returning officer must inform the
following persons that the certificate has been withdrawn—
(a)
the candidate;
(b)
where the certificate authorises a description of the
candidate as mentioned in paragraph (1B), each
registered nominating officer by or on behalf of
whom another certificate authorising the same
description was issued.
;
(d)
for paragraph (4) substitute—
(4)
Rule 2 applies in computing the periods of time mentioned
in paragraphs (1E)(b) and (3)(a) as it applies in computing
any period of time for the purposes of the Timetable.
(4)
In rule 12 (decisions as to validity of nomination papers)—
(a)
in paragraph (3), for “paragraph (3A)” substitute “paragraphs
(3ZA)
and (3A)”;
(b)
after paragraph (3) insert—
(3ZA)
If in the returning officer’s opinion a nomination paper
breaks rule 6A(1) or (1B) because a certificate issued under
the provision in question has been withdrawn by notice
under rule 6A
(1D)
(or for that reason and another reason),
the returning officer must give a decision to that effect as
soon as practicable after receiving the notice.
;
(c)
in paragraph (3A), in the words before
sub-paragraph (a)
, after “(1B)”
insert “otherwise than as mentioned in paragraph
(3ZA)
”.
(5)
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) (local
elections rules) is amended as set out in
subsections (6)
to
(10)
.
(6)
In rule 1 (timetable)—
(a)
in paragraph (2) (timetable for proceedings at an election in a local
election year), in the Table, in the entry relating to delivery of notices
of withdrawal of candidature, for “of candidature” substitute “by
candidates”;
(b)
in paragraph (3) (timetable for proceedings at an election to fill a casual
vacancy), in the Table, in the entry relating to delivery of notices of
withdrawal of candidature, for “of candidature” substitute “by
candidates”.
(7)
In rule 5A (nomination papersname of registered political party)—
(a)
in paragraph (1)(a), after “party” insert “(and not withdrawn)”;
(b)
in paragraph (1B)—
(i)
in the words before
sub-paragraph (a)
, for “a certificate”
substitute “certificates”;
(ii)
in
sub-paragraph (a)
, after “parties” insert “(and not
withdrawn)”;
(c)
after paragraph (1C) insert—
(1D)
A certificate that meets the requirements in paragraph (1)
or (1B) may be withdrawn only by written notice to the
returning officer.
(1E)
A notice under paragraph
(1D)
must be—
(a)
given by or on behalf of the registered nominating
officer of the party in relation to which the certificate
was issued, and
(b)
received by the returning officer not later than 48
hours before the last time for the delivery of
nomination papers.
(1F)
Rule 2 applies in computing a period of time for the purpose
of paragraph
(1E)
(b)
as it applies in computing a period of
time for the purpose of the appropriate Timetable.
(1G)
As soon as practicable after receiving a notice under
paragraph
(1D)
, the returning officer must inform the
following persons that the certificate has been withdrawn—
(a)
the candidate;
(b)
where the certificate authorises a description of the
candidate as mentioned in paragraph (1B), each
registered nominating officer by or on behalf of
whom another certificate authorising the same
description was issued.
(8)
In rule 10 (decisions as to validity of nomination papers)—
(a)
in paragraph (3), for “paragraph (3A)” substitute “paragraphs
(3ZA)
and (3A)”;
(b)
after paragraph (3) insert—
(3ZA)
If in the returning officer’s opinion a nomination paper
breaks rule 5A(1) or (1B) because a certificate issued under
the provision in question has been withdrawn by notice
under rule 5A
(1D)
(or for that reason and another reason),
the returning officer must give a decision to that effect as
soon as practicable after receiving the notice.
;
(c)
in paragraph (3A), in the words before
sub-paragraph (a)
, after “(1B)”
insert “otherwise than as mentioned in paragraph
(3ZA)
”.
(9)
In rule 62 (proceedings where deceased independent candidate’s votes are
equal to or exceed quota), in paragraph (4), in the Table, in the entry relating
to delivery of notices of withdrawal of candidature, for “of candidature”
substitute “by candidates”.
(10)
In rule 63 (proceedings for election following death of a party candidate), in
paragraph (4), in the Table, in the entry relating to delivery of notices of
withdrawal of candidature, for “of candidature” substitute “by candidates”.
44
Subscription of nomination paper
(1)
In
Schedule 1
to
RPA 1983
(parliamentary elections rules), in rule 7
(subscription of nomination paper)—
(a)
in paragraph (5)—
(i)
at the beginning insert “Except as mentioned in paragraph
(5A),”;
(ii)
omit from “, but” to the end;
(b)
after paragraph (5) insert—
(5A)
A person is not prevented from subscribing a nomination
paper (“the new nomination paper”) by reason only that the
person has previously subscribed the nomination paper (“the
original nomination paper”) of a candidate who, before
delivery of the new nomination paper—
(a)
has died,
(b)
has withdrawn, or
(c)
has ceased to be deemed to stand nominated by
reason only of a decision by the returning officer
under rule 12(1)(a) that the original nomination paper
breaks rule 6A(1) or (1B) (and so is invalid).
(2)
In
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(local elections rules), in rule 6 (subscription of nomination paper)—
(a)
in paragraph (5)—
(i)
at the beginning insert “Except as mentioned in paragraph
(5A),”;
(ii)
omit from “; but” to the end;
(b)
after paragraph (5) insert—
(5A)
A person is not prevented from subscribing a nomination
paper (“the new nomination paper”) by reason only that the
person has previously subscribed the nomination paper (“the
original nomination paper”) of a candidate who, before
delivery of the new nomination paper—
(a)
has died,
(b)
has withdrawn, or
(c)
has ceased to be deemed to stand nominated by
reason only of a decision by the returning officer
under rule 10(1)(a) that the original nomination paper
breaks rule 5A(1) or (1B) (and so is invalid).
45
Police contact form
(1)
Schedule 1
to
RPA 1983
(parliamentary elections rules) is amended as follows.
(2)
After rule 7 insert—
Police contact formGreat Britain
7A
(1)
In relation to an election in a constituency in England, Wales or
Scotland, a nomination paper may be accompanied by a document
(a “police contact form”) which includes—
(a)
the candidate’s full names,
(b)
where the nomination paper states commonly used names
in accordance with rule 6(2A), those names,
(c)
a statement that the candidate wishes to be contacted by the
police in connection with matters relating to the candidate’s
safety, and
(d)
one or more of the following that may be used to contact
the candidate—
(i)
a postal address;
(ii)
an email address;
(iii)
a telephone number.
(2)
Provision in rule 6(1) about delivery of the nomination paper applies
also to a police contact form.
(3)
Paragraph
(4)
applies where—
(a)
a police contact form is delivered in accordance with this
rule (and not withdrawn), and
(b)
the candidate is shown in the statement of persons nominated
as a person standing nominated.
(4)
The returning officer must give a copy of the police contact form
to the relevant chief officer of police (or, if there is more than one,
to each such officer) as soon as practicable after publication of the
statement of persons nominated.
(5)
For the purposes of paragraph
(4)
, the duty to give a copy of a
police contact form to a chief officer of police is satisfied if the copy
is given to a person nominated by the officer to receive police contact
forms on the officer’s behalf.
(6)
In this rule, “relevant chief officer of police” means—
(a)
in relation to a constituency in England or Wales, the chief
officer of police in relation to the police force maintained for
a police area in which the constituency, or a part of it, is
situated;
(b)
in relation to a constituency in Scotland, the chief constable
of the Police Service of Scotland.
(3)
In rule 11 (right to attend nomination), in paragraph (6) (inserted by
section
41
(6)
of this Act), after “identity evidence” insert “or a police contact form”.
46
Calling out and completed corresponding number lists etc
(1)
In rule 34 of
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c.
14 (N.I.)) (local elections rules: voting procedure and voter identification
requirements)—
(a)
in paragraph (1) omit
sub-paragraph (b)
(calling out);
(b)
in paragraph (1A) (inserted by
paragraph 1
(3)
of
Schedule 4
to the
Northern Ireland (Miscellaneous Provisions) Act 2006
) omit
sub-paragraph (a).
(2)
Schedule 1
to
RPA 1983
(parliamentary elections rules) is amended as set out
in
subsections (3)
and
(4)
.
(3)
In rule 37 (voting procedure and voter identification requirements), as it
extends to Northern Ireland—
(a)
in paragraph (1) omit
sub-paragraph (b)
(calling out);
(b)
in paragraph (1ZA) omit
sub-paragraph (a)
.
(4)
In rule 43 (procedure on close of poll)—
(a)
in paragraph (1)(da) (completed corresponding number lists), for “rule
19A, including the parts” substitute “rule 29(3)(e)”;
(b)
in paragraph (4) (application to Northern Ireland)—
(i)
omit the “and” at the end of
sub-paragraph (a)
;
(ii)
after
sub-paragraph (a)
insert—
(aa)
the reference in paragraph (1)(da) to rule 37(1)(b)
and (d) were a reference to rule 37(1)(c) (as that
rule extends to Northern Ireland), and
.
(5)
In
section 44
of the
Electoral Administration Act 2006
(access to certain election
documents: supplementary)—
(a)
in
subsection (11)
(completed corresponding number lists), for “rule
19A” substitute “rule 29(3)(e)”;
(b)
after
subsection (11)
insert—
(11A)
This section applies in relation to Northern Ireland as if—
(a)
the reference in subsection (8) to rule 37(1)(c) of the
parliamentary elections rules were a reference to rule
37(1)(d) of those rules (as that rule extends to Northern
Ireland), and
(b)
the reference in subsection (11) to rule 37(1)(b) and (d)
of those rules were a reference to rule 37(1)(c) of those
rules (as that rule extends to Northern Ireland).
(6)
The amendments made by
subsections (4)
(a)
and
(5)
are to be treated as
always having had effect.
47
Voter identification requirements
(1)
Rule 37 of
Schedule 1
to
RPA 1983
(parliamentary elections: voting procedure
and voter identification requirements), as it extends to England and Wales
and to Scotland, is amended as follows.
(2)
In paragraph (1H)—
(a)
in the words before
sub-paragraph (a)
—
(i)
after “paragraph (1K))” insert “and subject to paragraphs
(1HA)
to
(1HC)
”;
(ii)
omit “(in whatever form issued to the holder) that contain a
photograph of the holder”;
(b)
at the end insert—
(m)
a payment card (see paragraph
(1JA)
) or a cash
withdrawal card which—
(i)
is issued to the holder by a person who, at the
time the card is issued, is a relevant
UK-authorised person (see paragraph
(1JA)
),
(ii)
shows the holder’s first name or first initial and
the holder’s surname, and
(iii)
shows when the card expires (see also paragraph
(1NA)
).
(3)
After paragraph (1H) insert—
(1HA)
A document referred to in paragraph (1H)(a) to (l) is a specified
document only if it contains a photograph of the holder.
(1HB)
A document referred to in paragraph (1H) is a specified document
in whatever form it is issued to the holder, except that a document
mentioned in paragraph (1H)
(m)
is a specified document only if it
is issued to the holder, and produced, in physical form.
(1HC)
A document referred to in paragraph (1H) that is issued to the
holder, and produced, in digital form is a specified document only
if a person can form a reasonable view about whether it is a
specified document by means of visual inspection alone.
(4)
After paragraph (1J) insert—
(1JA)
In paragraph (1H)
(m)
—
payment card
includes a credit card, a charge card, a debit
card and a prepaid card;
relevant UK-authorised person
means—
(a)
a person who has a Part 4A permission (as defined
in
section 55A
(5)
of the
Financial Services and
Markets Act 2000
) to carry on the regulated activity
of accepting deposits (see
section 22
of
that Act
, taken
with
Schedule 2
to
that Act
, and any order under
that section
);
(b)
a person who is authorised or regulated under the
Electronic Money Regulations 2011
(S.I. 2011/99) or
the
Payment Services Regulations 2017
(S.I.
2017/752).
(5)
In paragraph (1M), for “paragraph (1N)” substitute “paragraphs (1N) and
(1NA)
”.
(6)
After paragraph (1N) insert—
(1NA)
In relation to a card referred to in paragraph (1H)(m)—
(a)
paragraph (1M) does not apply, and
(b)
the card is a specified document only if it has not expired.
(7)
In paragraph (1Q)—
(a)
in the words before
sub-paragraph (a)
, for “paragraph (1H), (1I) or
(1J)” substitute “this rule”;
(b)
in
sub-paragraph (a)
, for “any of those paragraphs” substitute
“paragraph (1H)”;
(c)
in
sub-paragraph (b)
, for “any of those paragraphs” substitute “that
paragraph”;
(d)
in
sub-paragraph (c)
, for “any of those paragraphs” substitute “that
paragraph”;
(e)
after
sub-paragraph (c)
insert—
including by varying or repealing paragraph (1I), (1J) or
(1JA)
or
adding, varying or repealing other paragraphs containing definitions.
(8)
After paragraph (1Q) insert—
(1QA)
Regulations may vary this rule by making provision about—
(a)
whether a document must contain a photograph of the holder
in order to be a specified document,
(b)
whether a document that is not required to contain a
photograph of the holder in order to be a specified document
must not have expired in order to be such a document,
(c)
whether a document must be issued to the holder, or
produced, in a particular form in order to be a specified
document, and
(d)
the means by which a person must be able to form a
reasonable view about whether a document is a specified
document,
including provision varying paragraph
(1HA)
,
(1HB)
or
(1HC)
, varying or repealing paragraph
(1NA)
or adding, varying or
repealing other paragraphs.
(9)
In paragraph (1R)—
(a)
for “provision by virtue of paragraph (1Q)(b)” substitute “the following
provision”;
(b)
at the end insert
—
(a)
provision described in paragraph (1Q)(b);
(b)
provision described in paragraph
(1QA)
(a)
or
(c)
the
effect of which is that a document referred to in
paragraph (1H) ceases to be a specified document.
Absent voting
48
Absent voting
In
Schedule 3
—
(a)
Part 1
makes provision about voting by post or by proxy in Great
Britain;
(b)
Part 2
makes provision about voting by post or by proxy in Northern
Ireland;
(c)
Part 3
makes other provision relating to voting by post or by proxy,
including provision about offences of providing false information.
Information to help people understand elections etc
49
Power to obtain election-related information etc
(1)
The Secretary of State may by regulations require an officer specified in
section
50
to provide the Secretary of State or the Electoral Commission with
information about an election, referendum or recall petition process specified
in
section 51
.
(2)
Regulations under
this section
may only require the provision of information
that the Secretary of State or the Electoral Commission reasonably requires
for the purpose of helping people to understand the election, referendum or
recall petition process, including information about—
(a)
who is entitled to vote in the election or referendum or to sign the
recall petition;
(b)
how, when and where to vote or to sign the recall petition;
(c)
the question to be decided, including the candidates at the election or
the member of the House of Commons who is subject to the recall
petition;
(d)
the conduct of the election, referendum or recall petition process,
including the timetable;
(e)
the support available for people with disabilities;
(f)
the result of the election, referendum or recall petition process.
(3)
Regulations under
this section
may not require the provision of information
about individuals, other than information about candidates in elections or
about members of the House of Commons who are subject to a recall petition.
(4)
Regulations under
this section
may, among other things—
(a)
make provision about the form and manner in which information
must be provided;
(b)
make provision about when information must be provided;
(c)
make different provision for different purposes or different areas.
(5)
Regulations under
this section
are to be made by statutory instrument.
(6)
A statutory instrument containing regulations under
this section
is subject to
annulment in pursuance of a resolution of either House of Parliament.
(7)
In
this section
and
sections 50
and
51
—
recall petition
has the same meaning as in the
Recall of MPs Act 2015
(see section 1(2) of that Act);
recall petition process
means the process for dealing with a recall
petition.
50
Specified officers
(1)
The following officers are specified for the purposes of
section 49
in relation
to information about an election—
(a)
a returning officer for the election;
(b)
an electoral registration officer maintaining a register under
section 9
of
RPA 1983
that is used to determine entitlement to vote in the
election.
(2)
The following officers are specified for the purposes of
section 49
in relation
to information about a referendum—
(a)
a counting officer for the referendum;
(b)
an electoral registration officer maintaining a register under
section 9
of
RPA 1983
that is used to determine entitlement to vote in the
referendum.
(3)
The following officers are specified for the purposes of
section 49
in relation
to information about a recall petition process—
(a)
a petition officer for the recall petition process;
(b)
an electoral registration officer maintaining a register under
section 9
of
RPA 1983
that is used to determine who is entitled to sign the recall
petition.
(4)
In
this section
, references to a returning officer, a counting officer or a petition
officer—
(a)
are references to an officer who, under an enactment, holds an office
with that title or an officer with a title which includes those words
and other words, and
(b)
include a person who, under an enactment or by virtue of an
appointment made under an enactment, carries out some or all of the
functions of such an officer.
(5)
In
this section
,
enactment
includes an enactment comprised in subordinate
legislation (as defined in
section 21
of the
Interpretation Act 1978
).
51
Specified elections etc
(1)
The following elections are specified for the purposes of
section 49
—
(a)
a parliamentary election for a constituency in England, Wales or
Scotland;
(b)
a local government election within the meaning of
section 203
of
RPA
1983
for an area in England;
(c)
an election under
Part 1A
of the
Local Government Act 2000
(local
authority governance: England) for the return of an elected mayor;
(d)
an election for the return of a mayor for the area of a combined
authority established under
section 103
of the
Local Democracy,
Economic Development and Construction Act 2009
;
(e)
an election for the return of a mayor for the area of a combined county
authority established under
section 9
(1)
of the
Levelling-up and
Regeneration Act 2023
;
(f)
an election of a police and crime commissioner.
(2)
A referendum under or by virtue of the following provisions is specified for
the purposes of
section 49
—
(a)
Chapter 4
of
Part 1A
of the
Local Government Act 2000
(local authority
governance: England);
(b)
section 52ZG
or
52ZN
of the
Local Government Finance Act 1992
(referendums in relation to council tax);
(c)
Schedule 4B
or
4C
to the
Town and Country Planning Act 1990
(referendums on neighbourhood development plans).
(3)
A recall petition process relating to a member of the House of Commons for
a constituency in England, Wales or Scotland is specified for the purposes of
section 49
.
Other provision about the conduct of elections etc
52
Effect of the death of the Sovereign on certain elections and referendums
Schedule 4
makes provision about the effect of the death of the Sovereign on
certain elections and referendums.
53
Form of documents for elections and referendums
(1)
The following are repealed—
(a)
the Appendix of Forms in
Schedule 5
to the
Electoral Law Act
(Northern Ireland) 1962
(c. 14 (N.I.)) (local elections rules);
(b)
section 126
of, and
Schedule 10
to,
that Act
(forms);
(c)
the Appendix of Forms in
Schedule 1
to
RPA 1983
(parliamentary
elections rules).
(2)
Schedule 5
—
(a)
makes provision for the form of the documents in the Appendices and
Schedule repealed by
subsection (1)
to be set out instead in subordinate
legislation;
(b)
confers powers to specify the form of other documents for elections
in subordinate legislation;
(c)
makes provision requiring consultation with the Electoral Commission
about subordinate legislation setting out the form of documents for
elections and referendums;
(d)
makes provision about scrutiny by Parliament of such subordinate
legislation;
(e)
makes provision enabling regulations and rules under certain Acts
which are normally subject to annulment in pursuance of a resolution
of either House of Parliament to be made instead in an instrument
which must be laid before and approved by a resolution of each House.
Part 4
Campaigns and political expenditure
The election agent
54
Removal of requirement to publish election agents’ addresses
(1)
RPA 1983
is amended as set out in
subsections (2)
and
(3)
.
(2)
In
section 67
(appointment of election agent)—
(a)
in
subsection (6)
—
(i)
omit “, unless subsection (6ZA) applies”;
(ii)
at the end insert “(but see
subsections (6ZC)
,
(6ZD)
and (6A))”;
(b)
omit
subsections (6ZA)
and
(6ZB)
;
(c)
before
subsection (6A)
insert—
(6ZC)
Subsection (6ZD)
applies where a declaration under subsection
(1) or (4) in relation to an election agent of a candidate at a
parliamentary election or at a local government election in
England or Scotland is accompanied by—
(a)
an address (a “correspondence address”) in the United
Kingdom that may be used for correspondence with
the election agent, and
(b)
a request that a public notice under subsection (6) in
relation to the declaration includes the correspondence
address instead of the address stated in the declaration.
(6ZD)
In such a case—
(a)
the address stated in the declaration must not be
included in the public notice, and
(b)
the correspondence address must be included in the
public notice.
(3)
In
section 68
(nomination of sub-agent at parliamentary or Authority
elections)—
(a)
in
subsection (3)
—
(i)
omit “, unless subsection (3A) applies”;
(ii)
at the end insert “(but see
subsections (6)
and
(7)
)”;
(b)
omit
subsections (3A)
and
(3B)
;
(c)
in
subsection (4)
, in the words after
paragraph (b)
, at the end insert
“(but see
subsections (6)
and
(7)
)”;
(d)
after
subsection (5)
insert—
(6)
Subsection (7)
applies where a declaration under subsection
(3) or (4) is accompanied by—
(a)
an address (a “correspondence address”) in the United
Kingdom that may be used for correspondence with
the sub-agent, and
(b)
a request that a public notice under subsection (3) or
(4) in relation to the declaration includes the
correspondence address instead of the address stated
in the declaration.
(7)
In such a case—
(a)
the address stated in the declaration must not be
included in the public notice, and
(b)
the correspondence address must be included in the
public notice.
(4)
In
section 34
of the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(appointment of election agent)—
(a)
in
subsection (5)
, at the end insert “(but see
subsections (6)
and
(7)
)”;
(b)
after
subsection (5)
insert—
(6)
Subsection (7)
applies where a declaration under subsection (1)
or (4) is accompanied by—
(a)
an address (a “correspondence address”) in the United
Kingdom that may be used for correspondence with the
election agent, and
(b)
a request that a public notice under subsection (5) in relation
to the declaration includes the correspondence address instead
of the address stated in the declaration.
(7)
In such a case—
(a)
the address stated in the declaration must not be included in
the public notice, and
(b)
the correspondence address must be included in the public
notice.
Campaign expenses and returns
55
Leave to pay late and disputed expenses claims
Schedule 6
makes provision for the Electoral Commission, rather than the
courts, to grant leave to pay late and disputed claims in respect of certain
expenses and corrects a related typographical error.
56
Delivery and inspection of returns and declarations
(1)
Schedule 7
makes provision for, and in connection with, the delivery to the
Electoral Commission of certain returns, declarations and associated documents
required to be delivered under the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)),
RPA 1983
and the
Recall of MPs Act 2015
.
(2)
In
section 51
of the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(summary of returns and notification of time and place for inspection of
returns and declarations), for the words from “two” to “held,” substitute “such
manner as the returning officer considers appropriate”.
(3)
In
section 88
of
RPA 1983
(notification of time and place for inspection of
returns and declarations), in
paragraph (a)
, for the words from “not” to “held”
substitute “such manner as the returning officer considers appropriate”.
57
Recall campaign donationstransfer of powers to prescribe content of returns
(1)
Schedule 5
to the
Recall of MPs Act 2015
(recall petition returns) is amended
as set out in
subsections (2)
and
(3)
.
(2)
In
paragraph 3
(contents of return relating to accepted donations)—
(a)
in
sub-paragraph (1)
(a)
(iv)
(power to prescribe additional content), for
“Minister” substitute “Electoral Commission”;
(b)
omit
sub-paragraph (3)
(duty of Minister to consult Commission on
regulations);
(c)
omit
sub-paragraph (4)
(regulations subject to negative procedure).
(3)
In
paragraph 4
(contents of return relating to rejected donations)—
(a)
in
sub-paragraphs (2)
(f)
and
(3)
(f)
(power to prescribe additional
content), for “Minister” substitute “Electoral Commission”;
(b)
omit
sub-paragraph (4)
(duty of Minister to consult Commission on
regulations);
(c)
omit
sub-paragraph (5)
(regulations subject to negative procedure).
(4)
In
section 21
(2)
of the
Recall of MPs Act 2015
(certain regulations not to be
made by statutory instrument)—
(a)
after “1(4)” insert “, 3(1)(a)(iv), 4(2)(f) or 4(3)(f)”;
(b)
after “form” insert “or content”.
Control of political donations
58
Risk assessments for donations to registered parties etc
(1)
Part 4
of
PPERA 2000
(control of donations to registered parties and their
members etc) is amended as set out in
subsections (2)
to
(9)
.
(2)
In
section 54
(permissible donors), after
subsection (1)
insert—
(1A)
A donation of an amount exceeding £11,180 received by a registered
party must not be accepted by the party unless, before the end of the
period of 30 days beginning with the date when the donation is
received by the party, the party has undertaken a risk assessment in
relation to the donation (see section 54C).
(1B)
For the purposes of
subsection (1A)
, a donation from a person is to
be treated as a donation of an amount exceeding £11,180 if—
(a)
the party has not previously undertaken a risk assessment in
relation to a relevant benefit accruing to the party in the same
calendar year, and
(b)
when the value of the donation is added to any other relevant
benefit or benefits accruing to the party in the same calendar
year, the aggregate amount of the benefits is more than £11,180.
(1C)
For the purposes of subsection (1A), a donation from a person is also
to be treated as a donation of an amount exceeding £11,180 if—
(a)
the party has previously undertaken a risk assessment in
relation to a relevant benefit accruing to the party in the same
calendar year (the “previous risk-assessed benefit”), and
(b)
when the value of the donation is added to any other relevant
benefit or benefits accruing to the party in that calendar year
after the previous risk-assessed benefit accrued to the party
(or, if there has been more than one, the last such benefit), the
aggregate amount of the benefits is more than £11,180.
(1D)
In subsections (1B) and (1C), “relevant benefit”, in relation to a person,
means—
(a)
a donation accepted by the party from that person as a donor,
or
(b)
a relevant transaction (within the meaning of Part 4A) entered
into by the party and that person as a participant,
and a relevant benefit accrues when it is accepted (if it is a donation)
or entered into (if it is a transaction).
(3)
After
section 54B
insert—
54C
Risk assessments in relation to donations
(1)
A risk assessment under section 54
(1A)
is an assessment by the
registered party of the risk that the donation would be made by a
person other than a permissible donor.
(2)
In carrying out a risk assessment, the party must take into account
the following risk factors—
(a)
the type of person from whom the donation is received,
(b)
that person’s previous donation history,
(c)
the type of donation,
(d)
the amount of the donation, and
(e)
any other risk factors the party considers to be relevant.
(3)
The Secretary of State may by regulations amend the risk factors set
out in subsection
(2)
.
(4)
The Secretary of State may make such regulations either—
(a)
where the regulations give effect to a recommendation of the
Commission, or
(b)
after consultation with the Commission.
(5)
In carrying out a risk assessment, the party must have regard to
guidance in force under section 54D.
(6)
The party must retain for at least six years—
(a)
a record of each risk assessment that it undertakes, and
(b)
the information it used to undertake each assessment.
54D
Guidance on risk assessments
(1)
The Commission must prepare guidance on how to undertake a risk
assessment under this Act.
(2)
The guidance must include guidance on—
(a)
how a person undertaking a risk assessment should take the
risk factors into account,
(b)
the circumstances that might lead to a certain type or level of
risk,
(c)
how the risk might be reduced,
(d)
who should prepare the risk assessment and the procedures
to be followed, and
(e)
the kinds of checks that may be carried out for the purposes
of the risk assessment.
(3)
The Commission—
(a)
may prepare revised guidance under this section;
(b)
must prepare revised guidance if directed to do so by the
Secretary of State.
(4)
The Commission must consult—
(a)
registered parties, and
(b)
such other persons as the Commission consider appropriate,
on a draft of the guidance.
(5)
After the Commission have carried out the consultation required by
subsection
(4)
, they must—
(a)
make whatever modifications to the draft guidance they
consider necessary in the light of responses to the consultation,
and
(b)
submit the draft to the Secretary of State for approval.
(6)
The Secretary of State must, before approving the draft guidance—
(a)
consult the Scottish Ministers in relation to any aspects of the
guidance which relate to matters which would be within the
legislative competence of the Scottish Parliament if they were
contained in an Act of that Parliament;
(b)
consult the Welsh Ministers in relation to any aspects of the
guidance which relate to matters which would be within the
legislative competence of Senedd Cymru if they were contained
in an Act of the Senedd.
(7)
The Secretary of State may approve the draft guidance either without
modifications or with such modifications as the Secretary of State may
determine.
(8)
Once the Secretary of State has approved the draft guidance, the
Secretary of State must lay before each House of Parliament—
(a)
a copy of the draft guidance (in its approved form), and
(b)
if the Secretary of State made modifications to the guidance, a
statement of the reasons for making them.
(9)
If, before the end of the 40-day period, either House resolves not to
approve the draft, the Secretary of State must take no further steps in
relation to the draft guidance.
(10)
Subsection (9)
does not prevent new draft guidance from being laid
before Parliament.
(11)
If no resolution of the kind mentioned in
subsection (9)
is made before
the end of the 40-day period—
(a)
the Secretary of State must issue the guidance in the form of
the draft laid before Parliament,
(b)
the Commission must arrange for the guidance to be published,
and
(c)
the guidance comes into force on the day appointed by
regulations made by the Secretary of State.
(12)
In this section, “the 40-day period”, in relation to draft guidance,
means—
(a)
if the draft is laid before one House on a day later than the
day on which it is laid before the other House, the period of
40 days beginning with the later of the two days, and
(b)
in any other case, the period of 40 days beginning with the
day on which the draft is laid before each House,
no account being taken of any period during which Parliament is
dissolved or prorogued or during which both Houses are adjourned
for more than four days.
(13)
In
subsections (4)
to
(12)
, references to guidance or to draft guidance
include revised guidance or draft revised guidance.
(14)
Where the Commission revise guidance under this section without
changing the substance of the guidance—
(a)
subsections (4)
to
(12)
do not apply in connection with the
revised guidance,
(b)
the Commission must issue the revised guidance and arrange
for it to be published in such manner as the Commission
consider appropriate, and
(c)
the revised guidance comes into force on the day specified by
the Commission in the revised guidance.
(4)
In
section 56
(acceptance or return of donations: general)—
(a)
in
subsection (2)
, in the words before
paragraph (a)
, after “54(1)” insert
“or (1A)”;
(b)
in
subsection (3A)
, in the words before
paragraph (a)
, after “(3)” insert
“on the grounds of a breach of section 54(1)(a)”.
(5)
In
section 58
(forfeiture of donations made by impermissible or unidentifiable
donors)—
(a)
in the heading, at the end insert “etc”;
(b)
in
subsection (1)
(a)
, after “(b)” insert “or (1A)”.
(6)
In
section 62
(quarterly donation reports), in
subsection (9)
, after “(b)” insert
“or (1A)”.
(7)
In
section 66
(declaration by treasurer in donation report)—
(a)
in
subsection (2)
, before
paragraph (a)
insert—
(za)
the party has undertaken a risk assessment in relation
to every donation accepted by the party during the
reporting period for which such an assessment is
required by section 54
(1A)
,
;
(b)
in
subsection (4)
, for the words from “, no donations” to the end
substitute
—
(a)
the party has undertaken a risk assessment in relation
to every donation accepted by the party, or (if section
63(3)(b) applies) by its central organisation, during the
reporting period for which such an assessment is
required by section 54
(1A)
, and
(b)
no donations have been received by the party, or (if
section 63(3)(b) applies) by its central organisation,
during the reporting period which—
(i)
are required to be recorded in the report, but
(ii)
are not so recorded.
(8)
In section 69 (register of recordable donations), in subsection (2)(b), for “or
7(a) or (c)” substitute “, 7(a) or (c) or 7A(a) or (c)”.
(9)
In
Schedule 6
(details to be given in donation reports), after
paragraph 7
insert—
Donations where risk assessment not undertaken
7A
In relation to each recordable donation which a party is prohibited
from accepting by virtue of section 54
(1A)
(risk assessment), a
quarterly report must give—
(a)
the name and address of the donor or the person appearing
to be the donor or, if the party is unable to ascertain the
identity of that person, details of the manner in which the
donation was made;
(b)
if applicable, details of any element of deception or
concealment employed by the donor of which the registered
party or any accounting unit of the party became aware and
the means by which it was revealed; and
(c)
the date when, and the manner in which, the donation was
dealt with in accordance with section 56(2).
(10)
In
section 156
of
PPERA 2000
(orders and regulations)—
(a)
in
subsection (3)
, before
paragraph (za)
insert—
(zza)
regulations under section
54D
(10)
(c)
;
;
(b)
in subsection (4ZA) (inserted by
section 60
(7)
of this Act), before
paragraph (a) insert—
(za)
section 54C
(3)
;
.
(11)
Schedule 8
makes amendments corresponding to the amendments made by
this section
, requiring risk assessments to be undertaken and declarations
about such risk assessments to be made, in relation to—
(a)
donations to individuals and members associations,
(b)
loans to, and other restricted transactions with, registered parties,
(c)
loans to, and other restricted transactions with, individuals and
members associations,
(d)
donations to recognised third parties,
(e)
donations to permitted participants in referendums,
(f)
donations to candidates at elections,
(g)
donations to accredited campaigners in recall petitions, and
(h)
donations to candidates in local elections in Northern Ireland.
59
Permissible donors not to include individuals under 16
(1)
In
section 54
of
PPERA 2000
(control of donations to registered parties:
permissible donors), in
subsection (2)
(a)
, after “individual” insert “aged 16 or
over”.
(2)
In
Schedule 4
to the
Recall of MPs Act 2015
(control of donations to accredited
campaigners), in
paragraph 6
(permissible donors), in
sub-paragraph (1)
(b)
, after “individual” insert “aged 16 or over”.
60
Donations by companies and LLPs etc
(1)
Part 4
of
PPERA 2000
(control of donations to registered parties and their
members etc) is amended as set out in
subsections (2)
to
(6)
.
(2)
In
section 54
(permissible donors)—
(a)
for
subsection (2)
(b)
substitute—
(b)
a company which (subject to subsections
(3ZA)
and
(3ZB)
)—
(i)
is registered under the
Companies Act 2006
,
(ii)
is incorporated in the United Kingdom,
(iii)
carries on business in the United Kingdom, and
(iv)
satisfies the significant control test for companies
in
section 54E
;
;
(b)
for
subsection (2)
(f)
substitute—
(f)
a limited liability partnership which (subject to
subsections
(3ZA)
and
(3ZB)
)—
(i)
is registered under the
Limited Liability
Partnerships Act 2000
,
(ii)
carries on business in the United Kingdom, and
(iii)
satisfies the significant control test for limited
liability partnerships in
section 54F
;
;
(c)
after
subsection (3)
insert—
(3ZA)
A person is not to be treated as a permissible donor in relation
to a donation by virtue of subsection (2)(b) or (f) unless, at the
time of the donation’s receipt by the party—
(a)
the amount of the person’s remaining available revenue,
calculated in accordance with
section 54H
, is at least
equal to the amount of the donation, and
(b)
the person satisfies the accounts filing obligation in
section 54I
.
;
(d)
after
subsection (3ZA)
(inserted by
paragraph (c)
) insert—
(3ZB)
Subsections (2)
(b)
(iv)
and
(f)
(iii)
and
(3ZA)
apply in relation
to a donation falling within section 50(2)(b), (d) or (f)
(sponsorship, payment of expenses or provision otherwise than
on commercial terms of property etc) received by a registered
party from a person only if—
(a)
it is a donation of more than £2,230, or
(b)
when the donation is added to any other donations
falling within section 50(2)(b), (d) or (f) that have been
accepted by the party from that person as a donor in
the same calendar year, the aggregate amount of the
donations is more than £2,230.
(3)
After
section 54D
(inserted by
section 58
of this Act) insert—
54E
Significant control test for companies
(1)
A company satisfies the significant control test (see section 54(2)
(b)
(iv)
) if—
(a)
it is a company to which
Part 21A
of the
Companies Act 2006
(information about people with significant control) applies, and
(b)
any of conditions A to D is met in relation to the company.
(2)
Condition A is that there is no person who is a registrable person or
registrable relevant legal entity in relation to the company.
(3)
Condition B is that—
(a)
there is a registrable person in relation to the company who
holds, directly or indirectly, more than 50% of the shares or
voting rights in the company,
(b)
that registrable person (or, if there is more than one, each such
registrable person) is—
(i)
registered in an electoral register, or
(ii)
a British citizen usually resident in the United Kingdom,
and
(c)
there is no person which is a registrable relevant legal entity
in relation to the company which holds, directly or indirectly,
more than 50% of the shares or voting rights in the company.
(4)
Condition C is that—
(a)
there is no person who is a registrable person or registrable
relevant legal entity in relation to the company who holds,
directly or indirectly, more than 50% of the shares or voting
rights in the company, and
(b)
there are at least two persons who are registrable persons in
relation to the company each of whom—
(i)
holds, directly or indirectly, more than 25% of the shares
or voting rights in the company, and
(ii)
is registered in an electoral register or is a British citizen
usually resident in the United Kingdom.
(5)
Condition D is that—
(a)
each registrable person in relation to the company is—
(i)
registered in an electoral register, or
(ii)
a British citizen usually resident in the United Kingdom,
and
(b)
there is no person which is a registrable relevant legal entity
in relation to the company.
(6)
Subsection (7)
applies where, in relation to a company, there is a
person (“P”) who is a registrable person, or a registrable relevant legal
entity, by virtue of having the right to exercise, or actually exercising,
significant influence or control over the activities of a trust or firm
that, under the law by which it is governed, is not a legal person.
(7)
For the purposes of this section, shares or voting rights in the company
that are held, directly or indirectly (and in their capacity as such), by
the trustees of the trust or, as the case may be, the members of the
firm are to be treated as if they were also held by P.
(8)
If, by virtue of
subsection (2)
(e)
of
section 790J
of the
Companies Act
2006
(power to make exemptions), a person does not count as a
registrable person or a registrable relevant legal entity in relation to
a company for the purposes of the sections of
that Act
referred to in
that subsection
, the person also does not count as a registrable person
or, as the case may be, a registrable relevant legal entity in relation to
that company for the purposes of this section.
(9)
Paragraphs 11
to
15
and
18
to
23
of
Schedule 1A
to the
Companies
Act 2006
(provision about the holding of shares and voting rights),
and guidance issued under
paragraph 24
of
that Schedule
(guidance
about the meaning of significant influence or control), apply for the
purposes of this section as they apply for the purposes of
that
Schedule
, with the references in paragraphs 13 and 14 of that Schedule
to 25% read, where necessary for the purposes of this section, as
references to 50%.
(10)
In this section—
electoral register
means a register of parliamentary or local
government electors maintained under
section 9
of the
Representation of the People Act 1983
;
registrable person
and
registrable relevant legal entity
, in
relation to a company, have the same meaning as in
Part 21A
of the
Companies Act 2006
(see section 790C of that Act).
54F
Significant control test for LLPs
(1)
A limited liability partnership satisfies the significant control test (see
section 54(2)
(f)
(iii)
) if any of conditions A to D is met in relation to
the limited liability partnership.
(2)
Condition A is that there is no person who is a registrable person or
registrable relevant legal entity in relation to the limited liability
partnership.
(3)
Condition B is that—
(a)
there is a registrable person in relation to the limited liability
partnership who holds, directly or indirectly, more than 50%
of the surplus asset rights or voting rights in the limited liability
partnership,
(b)
that registrable person (or, if there is more than one, each such
registrable person) is—
(i)
registered in an electoral register, or
(ii)
a British citizen usually resident in the United Kingdom,
and
(c)
there is no person which is a registrable relevant legal entity
in relation to the limited liability partnership which holds,
directly or indirectly, more than 50% of the surplus asset rights
or voting rights in the limited liability partnership.
(4)
Condition C is that—
(a)
there is no person who is a registrable person or registrable
relevant legal entity in relation to the limited liability
partnership who holds, directly or indirectly, more than 50%
of the surplus asset rights or voting rights in the limited liability
partnership, and
(b)
there are at least two persons who are registrable persons in
relation to the limited liability partnership each of whom—
(i)
holds, directly or indirectly, more than 25% of the
surplus asset rights or voting rights in the limited
liability partnership, and
(ii)
is registered in an electoral register or is a British citizen
usually resident in the United Kingdom.
(5)
Condition D is that—
(a)
each registrable person in relation to the limited liability
partnership is—
(i)
registered in an electoral register, or
(ii)
a British citizen usually resident in the United Kingdom,
and
(b)
there is no person which is a registrable relevant legal entity
in relation to the limited liability partnership.
(6)
Subsection
(7)
applies where, in relation to a limited liability
partnership, there is a person (“P”) who is a registrable person, or a
registrable relevant legal entity, by virtue of having the right to
exercise, or actually exercising, significant influence or control over
the activities of a trust or firm that, under the law by which it is
governed, is not a legal person.
(7)
For the purposes of this section, surplus asset rights or voting rights
in the limited liability partnership that are held, directly or indirectly
(and in their capacity as such), by the trustees of the trust or, as the
case may be, the members of the firm are to be treated for the purposes
of this section as if they were also held by P.
(8)
For the purposes of this section a reference to holding more than 25%,
or more than 50%, of the surplus asset rights in a limited liability
partnership is a reference to holding the right to share in more than
25% or, as the case may be, more than 50% of any surplus assets of
the limited liability partnership on a winding up.
(9)
Paragraphs 2
(2)
,
10
to
15
and
18
to
22
of
Schedule 1A
to the
Companies
Act 2006
(provision about the holding of surplus asset rights and
voting rights), and guidance issued under
paragraph 23
of
that
Schedule
(guidance about the meaning of significant influence or
control), apply for the purposes of this section as they apply for the
purposes of
that Schedule
.
(10)
In this section—
electoral register
means a register of parliamentary or local
government electors maintained under
section 9
of the
Representation of the People Act 1983
;
registrable person
and
registrable relevant legal entity
, in
relation to a limited liability partnership, have the same
meaning as in
Part 21A
of the
Companies Act 2006
(see section
790C of that Act);
surplus asset rights
, in relation to a limited liability partnership,
means the right to share in any surplus assets of the limited
liability partnership on a winding up;
voting rights
, in relation to a limited liability partnership, means
the right to vote on those matters which are to be decided upon
by a vote of the members of the limited liability partnership.
(11)
References in this section to provisions of the
Companies Act 2006
are
to those provisions as applied or incorporated (with modifications)
by regulations under
section 15
of the
Limited Liability Partnerships
Act 2000
.
54G
Power to revise significant control tests
The Secretary of State may by regulations make amendments of this
Part relating to the significant control test for companies or limited
liability partnerships (see
sections 54E
and
54F
) where the Secretary
of State considers that it is necessary or appropriate to do so in
consequence of—
(a)
regulations under
section 790K
or
790L
of, or
paragraph 26
of
Schedule 1A
to, the
Companies Act 2006
;
(b)
regulations under
section 15
of the
Limited Liability
Partnerships Act 2000
that apply or incorporate (with
modifications) provision contained in or made under
section
790K
of, or
Schedule 1A
to, the
Companies Act 2006
.
(4)
After
section 54G
(inserted by
subsection (3)
) insert—
54H
Donations by companies and LLPsremaining available revenue
(1)
This section applies to determine the amount of a person’s remaining
available revenue at the time of the receipt by a registered party of a
donation that would be made by that person (see section 54
(3ZA)
(a)
).
(2)
Where the person is not a parent undertaking, the amount of the
person’s remaining available revenue at the time of the donation’s
receipt by the party is calculated as follows—
Step 1
Add together the person’s revenue for each financial year that falls
wholly within the relevant period to give “the step 1 total”.
Step 2
Then deduct from the step 1 total the value of each relevant benefit
(if any) that has already accrued to the party from the person in the
calendar year in which the donation is received.
(3)
Where the person is a parent undertaking, the amount of the person’s
remaining available revenue at the time of the donation’s receipt by
the party is calculated as follows—
Step 1
Add together the person’s revenue for each financial year that falls
wholly within the relevant period to give “the step 1 total”.
Step 2
Then add to the step 1 total the revenue of each subsidiary undertaking
of the person for each financial year of the subsidiary undertaking
that falls wholly within the relevant period to give “the step 2 total”.
Step 3
Then deduct from the step 2 total the value of each relevant benefit
(if any) that has already accrued to the party from the person in the
calendar year in which the donation is received.
(4)
See
section 54I
(3)
(accounts filing obligation) for provision about when
a person which is a parent undertaking is to be treated as if it were
not one for the purposes of this section.
(5)
References in this section to a person’s “revenue” for a financial year
are references to—
(a)
the person’s turnover for that year, and
(b)
any other amounts (not included within turnover) which, in
accordance with generally accepted accounting practice, are
recognised as revenue for the purposes of a profit and loss
account, income statement or other equivalent financial
statement.
(6)
For the purposes of this section, revenue for a financial year must be
determined by reference to a profit and loss account, or an income
statement or other equivalent financial statement, prepared in
accordance with generally accepted accounting practice (and any
revenue for that financial year that cannot be so determined must be
ignored).
(7)
The Secretary of State may by regulations make provision (whether
by amending this Part or otherwise) for revenue of a particular
description to be ignored in determining a person’s revenue for a
financial year for the purposes of this section.
(8)
For the purposes of this section, a “relevant benefit” accrues to a
registered party from a person if—
(a)
the party accepts a donation from that person as a donor, or
(b)
the party enters into a relevant transaction (within the meaning
of Part 4A) with that person as a participant,
and the relevant benefit accrues when it is accepted (if it is a donation)
or entered into (if it is a transaction).
(9)
For the purposes of this section, a donation received by a registered
party from a person as a donor, but not yet accepted or refused—
(a)
is to be treated, until the time it is accepted or refused, as if it
were a relevant benefit that had accrued to the party from that
person as a donor, and
(b)
that relevant benefit is to be treated as if it had accrued when
the donation was received.
(10)
In this section and
section 54I
—
financial year
has the same meaning as in the
Companies Act
2006
(see section 390 of that Act);
generally accepted accounting practice
has the same meaning
as in the Corporation Tax Acts (see
section 1127
of the
Corporation Tax Act 2010
);
parent undertaking
and
subsidiary undertaking
have the same
meaning as in the
Companies Act 2006
(see section 1162 of that
Act);
the relevant period
, in relation to a donation received by a
registered party, means the period of three years ending
immediately before the beginning of the calendar year in which
the donation is received;
turnover
means the amounts derived from the provision of
goods and services after deduction of—
(a)
trade discounts,
(b)
value added tax, and
(c)
any other taxes based on the amounts so derived.
(11)
References in this section and
section 54I
to provisions of the
Companies Act 2006
are, in relation to a limited liability partnership,
references to those provisions as applied or incorporated (with
modifications) by regulations under
section 15
of the
Limited Liability
Partnerships Act 2000
.
54I
Donations by companies and LLPsaccounts filing obligation
(1)
A person by which a donation received by a registered party would
be made satisfies the accounts filing obligation (see section
54
(3ZA)
(b)
)—
(a)
where the person is not a parent undertaking, if individual
accounts of the person for at least one of the financial years
that falls wholly within the relevant period have been delivered
to the registrar of companies;
(b)
where the person is a parent undertaking, if group accounts
of the person for at least one of the financial years that falls
wholly within the relevant period have been delivered to the
registrar of companies.
(2)
A person which is a parent undertaking and by which a donation
received by a registered party would be made also satisfies the
accounts filing obligation if individual accounts of the person for at
least one of the financial years that falls wholly within the relevant
period have been delivered to the registrar of companies.
(3)
But where a person which is a parent undertaking satisfies the accounts
filing obligation by virtue of
subsection (2)
(and not by virtue of
subsection (1)
(b)
) the person is to be treated for the purposes of section
54H
as if it were not a parent undertaking.
(4)
In this section—
group accounts
means Companies Act group accounts or IAS
group accounts within the meaning of the
Companies Act 2006
(see section 403 of that Act);
individual accounts
has the same meaning as in the
Companies
Act 2006
(see section 394 of that Act);
the registrar of companies
has the same meaning as in the
Companies Act 2006
(see section 1060 of that Act).
(See also the interpretation provisions in
section 54H
(10)
and
(11)
).
(5)
In
section 56
(acceptance or return of donations: general)—
(a)
after
subsection (1A)
insert—
(1B)
In so far as subsection (1) requires steps to be taken to verify
or ascertain whether, in relation to a donation, a company or
limited liability partnership satisfies any of conditions A to D
in
section 54E
or
54F
(significant control test), the requirement
is treated as having been complied with if—
(a)
the party has inspected the information delivered by
the company or limited liability partnership to the
registrar of companies under
Part 21A
of the
Companies
Act 2006
that is available for public inspection,
(b)
at the time of inspection the information showed (or
appeared to show) that one of conditions A to D in
section 54E
was met in relation to the company, or (as
the case may be) one of conditions A to D in
section
54F
was met in relation to the limited liability
partnership, as at the time of the donation’s receipt by
the party, and
(c)
the party had no reasonable grounds for thinking that,
notwithstanding the information, the company or
limited liability partnership did not, at the time of the
donation’s receipt by the party, satisfy any of those
conditions.
;
(b)
at the end insert—
(7)
In this section “the registrar of companies” has the same
meaning as in the
Companies Act 2006
(see section 1060 of that
Act).
(8)
References in this section to provisions of the
Companies Act
2006
are, in relation to a limited liability partnership, references
to those provisions as applied or incorporated (with
modifications) by regulations under
section 15
of the
Limited
Liability Partnerships Act 2000
.
(6)
In
Schedule 6
(details to be given in donation reports), after
paragraph 2
insert—
Further information relating to donors that are companies or LLPsquarterly reports
2ZA
(1)
This paragraph applies in relation to each recordable donation the
donor of which is a company falling within section 54(2)
(b)
or a
limited liability partnership falling within section 54(2)
(f)
other
than—
(a)
a recordable donation in relation to which the significant
control test in
section 54E
or
54F
does not apply (by virtue
of section 54
(3ZB)
), or
(b)
a recordable donation to which paragraph 2A, 6 or 7 applies.
(2)
In relation to each recordable donation the donor of which is a
company a quarterly report must also—
(a)
give the date on which the registered party, before accepting
the donation, inspected (or last inspected) the information
delivered by the company to the registrar of companies
under
Part 21A
of the
Companies Act 2006
that is available
for public inspection;
(b)
give the name of each person (if any) who, at the time of
receipt of the donation by the party, is (according to the
information so inspected) a registrable person or registrable
relevant legal entity in relation to the company; and
(c)
give the relevant address of each registrable person whose
name is given under
paragraph (b)
or, where that address
is not known to the party, include a statement to that effect.
(3)
In relation to each recordable donation the donor of which is a
limited liability partnership, a quarterly report must also—
(a)
give the date on which the registered party, before accepting
the donation, inspected (or last inspected) the information
delivered by the limited liability partnership to the registrar
of companies under
Part 21A
of the
Companies Act 2006
that is available for public inspection;
(b)
give the name of each person (if any) who, at the time of
receipt of the donation by the party, is (according to the
information so inspected) a registrable person or registrable
relevant legal entity in relation to the limited liability
partnership; and
(c)
give the relevant address of each registrable person whose
name is given under
paragraph (b)
or, where that address
is not known to the party, include a statement to that effect.
(4)
In this paragraph—
name
means the name that would satisfy the requirement to
provide a name imposed by
section 790K
of the
Companies
Act 2006
;
registrable person
and
registrable relevant legal entity
, in
relation to a company or limited liability partnership, have
the same meaning as in
Part 21A
of the
Companies Act 2006
;
the registrar of companies
has the same meaning as in the
Companies Act 2006
(see section 1060 of that Act);
relevant address
(of a registrable person) means—
(a)
if the person’s address is, at the date of receipt of the
donation by the registered party, shown in an
electoral register (within the meaning of section 54),
that address; and
(b)
otherwise, the person’s home address (whether in
the United Kingdom or elsewhere).
(5)
References in this paragraph to provisions of the
Companies Act
2006
are, in relation to a limited liability partnership, references to
those provisions as applied or incorporated (with modifications) by
regulations under
section 15
of the
Limited Liability Partnerships
Act 2000
.
Information relating to Irish donationsquarterly reports
.
(7)
In
section 156
of
PPERA 2000
(orders and regulations), after subsection (4)
insert—
(4ZA)
Subsection (2) also does not apply to regulations under—
(a)
section 54G
;
(b)
section 54H
(7)
;
and such regulations may not be made unless a draft of the instrument
containing them has been laid before and approved by a resolution
of each House of Parliament.
61
Forfeiture of certain donations to registered parties etc
(1)
PPERA 2000
is amended as set out in
subsections (2)
and
(3)
.
(2)
In
section 58
(control of donations to registered parties: forfeiture of donations
made by impermissible or unidentifiable donors)—
(a)
after
subsection (2)
insert—
(2A)
In the case of a donation received by a registered party from
an individual who, at the time of its receipt, was not registered
in an electoral register, it is immaterial for the purposes of this
section whether the individual was entitled to be registered in
an electoral register at that time.
;
(b)
after
subsection (5)
insert—
(6)
In this section, “electoral register” means a register of
parliamentary or local government electors maintained under
section 9
of the
Representation of the People Act 1983
.
(3)
In
section 59
(appeal against order under section 58), in
subsection (4)
, after
“Subsections” insert “(2A),”.
(4)
Schedule 4
to the
Recall of MPs Act 2015
(control of donations to accredited
campaigners) is amended as set out in
subsections (5)
and
(6)
.
(5)
In
paragraph 17
(forfeiture of donations made by impermissible or
unidentifiable donors)—
(a)
after
sub-paragraph (2)
insert—
(2A)
In the case of a donation received by an accredited
campaigner from an individual who, at the time of its receipt,
was not registered in an electoral register, it is immaterial
for the purposes of this paragraph whether the individual
was entitled to be registered in an electoral register at that
time.
;
(b)
after
sub-paragraph (6)
insert—
(7)
In this paragraph, “electoral register” means a register of
parliamentary or local government electors maintained under
section 9
of the
Representation of the People Act 1983
.
(6)
In
paragraph 18
(appeal against order under paragraph 17)—
(a)
in
sub-paragraph (1)
, for “(5)” substitute “
(5A)
”;
(b)
after
sub-paragraph (5)
insert—
(5A)
In the case of a donation received by an accredited
campaigner from an individual who, at the time of its receipt,
was not registered in an electoral register, it is immaterial
for the purposes of this paragraph whether the individual
was entitled to be registered in an electoral register at that
time.
(5B)
In
sub-paragraph (5A)
, “electoral register” has the meaning
given in paragraph 17
(7)
.
62
Unincorporated associations making political contributions
(1)
Schedule 9
amends
Schedule 19A
to
PPERA 2000
(reports of gifts received
by unincorporated associations making political contributions) so as to—
(a)
extend the definition of political contribution (which applies for the
purposes of determining whether an unincorporated association is
subject to the reporting requirements in
Schedule 19A
) to include
donations to candidates at additional types of election;
(b)
make minor amendments to that definition so that only donations
made for political purposes are included;
(c)
decrease the value at which political contributions made by an
unincorporated association trigger the reporting requirements, from
£37,270 (in a calendar year) to £11,180;
(d)
require unincorporated associations that are subject to the reporting
requirements to appoint a responsible person for the purposes of those
requirements;
(e)
prohibit unincorporated associations that are subject to the reporting
requirements from making political contributions using gifts from
impermissible donors or received outside certain periods;
(f)
decrease the threshold value above which gifts must be reported by
unincorporated associations that are subject to the reporting
requirements, from £11,180 to £2,230;
(g)
require unincorporated associations to report additional information
about donors who have given them gifts used for political purposes;
(h)
create offences of—
(i)
giving an unincorporated association false information about
a gift that may be used to make a political contribution, and
(ii)
withholding information about such a gift with intent to
deceive.
(2)
Schedule 9
also—
(a)
amends section 145 of PPERA 2000 (duties of Electoral Commission
with respect to compliance with controls imposed by the Act etc) to
bring the requirements imposed on unincorporated associations by
Schedule 19A to that Act within the scope of the Commission’s powers
to monitor compliance and provide guidance;
(b)
amends
Schedule 19B
to
PPERA 2000
(investigatory powers of Electoral
Commission) to bring unincorporated associations that are subject to
the reporting requirements in
Schedule 19A
to
that Act
within the
scope of the investigatory powers of the Commission in
Schedule 19B
;
(c)
amends
section 62
of the
Electoral Administration Act 2006
to enable
the Secretary of State to make provision corresponding to
Part 4A
of
PPERA 2000
(regulation of loans etc) for unincorporated associations
that are subject to the reporting requirements;
(d)
makes consequential amendments to section 140A of and
Schedule 20
to
PPERA 2000
.
63
Power of Scottish Ministers to vary sums in Schedule 7 to PPERA 2000
In section 155 of PPERA 2000 (power to vary specified sums or percentages),
in subsection (1A)—
(a)
after “vary” insert “—
(a)
;
(b)
at the end insert
, or
(b)
any sum for the time being specified in Schedule 7 so
far as that sum applies in relation to a donation to a
member of a local authority in Scotland who is not also
a member of a registered party.
Information to be included with electronic material
64
Electronic material promoted by third parties
(1)
In
section 44
of the
Elections Act 2022
(electronic material, other than paid-for
material, with which information must be included), in
subsection (3)
(promoters etc of material)—
(a)
omit the “or” at the end of
paragraph (e)
;
(b)
after
paragraph (f)
insert
, or
(g)
any person not within paragraphs (a) to (f) other than
an individual.
(2)
Omit
Part 8
of the
Scottish Elections (Representation and Reform) Act 2025
(asp 4) (information to be included with certain electronic material at Scottish
elections).
65
Electoral Commission guidance relating to electronic materialminor revisions
In
section 54
of the
Elections Act 2022
(Electoral Commission guidance), after
subsection (11)
insert—
(11A)
Where the Commission revises guidance under this section without
changing the substance of the guidance—
(a)
subsections (3) to (9) do not apply in connection with the
revised guidance,
(b)
the Commission must issue the revised guidance and arrange
for it to be published in such manner as the Commission
considers appropriate, and
(c)
the revised guidance comes into force on the day specified by
the Commission in the revised guidance.
Part 5
Enforcement and the Electoral Commission
Enforcement
66
Decriminalisation of certain requirements
(1)
Schedule 10
abolishes certain offences under
PPERA 2000
(and makes
consequential provision).
(2)
That Schedule
has no effect in relation to an offence committed before
this
section
comes into force.
67
Extension of Electoral Commission’s enforcement functions
(1)
Schedule 19C
to
PPERA 2000
(imposition of civil sanctions by Electoral
Commission) is amended as set out in
subsections (2)
and
(3)
.
(2)
In each of the following provisions (which allow civil sanctions to be imposed
in respect of prescribed offences under
PPERA 2000
) omit “under this Act”—
(a)
in paragraph 1 (fixed monetary penalties), sub-paragraphs (1)(a), (2)(a),
(3)(a) and (4)(a);
(b)
in paragraph 5 (discretionary requirements), sub-paragraphs (1)(a),
(2)(a), (3)(a) and (4)(a);
(c)
in paragraph 10 (stop notices), sub-paragraphs (2)(b)(i) and (3)(b)(i);
(d)
in paragraph 15 (enforcement undertakings), sub-paragraph (1)(a)(i).
(3)
After
paragraph 17
insert—
Offences that may be prescribed
17A
(1)
An offence may be prescribed for the purposes of paragraph 1, 5,
10 or 15 only if it is—
(a)
an offence under this Act,
(b)
an electoral finance offence,
(c)
an imprint offence, or
(d)
a recall campaign offence.
(2)
An “electoral finance offence” is an offence under any provision
of—
(a)
Part 2
of the
Representation of the People Act 1983
, or
(b)
Schedule 3A
or
9
to the
Electoral Law Act (Northern Ireland)
1962
,
that relates to expenses or donations.
(3)
An “imprint offence” is an offence under—
(a)
section 110
or
110A
of the
Representation of the People Act
1983
,
(b)
paragraph 28
of
Schedule 9
to the
Electoral Law Act
(Northern Ireland) 1962
, or
(c)
section 48
(1)
of the
Elections Act 2022
.
(4)
A “recall campaign offence” is an offence under
Schedule 3
,
4
or
5
to the
Recall of MPs Act 2015
.
(4)
Schedule 11
makes further provision for, and in connection with, the extension
of the Electoral Commission’s investigatory and enforcement functions.
(5)
This section
and
that Schedule
have no effect in relation to an offence or other
contravention committed before
this section
comes into force.
68
Abolition of maximum penalties in respect of offences triable summarily
(1)
In
Schedule 19C
to
PPERA 2000
(imposition of civil sanctions by Electoral
Commission)—
(a)
in
paragraph 1
omit sub-paragraph (6) (fixed monetary penalty not
to exceed maximum fine on summary conviction);
(b)
in
paragraph 5
omit sub-paragraph (8) (variable monetary penalty not
to exceed maximum fine on summary conviction).
(2)
Those amendments have no effect in relation to an offence committed before
this section
comes into force.
69
Civil sanctions orderscombining reserved and devolved provision
In
Schedule 19C
to
PPERA 2000
(imposition of civil sanctions by Electoral
Commission), after
paragraph 16
insert—
Supplementary orderspower to combine reserved and devolved provision
16A
(1)
Any effect that could be achieved by provision contained in a
supplementary order made by the Scottish Ministers may be
achieved by provision contained in a supplementary order made
by the Secretary of State with the consent of the Scottish Ministers.
(2)
Any effect that could be achieved by provision contained in a
supplementary order made by the Welsh Ministers may be achieved
by provision contained in a supplementary order made by the
Secretary of State with the consent of the Welsh Ministers.
Electoral Commission
70
Removal of strategy and policy statement
(1)
In Part 1 of PPERA 2000 (the Electoral Commission) omit—
(a)
sections 4A to 4E and the italic heading before those sections (strategy
and policy statement);
(b)
section 13ZA and the italic heading before that section (examination
by the Speaker’s Committee of the Electoral Commission’s performance
of duty to have regard to strategy and policy statement).
(2)
Omit sections 16 and 17(1) of the Elections Act 2022 (which inserted the
sections repealed by
subsection (1)
).
(3)
The Electoral Commission is not required to publish a report under section
4B(4) of PPERA 2000 in relation to any 12-month period ending on or after
the day on which this section comes into force.
71
Disclosure of information by Electoral Commission
(1)
PPERA 2000
is amended as set out in
subsections (2)
to
(4)
.
(2)
Before the italic heading before
section 149
insert—
Disclosure of information by Commission
148B
General power to disclose to certain other authorities
(1)
The Commission may disclose information to a person listed in
Schedule 19D
for the purpose of assisting the performance of the
person’s functions.
(2)
The power in
subsection (1)
is subject to any express restriction on
disclosure imposed by or under another enactment (ignoring any
restriction which allows disclosure if authorised by an enactment).
(3)
Disclosure under
subsection (1)
does not contravene any other
restriction on the disclosure of information (however imposed),
including any duty of confidence.
(4)
The Secretary of State may by regulations amend
Schedule 19D
so as
to—
(a)
add an entry,
(b)
remove an entry for a body or office that no longer exists, or
(c)
make any change that the Secretary of State considers
appropriate in consequence of a change to the name or
functions of a person listed in that Schedule.
(5)
The Secretary of State must consult the Commission before making
regulations under
subsection (4)
.
(6)
This section does not limit the circumstances in which information
may be disclosed apart from this section.
(7)
In this section, “enactment” includes (in addition to the things it
includes by virtue of section 160(1))—
(a)
an enactment comprised in, or in an instrument made under,
a Measure or Act of Senedd Cymru,
(b)
an enactment comprised in, or in an instrument made under,
an Act of the Scottish Parliament, and
(c)
assimilated direct legislation.
(3)
In
section 156
(orders and regulations), in
subsection (4ZA)
(inserted by
section
60
(7)
of this Act), after
paragraph (c)
(inserted by
paragraph 16
of
Schedule
8
to this Act) insert—
(d)
section 148B
(4)
;
.
(4)
After
Schedule 19C
insert—
Schedule 19D
Section 148B
Persons to whom Commission may disclose information
Policing and other law enforcement bodies
1
A member of—
(a)
a police force in England or Wales;
(b)
the Police Service of Scotland;
(c)
the Police Service of Northern Ireland;
(d)
the British Transport Police;
(e)
the Civil Nuclear Constabulary;
(f)
the Ministry of Defence Police;
(g)
a service police force, within the meaning given by
section
375
(1)
of the
Armed Forces Act 2006
;
(h)
the tri-service serious crime unit, within the meaning given
by
section 375
(1A)
of the
Armed Forces Act 2006
;
(i)
a body of constables appointed under—
(i)
provision incorporating
section 79
of the
Harbours,
Docks, and Piers Clauses Act 1847
,
(ii)
an order made under
section 14
of the
Harbours Act
1964
, or
(iii)
section 154
of the
Port of London Act 1968
(c. xxxii).
2
The National Police Chiefs’ Council.
3
The Independent Office for Police Conduct.
4
The Police Investigations and Review Commissioner.
5
The Police Ombudsman for Northern Ireland.
6
The Service Police Complaints Commissioner.
Prosecuting authorities
7
The Crown Prosecution Service.
8
The Crown Office and Procurator Fiscal Service.
9
The Public Prosecution Service for Northern Ireland.
10
The Director of Service Prosecutions.
11
The Serious Fraud Office.
Parliamentary bodies and officers
12
The Parliamentary Commissioner for Standards.
13
The Independent Parliamentary Standards Authority.
14
The Commissioner for Ethical Standards in Public Life in Scotland.
15
The Scottish Parliamentary Corporate Body.
16
The Senedd Commissioner for Standards.
17
The Independent Remuneration Board of the Senedd.
18
The Northern Ireland Assembly Commissioner for Standards.
19
The Northern Ireland Assembly Commission.
20
The Independent Remuneration Board (for the Northern Ireland
Assembly).
Other bodies and officers with regulatory or investigatory functions
21
The Financial Conduct Authority.
22
The Information Commission.
23
The Scottish Information Commissioner.
24
The Office of Communications.
25
The Charity Commission for England and Wales.
26
The Office of the Scottish Charity Regulator.
27
The Charity Commission for Northern Ireland.
28
His Majesty’s Revenue and Customs.
29
Revenue Scotland.
30
The Welsh Revenue Authority.
31
The registrar of companies for England and Wales.
32
The registrar of companies for Scotland.
33
The registrar of companies for Northern Ireland.
34
The Commission for Equality and Human Rights.
35
The Scottish Commission for Human Rights.
36
The Equality Commission for Northern Ireland.
37
The Gambling Commission.
38
The Certification Officer.
(5)
Until the abolition of the office of Information Commissioner (see
section 118
of the
Data (Use and Access) Act 2025
), the reference to the Information
Commission in
paragraph 22
of
Schedule 19D
of
PPERA 2000
(inserted by
subsection (4)
) is to be read as including that office.
Part 6
Hostility towards candidates etcdisqualification orders and sentencing
72
Hostility towards officers and their staff
(1)
Part 5
of the
Elections Act 2022
(disqualification of offenders for holding
elective office etc) is amended as set out in
subsections (2)
and
(3)
.
(2)
In
section 30
(disqualification orders)—
(a)
in
subsection (1)
(c)
, for “34” substitute “
34A
(but see subsection
(8A)
)”;
(b)
in
subsection (4)
—
(i)
in the words before
paragraph (a)
, for “34” substitute “
34A
”;
(ii)
in
paragraph (a)
, for “sections 32 to 34” substitute “those
sections”;
(c)
after
subsection (8)
insert—
(8A)
Where a court in Scotland is dealing with the offender,
subsection (1)(c) has effect as if the reference to persons falling
within
section 34A
were a reference only to persons described
in
subsection (1)
of that section (officers and staff in England,
Wales and Northern Ireland).
(3)
After
section 34
insert—
34A
Relevant officers and their staff
(1)
A person falls within this section if the person is—
(a)
a registration officer, a returning officer, a petition officer or a
counting officer (a “relevant officer”),
(b)
another person who, under an enactment or by virtue of an
appointment made under an enactment, carries out some or
all of the functions of a relevant officer, or
(c)
a member of a relevant officer’s staff.
(2)
A person also falls within this section if the person is—
(a)
a Scottish registration officer, a Scottish returning officer or a
Scottish counting officer (a “relevant Scottish officer”), or
(b)
a member of a relevant Scottish officer’s staff.
(3)
In
subsection (1)
—
counting officer
means a counting officer for—
(a)
a referendum to which
Part 7
of
PPERA 2000
applies
(see
section 128
of
that Act
);
(b)
a referendum held under or by virtue of
Part 1A
or
2
of the
Local Government Act 2000
(arrangements with
respect to local authority governance in England or
Wales) (see provision made under
section 9MG
or
45
of
that Act
);
(c)
a referendum held under
Chapter 4ZA
of
Part 1
of the
Local Government Finance Act 1992
(council tax
increases in England and Wales) (see provision made
under
section 52ZQ
of
that Act
);
(d)
a referendum held as a result of
paragraph 12
(4)
of
Schedule 4B
to the
Town and Country Planning Act
1990
(neighbourhood development orders) or
paragraph
10
(3)
of
Schedule 4C
to
that Act
(community right to
build orders) (see provision made under
paragraph 16
of
Schedule 4B
to
that Act
);
enactment
includes—
(a)
an enactment comprised in subordinate legislation (as
defined in
section 21
of the
Interpretation Act 1978
);
(b)
an enactment comprised in, or in an instrument made
under, an Act or Measure of Senedd Cymru;
(c)
an enactment comprised in, or in an instrument made
under, an Act of the Scottish Parliament;
(d)
an enactment comprised in, or in an instrument made
under, Northern Ireland legislation;
member of a relevant officer’s staff
means a person who is
employed by or working under the direction of—
(a)
a relevant officer, or
(b)
a person described in
subsection (1)
(b)
who carries out
functions of a relevant officer,
in a role the duties of which relate to the relevant officer’s
functions;
petition officer
has the same meaning as in the
Recall of MPs
Act 2015
(see section 6(2) of that Act);
registration officer
means an electoral registration officer for a
constituency in England and Wales or Northern Ireland or a
part of such a constituency (see
section 8
of
RPA 1983
);
returning officer
means a returning officer for—
(a)
a parliamentary election (see
sections 24
,
25
and
26
of
RPA 1983
);
(b)
an election to Senedd Cymru (see provision made under
section 13
of the
Government of Wales Act 2006
);
(c)
an election to the Northern Ireland Assembly (see
provision made under
section 34
of the
Northern Ireland
Act 1998
);
(d)
a local government election within the meaning of
section 203
of
RPA 1983
(England and Wales) (see
section 35
of
that Act
);
(e)
an election under
Part 1A
or
2
of the
Local Government
Act 2000
for the return of an elected mayor (see
provision made under
section 9HE
or
44
of
that Act
);
(f)
an election for the return of a mayor for the area of a
combined authority established under
section 103
of
the
Local Democracy, Economic Development and
Construction Act 2009
(see provision made under
paragraph 12 of Schedule 5B to that Act);
(g)
an election for the return of a mayor for the area of a
combined county authority established under
section
9
(1)
of the
Levelling-up and Regeneration Act 2023
(see
provision made under paragraph 12 of Schedule 2 to
that Act);
(h)
a local election as defined in
section 130
(1)
of the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(see the functions of the Chief Electoral Officer for
Northern Ireland under section 14(4) of that Act);
(i)
an election of a police and crime commissioner (see
section 54
(1)
of the
Police Reform and Social
Responsibility Act 2011
).
(4)
In
subsections (1)
and
(3)
—
(a)
references to a person who is a type of officer include a person
who is, under an enactment, treated as if they were such an
officer;
(b)
in the definitions of “counting officer” and “returning officer”,
the references to a counting officer or a returning officer include
an officer whose title also includes other words.
(5)
In
subsection (2)
—
member of a relevant Scottish officer’s staff
means—
(a)
in relation to a Scottish counting officer, a member of
staff appointed or provided under section 9(9) or (10)
of the
Referendums (Scotland) Act 2020
(asp 2);
(b)
in relation to any other relevant Scottish officer, a person
who is employed by, or working under the direction
of, the relevant Scottish officer in a role the duties of
which relate to the relevant Scottish officer’s functions;
Scottish counting officer
means—
(a)
the person appointed under
section 7
(1)
or
(6)
of the
Referendums (Scotland) Act 2020
(asp 2) (Chief
Counting Officer);
(b)
a person appointed under
section 7
(7)
of
that Act
(deputy of the Chief Counting Officer);
(c)
a person appointed under
section 8
(1)
or
(5)
of
that Act
(other counting officers);
(d)
a person appointed under
section 8
(6)
of
that Act
(deputy of a counting officer);
Scottish registration officer
means an electoral registration officer
for a constituency in Scotland or a part of such a constituency
(see
section 8
of
RPA 1983
);
Scottish returning officer
means an officer who is—
(a)
appointed under
section 41
(1)
of
RPA 1983
(returning
officers: local elections in Scotland);
(b)
a constituency returning officer by virtue of an order
under
section 12
(1)
of the
Scotland Act 1998
;
(c)
an officer designated in accordance with an order under
section 12
(6)
of
that Act
(a regional returning officer).
(4)
In
section 236A
of the
Armed Forces Act 2006
(disqualification orders)—
(a)
in
subsection (1)
(c)
, for “34” substitute “
34A
”;
(b)
in
subsection (4)
, for “34” substitute “
34A
”.
73
Hostility as aggravating factorEngland and Wales and armed forces
(1)
The Sentencing Code is amended as set out in
subsections (2)
and
(3)
.
(2)
In the heading of
section 67
(hostility), at the end insert “towards persons
with certain characteristics”.
(3)
After
section 67
insert—
66A
Hostility towards candidates etc at elections etc
(1)
This section applies where a court is considering the seriousness of
an offence committed by a person where—
(a)
the offence is listed in
Schedule 9
to the
Elections Act 2022
(offences which may result in disqualification of offenders from
holding elective office etc), and
(b)
the person is convicted of the offence on or after the date on
which section 71 of the Representation of the People Act 2026
comes into force.
(2)
Where the offence is aggravated by hostility related to persons falling
within any of
sections 32
to
34A
of the
Elections Act 2022
(candidates,
campaigners, holders of elective office and officials), the court—
(a)
must treat the fact that the offence is aggravated by such
hostility as an aggravating factor, and
(b)
must state in open court that the offence is so aggravated.
(3)
Subsections (4)
and
(5)
of
section 30
of the
Elections Act 2022
(meaning
of offence being aggravated by hostility related to persons falling
within any of
sections 32
to
34A
of
that Act
) apply for the purposes
of this section as they apply for the purposes of
section 30
of
that Act
.
(4)
The reference in
subsection (1)
to an offence listed in
Schedule 9
to
the
Elections Act 2022
includes an offence committed by aiding,
abetting, counselling or procuring the commission of such an offence.
(4)
In
section 238
of the
Armed Forces Act 2006
(deciding the seriousness of an
offence), before
subsection (6)
insert—
(5A)
In
section 66A
of the Sentencing Code (seriousness of offence involving
hostility towards candidates etc at elections etc)—
(a)
the references to a court are to be read as including a court
dealing with an offender for a service offence, and
(b)
the references in subsections (1) and (4) to an offence listed in
Schedule 9
to the
Elections Act 2022
are to be taken as
references to an offence under section 42 as respects which the
corresponding offence under the law of England and Wales is
an offence listed in
that Schedule
.
74
Hostility as aggravating factorScotland and Northern Ireland
(1)
Part 5
of the
Elections Act 2022
(disqualification of offenders for holding
elective office etc) is amended as follows.
(2)
For the Part heading substitute “Hostility towards candidates etcdisqualification orders and sentencing”.
(3)
Before
section 30
insert—
Disqualification of offenders for holding elective office etc
.
(4)
In
section 30
(disqualification orders)—
(a)
omit
subsection (3A)
(aggravation of offences in Scotland);
(b)
in
subsection (9)
omit the definition of “Scottish court”.
(5)
After
section 36
insert—
Aggravating factor in sentencing
36A
Hostility as aggravating factor
(1)
This section and
sections 36B
and
36C
make provision for hostility
related to persons falling within any of sections 32 to 34A to be an
aggravating factor for the purposes of sentencing for a Schedule 9
offence.
(2)
See also
section 66A
of the Sentencing Code (sentencing in England
and Wales).
(3)
In this section and
sections 36B
and
36C
, “Schedule 9 offence” has the
same meaning as in section 30.
36B
Hostility as aggravating factorScotland
(1)
This section applies where a court in Scotland is dealing with an
offender for a relevant Schedule 9 offence that is aggravated by
hostility related to persons falling within any of sections 32 to 34 and
34A
(1)
.
(2)
The court must take the aggravation into account when determining
the appropriate sentence.
(3)
Where the sentence in respect of the offence is different from that
which the court would have imposed if the offence were not so
aggravated, the court must state the extent of, and the reasons for,
that difference.
(4)
Where
subsection (3)
does not apply, the court must state the reasons
for there being no such difference.
(5)
In this section, “relevant Schedule 9 offence” means a Schedule 9
offence that is committed—
(a)
on or after the day on which
section 74
of the Representation
of the People Act 2026 comes into force, and
(b)
by a person who is aged 18 or over when the offence is
committed.
(6)
Where an offence is found to have been committed over a period of
2 or more days, or at some time during a period of 2 or more days,
it must be taken for the purposes of
subsection (5)
to have been
committed on the first of those days.
(7)
Subsections (4) and (5) of section 30 apply for the purposes of this
section as they apply for the purposes of that section.
36C
Hostility as aggravating factorNorthern Ireland
(1)
This section applies where a court in Northern Ireland is considering
for the purposes of sentence the seriousness of an offence committed
by a person where—
(a)
the offence is a Schedule 9 offence, and
(b)
the person is convicted of the offence on or after the day on
which
section 74
of the Representation of the People Act 2026
comes into force.
(2)
Where the offence is aggravated by hostility related to persons falling
within any of sections 32 to
34A
, the court—
(a)
must treat the fact that the offence is aggravated by such
hostility as an aggravating factor, and
(b)
must state in open court that the offence is so aggravated.
(3)
Subsections (4) and (5) of section 30 apply for the purposes of this
section as they apply for the purposes of that section.
(4)
In this section, in relation to an offence, “sentence” includes any order
made by a court when dealing with a person in respect of the offence.
Supplementary
.
75
Effect of Scottish disqualification orders
(1)
Part 5
of the
Elections Act 2022
(disqualification of offenders for holding
elective office etc) is amended as follows.
(2)
After
section 30
insert—
30A
Effect of Scottish disqualification orders
A person who is subject to an order made under
section 8
of the
Scottish Elections (Representation and Reform) Act 2025
(asp 4) (a
“Scottish disqualification order”) is disqualified—
(a)
for being nominated for election to a relevant elective office,
and
(b)
for being elected to or holding a relevant elective office.
(3)
In
section 31
(vacation of relevant elective office etc)—
(a)
in
subsection (1)
, after “disqualification order” insert “or Scottish
disqualification order”;
(b)
in
subsection (6)
, after “disqualification order” insert “or a Scottish
disqualification order”.
(4)
In
section 35
(election etc of a person to the House of Commons who is subject
to a disqualification order), in
subsection (1)
, after “order” insert “or a Scottish
disqualification order”.
(5)
In
section 37
(interpretation of Part 5), in
subsection (1)
, at the end insert—
Scottish disqualification order
has the meaning given in section
30A
.
76
Effect of disqualification ordersminor and consequential provision
(1)
In Schedule 5 to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)
(local elections rules), in rule 10(2)(c) (validity of nomination paper), after
“2022” insert “or section 8 of the Scottish Elections (Representation and Reform)
Act 2025 (asp 4)”.
(2)
In the
Local Government Act 1972
—
(a)
in
section 86
(declaration by local authority of vacancy in office), in
subsection (1)
(b)
, after “2022” insert “or an order under section 8 of
the Scottish Elections (Representation and Reform) Act 2025 (asp 4)
(read with section
30A
of the Elections Act 2022)”;
(b)
in
section 87
(date of casual vacancies), in
subsection (1)
(db)
—
(i)
after “2022” insert “or an order under section 8 of the Scottish
Elections (Representation and Reform) Act 2025 (asp 4) (read
with section
30A
of the Elections Act 2022)”;
(ii)
for “that Act” substitute “the Elections Act 2022”.
(3)
In
section 10
of the
Local Government Act (Northern Ireland) 1972
(c. 9 (N.I.))
(declaration of vacancy in office)—
(a)
in
subsection (1)
(a)
, after “2022” insert “or an order under section 8
of the Scottish Elections (Representation and Reform) Act 2025 (asp
4) (read with section
30A
of the Elections Act 2022)”;
(b)
in
subsection (2)
(a)
, after “2022” insert “or an order under section 8
of the Scottish Elections (Representation and Reform) Act 2025 (asp
4) (read with section
30A
of the Elections Act 2022)”.
(4)
In
section 7
of the
House of Commons Disqualification Act 1975
(jurisdiction
of Privy Council as to disqualification), in
subsection (6)
, after “2022” insert
“or an order under section 8 of the Scottish Elections (Representation and
Reform) Act 2025 (asp 4) (read with section
30A
of the Elections Act 2022)”.
(5)
In Schedule 1 to
RPA 1983
(parliamentary election rules), in rule 12(2)(c)
(validity of nomination papers)—
(a)
after “disqualified” insert “—
(i)
;
(b)
after “or” insert—
(ii)
;
(c)
after “2022” insert “or an order under section 8 of the Scottish Elections
(Representation and Reform) Act 2025 (asp 4) (read with section
30A
of the Elections Act 2022)”.
(6)
In the
Greater London Authority Act 1999
—
(a)
in
section 7
(Assembly members: declaration of vacancy), in
paragraph
(b)
(ib)
, after “2022” insert “or an order under section 8 of the Scottish
Elections (Representation and Reform) Act 2025 (asp 4) (read with
section
30A
of the Elections Act 2022)”;
(b)
in
section 9
(Assembly members: date of casual vacancies), in
subsection (1)
(fa)
—
(i)
after “2022” insert “or an order under section 8 of the Scottish
Elections (Representation and Reform) Act 2025 (asp 4) (read
with section
30A
of the Elections Act 2022)”;
(ii)
for “that Act” substitute “the Elections Act 2022”;
(c)
in
section 14
(Mayor: declaration of vacancy), in
paragraph (b)
(ib)
, after “2022” insert “or an order under section 8 of the Scottish Elections
(Representation and Reform) Act 2025 (asp 4) (read with section
30A
of the Elections Act 2022)”;
(d)
in
section 15
(1)
(Mayor: date of casual vacancy)—
(i)
for “Subsection (1)” substitute “Subsections (1) and (1A)”;
(ii)
for “it applies” substitute “they apply”;
(iii)
after “(b)” insert “of subsection (1)”;
(iv)
after “(h)”, in the first place it occurs, insert “of subsection (1)”.
(7)
In
Part 1
of
Schedule 1A
to the
Government of Wales Act 2006
(categories of
person disqualified from membership of the Senedd), in
paragraph 6A
(persons
subject to a disqualification order), after “2022” insert “or section 8 of the
Scottish Elections (Representation and Reform) Act 2025 (asp 4)”.
(8)
In
section 59
of the
Police Reform and Social Responsibility Act 2011
(date
of vacancy in office of police and crime commissioner), in
subsection (1)
(e)
—
(a)
after “2022” insert “or an order under section 8 of the Scottish Elections
(Representation and Reform) Act 2025 (asp 4) (read with section
30A
of the Elections Act 2022)”;
(b)
for “that Act” substitute “the Elections Act 2022”.
Part 7
General
77
Power to make consequential provision
(1)
The Secretary of State may by regulations make provision that is consequential
on this Act.
(2)
Regulations under
this section
may amend, repeal or revoke provision made
by an enactment passed or made—
(a)
before this Act, or
(b)
later in the same session of Parliament as this Act.
(3)
Regulations under
this section
may—
(a)
make different provision for different purposes;
(b)
make transitional or saving provision.
(4)
A statutory instrument containing (whether alone or with other provision)
regulations under
this section
that amend or repeal any provision of primary
legislation may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.
(5)
Any other statutory instrument containing regulations under
this section
is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(6)
In
this section
—
enactment
includes—
(a)
an enactment comprised in subordinate legislation (as defined
in
section 21
of the
Interpretation Act 1978
);
(b)
an enactment comprised in, or in an instrument made under,
a Measure or Act of Senedd Cymru;
(c)
an enactment comprised in, or in an instrument made under,
an Act of the Scottish Parliament;
(d)
an enactment comprised in, or in an instrument made under,
Northern Ireland legislation;
primary legislation
means—
(a)
an Act of Parliament;
(b)
an Act of the Scottish Parliament;
(c)
a Measure or Act of Senedd Cymru;
(d)
Northern Ireland legislation.
(7)
Regulations under
this section
are to be made by statutory instrument.
78
Power to amend references to subordinate legislation etc
(1)
The Secretary of State may by regulations amend—
(a)
a provision of this Act, or
(b)
a provision inserted by this Act into another Act,
in consequence of the amendment or revocation of any subordinate legislation
which is for the time being referred to in the provision.
(2)
In
subsection (1)
, “subordinate legislation” means—
(a)
subordinate legislation as defined in
section 21
of the
Interpretation
Act 1978
, or
(b)
an instrument made under—
(i)
an Act of the Scottish Parliament,
(ii)
a Measure or Act of Senedd Cymru, or
(iii)
Northern Ireland legislation.
(3)
Regulations under
this section
are to be made by statutory instrument.
(4)
A statutory instrument containing (whether alone or with other provision)
regulations under
this section
may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House
of Parliament.
79
Interpretation of references to other Acts
In this Act—
PPERA 2000
means the
Political Parties, Elections and Referendums
Act 2000
;
RPA 1983
means the
Representation of the People Act 1983
;
RPA 1985
means the
Representation of the People Act 1985
;
RPA 2000
means the
Representation of the People Act 2000
.
80
Financial provision
(1)
There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under or by virtue of any other
Act out of money so provided.
(2)
There is to be paid out of the Consolidated Fund any increase attributable to
this Act in the sums payable under any other Act out of that Fund.
(3)
There is to be paid into the Consolidated Fund any increase attributable to
this Act in the sums payable into that Fund under any other Act.
81
Extent
(1)
This Act extends to England and Wales, Scotland and Northern Ireland, except
as follows.
(2)
The following extend to England and Wales and Scotland only—
(a)
in
Part 1
—
(i)
section 1
(3)
(b)
;
(ii)
section 4
(4)
(a)
,
(6)
(b)
and
(8)
(b)
;
(iii)
section 5
(2)
(b)
,
(3)
(b)
and
(d)
,
(4)
(d)
and
(5)
(c)
;
(iv)
paragraphs 3
,
4
(b)
,
8
,
9
and
14
of
Schedule 1
;
(b)
in
Part 2
,
paragraph 9
of
Schedule 2
;
(c)
in
Part 3
—
(i)
section 47
;
(ii)
paragraphs 1
to
12
of
Schedule 3
;
(iii)
paragraphs 18
,
23
and
25
of
Schedule 5
;
(d)
in
Part 6
,
section 76
(6)
.
(3)
The following extend to England and Wales only—
(a)
in
Part 1
—
(i)
section 1
(6)
;
(ii)
section 4
(4)
(c)
;
(iii)
section 10
(5)
to
(9)
;
(b)
in
Part 3
,
paragraphs 15
and
17
of
Schedule 5
;
(c)
in
Part 6
—
(i)
section 73
(1)
to
(3)
;
(ii)
section 76
(2)
and
(8)
.
(4)
The following extend to Scotland only—
(a)
in
Part 1
—
(i)
section 3
(5)
;
(ii)
section 4
(4)
(b)
;
(iii)
section 10
(1)
to
(4)
;
(b)
in
Part 3
,
paragraphs 19
and
23
of
Schedule 3
;
(c)
in
Part 4
—
(i)
section 54
(2)
(a)
(i)
and
(b)
and
(3)
(a)
(i)
and
(b)
;
(ii)
section 64
(2)
;
(iii)
paragraph 2
(4)
of
Schedule 7
.
(5)
The following extend to Northern Ireland only—
(a)
provisions of this Act which amend or repeal provisions of the
following—
(i)
the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.));
(ii)
the
Local Government Act (Northern Ireland) 1972
(c. 9 (N.I.));
(iii)
the
Local Elections (Northern Ireland) Order 1985
(S.I.
1985/454);
(iv)
the
Elected Authorities (Northern Ireland) Act 1989
;
(b)
in
Part 1
—
(i)
section 5
(4)
(a)
;
(ii)
paragraph 12
of
Schedule 1
;
(c)
in
Part 2
,
section 35
;
(d)
in
Part 3
—
(i)
section 46
(3)
;
(ii)
paragraphs 13
to
17
of
Schedule 3
.
(6)
Subsections (1)
and
(2)
of
section 384
of the
Armed Forces Act 2006
(extent
outside the United Kingdom) apply to the amendments of
that Act
made by
sections 72
(4)
and
73
(4)
as those subsections apply to the provisions of
that
Act
.
82
Commencement
(1)
This Act comes into force on such day as the Secretary of State may by
regulations appoint, except as follows.
(2)
This Part
and the following provisions come into force on the day on which
this Act is passed—
(a)
section 5
(3)
(f)
to
(i)
and
(6)
(b)
(power to make provision about young
voters and service declarations);
(b)
section 13
(power to make further provision about disclosure of a
young person’s information) and
sections 7
to
12
and
14
so far as
necessary to enable the exercise of the power in
section 13
;
(c)
sections 20
to
25
(power to pilot changes to the voter registration
process);
(d)
sections 26
to
29
(power to amend the canvass in Northern Ireland);
(e)
section 30
(1)
and
(4)
(regulations made by Scottish Ministers under
RPA 1983);
(f)
section 30
(2)
(a)
and
(c)
(power to make provision about when
entitlement to remain registered pursuant to a declaration of local
connection ceases), so far as they confer power to make regulations
or are otherwise necessary to enable the exercise of such a power;
(g)
section 36
(regulations as to registration etc: information to assist
registration officers);
(h)
sections 49
to
51
(power to obtain information to help people
understand elections etc);
(i)
in
Schedule 3
(absent voting)—
(i)
paragraph 3
(regulations under Schedule 4 to RPA 2000 to be
made by appropriate national authority);
(ii)
paragraphs 24
and
25
(regulations as to registration etc: absent
voting);
(iii)
any other provision of
that Schedule
so far as it confers power
to make regulations or is otherwise necessary to enable the
exercise of such a power.
(3)
The Secretary of State may by regulations make transitional or saving provision
in connection with the coming into force of any provision of this Act.
(4)
The powers to make regulations under
this section
include power to make
different provision for different purposes or areas.
(5)
Regulations under
this section
are to be made by statutory instrument.
(6)
The power in
section 419
(1)
of the
Sentencing Act 2020
(power to state effect
of commencement provisions) applies in relation to any amendment or repeal
made by or under this Act of
that Act
as it applies in relation to an
amendment or repeal made by
Schedule 22
to
that Act
.
83
Short title
This Act may be cited as the Representation of the People Act 2026.
Schedules
Schedule 1
Section 6
Further provision about registration of young voters etc
Part 1
Amendments of enactments
Electoral Law Act (Northern Ireland) 1962
1
In
Schedule 5
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
(local elections rules)—
(a)
in rule 29 (admission to the polling station), in paragraphs (1)(b)
and (1A), for “18” substitute “16”;
(b)
in rule 36 (voting by persons with disabilities), in paragraph (2)(b)(i),
for “18” substitute “16”.
RPA 1983
2
RPA 1983
is amended as follows.
3
In
section 9
(registers of electors) omit
subsection (5A)
.
4
In
section 9A
(registration officers: duty to take necessary steps)—
(a)
after
subsection (2)
insert—
(2ZA)
Subsections (1) and (2)(b) do not require a registration officer
to make house to house inquiries in relation to a person
under the age of 16.
(2ZB)
For the purposes of a register of parliamentary electors in
Great Britain or a register of local government electors in
England, subsections (1) and (2)(ba) do not require a
registration officer to make contact, by telephone, with a
person under the age of 16.
;
(b)
omit
subsection (2A)
.
5
In
section 9D
(6)
(exceptions to duty to conduct canvass: Great Britain), in
paragraph (a)
, after “institutions” insert “or youth detention
accommodation”.
6
In
section 9E
(maintenance of registers: invitations to register in Great
Britain), after
subsection (5)
insert—
(5A)
A requirement under subsection (4) may not be imposed on a person
under the age of 16 in relation to registration as a parliamentary
elector or as a local government elector in England.
7
In
section 10
(3)
(exceptions to duty to conduct canvass: Northern Ireland),
in
paragraph (a)
, after “institutions” insert “or youth detention
accommodation”.
8
In
section 13BD
(electoral identity document: Great Britain), in
subsection
(1)
(b)
(ii)
, for “18” substitute “16”.
9
In
section 13BE
(anonymous elector’s document: Great Britain), in
subsection
(1)
(b)
(ii)
, for “18” substitute “16”.
10
In
Schedule 1
(parliamentary elections rules)—
(a)
in rule 32 (admission to polling station), in paragraphs (1)(b) and
(ba) and (1A), for “18” substitute “16”;
(b)
in rule 39 (voting by persons with disabilities), in paragraph (2)(b)(i),
for “18” substitute “16”.
11
In
paragraph 3C
of
Schedule 2
(provision which may be contained in
regulations for registration officer conducting canvass to obtain information),
after
sub-paragraph (3)
insert—
(4)
Provision under sub-paragraph (1A) or (2) may not authorise or
require a registration officer taking steps in relation to a register
of parliamentary electors, or a register of local government electors
in England, to visit a particular address in order to speak to a
person under the age of 16.
RPA 1985
12
In
section 8
of
RPA 1985
(proxies at parliamentary elections: Northern
Ireland), in
subsection (4)
, for “he has attained the age of eighteen”
substitute “the person has attained the age of 16”.
Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454)
13
In
Part 1
of
Schedule 2
to the
Local Elections (Northern Ireland) Order 1985
(S.I. 1985/454) (proxies at local elections), in
paragraph 3
(3)
, for “eighteen”
substitute “16”.
RPA 2000
14
In
Schedule 4
to
RPA 2000
, in
paragraph 6
(proxies at elections: Great
Britain)—
(a)
in
sub-paragraph (5)
, for the words from the first “(other” to the
end substitute “unless on the date of the poll the person has attained
the age of 16.”;
(b)
omit
sub-paragraph (5A)
.
Police Reform and Social Responsibility Act 2011
15
In section 51 of the Police Reform and Social Responsibility Act 2011
(vacancy in the office of police and crime commissioner for a police area
in Wales), in subsection (6C)(a)(ii) omit “, who has attained the age of 18”.
Recall of MPs Act 2015
16
(1)
The Recall of MPs Act 2015 is amended as follows.
(2)
In section 14 (determination of whether recall petition successful), in
subsection (3), for “18” substitute “16”.
(3)
In section 22 (interpretation), in subsection (3)(b)—
(a)
in the words before sub-paragraph (i), for “18” substitute “16”;
(b)
in that sub-paragraph, for “18” substitute “16”.
Part 2
Alignment of registers
Aligning parliamentary and local government registersWales and Scotland
17
(1)
A Welsh registration officer and a Scottish registration officer must register
in a register of parliamentary electors maintained by the officer each person
who is a qualifying young person in relation to the officer.
(2)
A person is a “qualifying young person” in relation to a Welsh registration
officer or a Scottish registration officer if, immediately after
section 1
of
this Act comes into force—
(a)
the person is under the age of 18,
(b)
the person is registered in the register of local government electors
maintained by the officer,
(c)
the person is not registered in the register of parliamentary electors
maintained by the officer, and
(d)
the person appears to the officer to be entitled to be registered in
the register of parliamentary electors maintained by the officer (see
section 4
of
RPA 1983
).
(3)
The duty under
sub-paragraph (1)
does not apply in respect of a person if
the Welsh registration officer or the Scottish registration officer receives
(whether before or after
section 1
of this Act comes into force) an application
under
section 10ZC
of
RPA 1983
for registration in a register of
parliamentary electors made by someone who appears to the officer to be
the person.
(4)
For the purposes of
sub-paragraph (2)
(d)
, the following have effect as if
the reference to the relevant date were a reference to the time immediately
after
section 1
of this Act comes into force—
(a)
subsection (1)
of
section 4
of
RPA 1983
, and
(b)
subsection (4A)
of
that section
(inserted by
section 3
of this Act).
(5)
If a qualifying young person has an anonymous entry in a register of local
government electors in Wales or Scotland (as the case may be)—
(a)
the duty under
sub-paragraph (1)
is a duty to make an anonymous
entry in a register of parliamentary electors in respect of the person,
and
(b)
the person’s entitlement to remain registered in a register of
parliamentary electors terminates when the person’s entitlement to
remain registered in a register of local government electors
terminates under
section 9C
(1)
or a provision described in
section
9C
(2)
of
RPA 1983
.
(6)
RPA 1983
applies in connection with the registration of persons in a register
of parliamentary electors under
sub-paragraph (1)
with the following
modifications—
(a)
section 4
(4B)
(entry in register for attainers) (inserted by
section 3
of this Act) has effect in relation to a person registered under
sub-paragraph (1)
of
this paragraph
as it has effect in relation to a
person registered under
section 4
(1)
of
RPA 1983
in reliance on
section 4
(4A)
(inserted by
section 3
of this Act);
(b)
section 4
(5A)
(anonymous entries) (as amended by
section 3
of this
Act) has effect in relation to a person registered under
sub-paragraph
(1)
of
this paragraph
as it has effect in relation to a person registered
under
section 4
(1)
of
RPA 1983
in reliance on
section 4
(4A)
(inserted
by
section 3
of this Act);
(c)
section 9
(duty of registration officer to maintain a register of
electors) has effect as if
subsection (2)
(a)
of
that section
included a
reference to the names of persons in respect of whom a duty to
register arises under
sub-paragraph (1)
of
this paragraph
;
(d)
section 9E
(1)
(duty of registration officer to give an invitation to
apply for registration) does not apply in relation to the registration
of a person in a register of parliamentary electors while a registration
officer is determining whether the duty under
sub-paragraph (1)
of
this paragraph
applies in respect of the person;
(e)
section 13A
(1)
(za)
(publication of revised register) has effect as if it
included a reference to a registration officer being required under
sub-paragraph (1)
of
this paragraph
to enter a person in the register;
(f)
section 56
(registration appeals) has effect as if the decisions listed
in
subsection (1)
of
that section
included—
(i)
a decision of a registration officer to register a person under
sub-paragraph (1)
of
this paragraph
;
(ii)
a decision of a registration officer not to register a person
under
sub-paragraph (1)
of
this paragraph
.
(7)
In
this paragraph
—
anonymous entry
has the same meaning as in
RPA 1983
(see section
9B(4));
register of local government electors
means a register of local
government electors maintained under
section 9
(1)
(b)
of
RPA 1983
(registers of local government electors);
register of parliamentary electors
means a register of parliamentary
electors maintained under
section 9
(1)
(a)
of
RPA 1983
(registers of
parliamentary electors);
Scottish registration officer
means a registration officer appointed
under
section 8
(3)
of
RPA 1983
;
Welsh registration officer
means a registration officer appointed
under
section 8
(2A)
of
RPA 1983
.
Registration under
paragraph 17
: local connection and service declarations
18
(1)
This paragraph
applies to a person who, immediately before the coming
into force of
section 1
of this Act, is registered in a register of local
government electors pursuant to—
(a)
a qualifying declaration of local connection, or
(b)
a qualifying service declaration.
(2)
For the purposes of
paragraph 17
(2)
(d)
—
(a)
the qualifying declaration of local connection or the qualifying
service declaration (as the case may be) is to be taken to have effect
for the purposes of the person’s registration in a register of
parliamentary electors, and
(b)
section 7C
(1)
and
17
(1)
of
RPA 1983
have effect as if the reference
to when the person applies for registration were a reference to the
time immediately after
section 1
of this Act comes into force.
(3)
RPA 1983
applies in connection with the registration of the person in a
register of parliamentary electors under
paragraph 17
(1)
with the following
modifications (in addition to the modifications described in
paragraph
17
(6)
)—
(a)
section 7C
(2)
(a)
(entitlement to remain registered pursuant to a
declaration of local connection to cease 12 months after registration)
has effect as if the entry in the register of parliamentary electors
took effect at the same time as the entry in the register of local
government electors;
(b)
section 7C
(2)
(c)
(entitlement to remain registered pursuant to a
declaration of local connection to cease when another entry in a
register takes effect) has effect as if the reference to another entry
in any register of electors did not include the entry in the register
of parliamentary electors made under
paragraph 17
(1)
;
(c)
section 15
(2)
(a)
(entitlement to remain registered pursuant to a
service declaration to cease 12 months after registration) has effect
as if the entry in the register of parliamentary electors took effect
at the same time as the entry in the register of local government
electors;
(d)
section 15
(2)
(c)
(entitlement to remain registered pursuant to a
service declaration to cease when another entry in a register takes
effect) has effect as if the reference to another entry in any register
of electors did not include the entry in the register of parliamentary
electors made under
paragraph 17
(1)
.
(4)
A “qualifying declaration of local connection” means—
(a)
in relation to registration as a local government elector in Wales, a
declaration falling within
section 7B
(7B)
(a)
or
(c)
of
RPA 1983
(as
those provisions extend to England and Wales);
(b)
in relation to registration as a local government elector in Scotland,
a declaration falling within
section 7B
(7B)
(a)
or
(b)
of
that Act
(as
those provisions extend to Scotland).
(5)
A “qualifying service declaration” means—
(a)
in relation to registration as a local government elector in Wales, a
declaration falling within
section 15
(5B)
(a)
or
(c)
of
RPA 1983
(as
those provisions extend to England and Wales);
(b)
in relation to registration as a local government elector in Scotland,
a declaration falling within
section 15
(5B)
(a)
or
(b)
of
that Act
(as
those provisions extend to Scotland).
(6)
In
this paragraph
, “register of local government electors” and “register of
parliamentary electors” have the same meaning as in
paragraph 17
.
Registration under
paragraph 17
: absent voters
19
(1)
This paragraph
applies where—
(a)
a registration officer registers a person in a register of parliamentary
electors under
paragraph 17
, and
(b)
the person appears on—
(i)
a record kept by the registration officer under
paragraph
3
(4)
of
Schedule 4
to
RPA 2000
(record of applications
granted for postal and proxy vote for an indefinite or other
period), or
(ii)
a list kept by the officer under
paragraph 5
of
that Schedule
(absent voters list for particular elections).
(2)
The registration officer must give notice in writing to the person which—
(a)
states that the person has been registered in a register of
parliamentary electors,
(b)
explains the effect of a person’s entry in a record or list described
in
sub-paragraph (1)
(b)
, and
(c)
provides information about making an application for a postal or
proxy vote for parliamentary elections under
paragraph 3
or
4
of
Schedule 4
to
RPA 2000
.
(3)
In
this paragraph
, “register of parliamentary electors” has the same meaning
as in
paragraph 17
.
Schedule 2
Section 19
Registration etc without an applicationfurther provision
RPA 1983
1
RPA 1983
is amended as follows.
2
In
section 4
(entitlement to be registered as parliamentary or local
government elector), in
subsection (6)
, in the definition of “the relevant
date”—
(a)
after “means” insert “whichever of the following is relevant”;
(b)
at the end insert—
(c)
in the case of a person who is the subject of a notice
under
section 12B
(1)
, the date on which the response
period specified in the notice ends or, if earlier, the
date during that period on which the person confirms
that they wish to be registered under
section 12A
.
3
In
section 9
(registers of electors), in
subsection (2)
(a)
, after “whom” insert
—
(i)
a duty to register arises under
section 12A
, or
(ii)
.
4
In
section 9E
(maintenance of registers: invitations to register in Great
Britain), before
subsection (2)
insert—
(1B)
Subsection (1) does not apply in relation to the registration of a
person in a register of electors if—
(a)
the registration officer has a duty to register the person in
the register under
section 12A
,
(b)
the registration officer has given the person a notice in
relation to the register under
section 12B
(1)
and the response
period specified in the notice has not ended,
(c)
the registration officer has a duty to give the person a notice
in relation to the register under
section 12B
(1)
,
(d)
the registration officer has yet to complete any steps
prescribed under section 53 in connection with the duties
under
section 12A
or
12B
as they relate to the person, or
(e)
for other reasons, the registration officer has yet to decide
whether the duty under
section 12A
or
12B
applies in relation
to the person.
5
In the heading of
section 10ZC
(registration of electors in Great Britain), at
the end insert “: applications for registration”.
6
In the heading of
section 10ZD
(registration of electors in Great Britain:
alterations), after “Britain:” insert “applications for”.
7
In
section 13A
(alteration of registers), in
subsection (1)
, after
paragraph
(a)
insert—
(aa)
is required by
section 12A
(1)
to enter a person in the register;
(ab)
is required by
section 12E
(1)
to alter a person’s entry in the
register;
.
8
In
section 13AB
(alteration of registers in Great Britain: interim publication
dates), in
subsection (1)
(a)
, before “(b)” insert “(aa), (ab),”.
9
In
section 13B
(alteration of registers in Great Britain: pending elections),
in
subsection (2)
, as it extends to England and Wales and Scotland, in
paragraph (a)
, before “(b)” insert “(aa), (ab),”.
10
In
section 13BA
(alteration of registers in Northern Ireland: pending
elections), in
subsection (5)
(a)
, after “13A(1)(a),” (inserted by
section 34
(3)
(c)
of this Act) insert “(aa), (ab),”.
11
In
section 56
(registration appeals: England and Wales), in
subsection (1)
, after
paragraph (ab)
insert—
(aba)
from any decision of a registration officer to register a person
under
section 12A
(1)
;
(abb)
from any decision of a registration officer to alter a person’s
entry in a register under
section 12E
(1)
;
.
12
In
section 58
(registration appeals: Northern Ireland), in
subsection (1)
, after
paragraph (ba)
insert—
(baa)
from any decision of the Chief Electoral Officer for Northern
Ireland to register a person under
section 12A
(1)
;
(bab)
from any decision of the Chief Electoral Officer for Northern
Ireland to alter a person’s entry in a register under
section
12E
(1)
;
.
13
In
section 201
(regulations)—
(a)
in
subsection (2)
, after
paragraph (a)
(inserted by
paragraph 50
of
Schedule 8
to this Act) insert—
(aa)
section
12B
(5)
,
12C
(4)
,
12F
(5)
or
12G
(4)
,
;
(b)
in
subsection (2A)
, after
paragraph (a)
(inserted by
paragraph 50
of
Schedule 8
to this Act) insert—
(aa)
section
12B
(5)
,
12C
(4)
,
12F
(5)
or
12G
(4)
,
.
14
In
Schedule 2
(provisions which may be contained in regulations as to
registration etc), after
paragraph 1B
insert—
1BA
Provision authorising or requiring a registration officer to take
specified steps for the purpose of deciding, for the purposes of
section
12A
,
12B
,
12E
or
12F
, whether a person is of voting age
and entitled to be registered in the register.
RPA 1985
15
RPA 1985
is amended as follows.
16
In
section 1A
(qualification as an overseas elector in respect of a
constituency), after
subsection (4)
insert—
(4A)
For the purposes of subsections (2)(b) and (3)(c), the person’s
inclusion in an electoral register is to be disregarded where—
(a)
the person was included by means of an entry made in the
register under section 9ZA or
12A
of the principal Act
(registration without an application),
(b)
the person did not inform the registration officer that they
wanted the entry to be made, and
(c)
immediately before the entry was made, the person—
(i)
was a British citizen,
(ii)
was not resident in the United Kingdom, and
(iii)
satisfied the previous registration condition or the
previous residence condition (where relevant, read
with this subsection).
17
In
section 1C
(overseas elector’s declaration), after
subsection (2)
insert—
(2A)
Section 1A
(4A)
applies for the purposes of subsection (2)(b) as it
applies for the purposes of section 1A(2)(b).
18
In
section 1D
(duration of entitlement to be registered in pursuance of an
overseas elector’s declaration), after
subsection (4)
insert—
(4A)
For the purposes of subsection (4)(d), an entry made in an electoral
register in respect of the person is to be disregarded where—
(a)
the entry was made under section 9ZA or
12A
of the
principal Act (registration without an application),
(b)
the person did not inform the registration officer that they
wanted the entry to be made, and
(c)
immediately before the entry was made, the person—
(i)
was a British citizen,
(ii)
was not resident in the United Kingdom, and
(iii)
could validly make the statement described in
subsection (2)(b) of section 1E (where relevant, read
with
subsection (2A)
of that section).
19
In
section 1E
(renewal declaration), after
subsection (2)
insert—
(2A)
Section 1D
(4A)
applies for the purposes of subsection (2)(b) as it
applies for the purposes of section 1D(4)(d).
Schedule 3
Section 48
Absent voting
Part 1
Absent voting in Great Britain
Introduction
1
Schedule 4
to
RPA 2000
(absent voting in Great Britain) is amended as set
out in
paragraphs 2
to
12
.
Interpretation
2
In
paragraph 1
(interpretation), after
sub-paragraph (1)
insert—
(1A)
In this Schedule, except as otherwise provided, a reference to
someone who will be registered includes someone who has
applied to be registered where there is no reason not to register
them other than the fact that the objections period has not ended.
(1B)
In sub-paragraph (1A) “the objections period”, in relation to an
application for registration, means the period prescribed under
section 10ZC(2) of the 1983 Act for making objections to the
application before it is determined.
(1C)
Provisions in this Schedule imposing duties to grant an
application, or to take steps once an application is granted, are
subject to regulations under
paragraph 7G
(refusing or
disregarding applications).
Regulations
3
After
paragraph 1
insert—
Regulations
1A
(1)
Regulations under this Schedule are to be made by the appropriate
national authority.
(2)
“The appropriate national authority” means—
(a)
in relation to local government elections in Scotland, the
Scottish Ministers;
(b)
in relation to local government elections in Wales, the
Welsh Ministers;
(c)
in relation to other elections, the Secretary of State.
(3)
Regulations made by the Scottish Ministers under this Schedule
are subject to the affirmative procedure (see
section 29
of the
Interpretation and Legislative Reform (Scotland) Act 2010
(asp
10)).
(4)
Regulations made by the Welsh Ministers under this Schedule
are subject to the Senedd approval procedure (see
section 37C
of
the
Legislation (Wales) Act 2019
(anaw 4)).
Absent vote at elections for a period
4
(1)
Paragraph 3
(absent vote at elections for a period) is amended as follows.
(2)
In
sub-paragraph (1A)
,
for
paragraph (a)
(but not the “or” at the end)
substitute—
(a)
the maximum permitted period (see
sub-paragraph (1AA)
),
.
(3)
After
sub-paragraph (1A)
insert—
(1AA)
The maximum permitted period is—
(a)
in a case in which the registration officer both receives
and grants the application under sub-paragraph (1) in a
period beginning with 1 October and ending with 30
January in the next year, the period ending with the fourth
31 January following the date on which the application is
granted;
(b)
in any other case, the period ending with the third 31
January following the date on which the application is
granted.
(4)
In
sub-paragraph (4)
, in the words before
paragraph (a)
, for “this paragraph”
substitute “sub-paragraph (1) or (2)”.
(5)
After
sub-paragraph (4)
insert—
(4A)
Where—
(a)
a person is shown in the record in respect of a kind of
election, and
(b)
a subsequent application by the person under
sub-paragraph (1) or (2) is granted in respect of that kind
of election,
the registration officer must ensure that, so far as relating to that
person in respect of that kind of election, the record shows only
the information required to be shown by virtue of the subsequent
application.
(6)
In
sub-paragraph (5)
—
(a)
in the words before
paragraph (a)
, after “record” insert “in respect
of a kind of election”;
(b)
for
paragraph (a)
substitute—
(a)
if the officer grants an application by the person to
be removed (and see
sub-paragraph (5A)
),
(aza)
if the officer grants an application by the person
under paragraph 4(1), (2) or (2A) to vote by post or
by proxy at a particular election of the kind in
question, unless regulations require the person not
to be removed,
(azb)
where the person’s application under sub-paragraph
(1) or (2) of this paragraph was granted in reliance
on paragraph 1(1A), if the person’s application for
registration is subsequently refused or withdrawn,
.
(7)
After
sub-paragraph (5)
insert—
(5A)
The registration officer must grant an application under
sub-paragraph (5)
(a)
that meets the prescribed requirements.
(5B)
Regulations under sub-paragraph (5)
(aza)
may, among other
things, make provision by reference to circumstances relating to
the registration officer’s satisfaction as to any matter.
(8)
Omit
sub-paragraphs (6)
to
(7B)
.
Postal vote at elections for a periodalternative arrangements
5
After
paragraph 3
insert—
Postal vote at elections for a periodalternative arrangements for particular
election
3A
(1)
Where a person is shown in the record kept under paragraph
3(4) as voting by post at a kind of election, the person may apply
to the registration officer—
(a)
for the person’s ballot paper for a particular election of
the kind in question to be sent to a different address from
that shown in the record;
(b)
to vote instead in person at a particular election of the
kind in question (as mentioned in paragraph 2(2)).
(2)
The registration officer must grant an application under this
paragraph that meets the prescribed requirements.
Absent vote at particular election
6
In
paragraph 4
(absent vote at particular election) omit
sub-paragraphs (3)
and
(4)
.
Absent voters list
7
(1)
Paragraph 5
(absent voters list) is amended as follows.
(2)
In
sub-paragraph (2)
(b)
—
(a)
for “paragraph 3 as” substitute “paragraph 3(4) as”;
(b)
for “(excluding those so shown whose applications under paragraph
4(3)(b) above to vote by proxy at the election have been granted)”
substitute “and who are not excluded persons (see
sub-paragraph
(2A)
)”;
(c)
for “paragraph 3 or” substitute “paragraph 3(1) or (2) or”;
(d)
for “paragraph 4(3)(a)” substitute “
paragraph 3A
(1)
(a)
”.
(3)
After sub-paragraph (2) insert—
(2A)
For the purpose of sub-paragraph (2)(b), a person is “excluded”
if—
(a)
an application by the person under
paragraph 3A
(1)
(b)
to
vote in person at the election concerned has been granted,
(b)
in respect of elections of the kind in question, the person
is for the time being shown in the record kept under
paragraph 3(4) as voting by post only by virtue of
regulations under paragraph 3(5)
(aza)
(exceptions from
duty to remove person from record where application
under paragraph 4(1), (2) or (2A) granted), or
(c)
in respect of elections of the kind in question, the person
is for the time being shown in the record kept under
paragraph 3(4) as voting by post by virtue of an
application granted for a period which is to expire—
(i)
on or after the day on which the notice of an
election must be published, and
(ii)
before the day of the poll for the election.
(2B)
In relation to a person shown in the postal voters list in respect
of whom a subsequent application is granted—
(a)
under paragraph 3(1) to vote by post at elections of the
kind in question, or
(b)
under paragraph 4(1) to vote by post at the election in
question,
the registration officer must ensure that the list shows only the
information required to be shown by virtue of the subsequent
application (and any associated change to the record kept under
paragraph 3(4)).
(2C)
The registration officer must remove from the postal voters list
a person who is shown in the list by virtue of sub-paragraph
(2)(a)—
(a)
if the officer grants an application by the person to be
removed (and see
sub-paragraph (3D)
),
(b)
if the officer grants an application by the person under
paragraph 3(2) to vote by proxy at elections of the kind
in question,
(c)
if the officer grants an application by the person under
paragraph 4(2) or (2A) to vote by proxy at the election in
question,
(d)
where the person’s application under paragraph 4(1) was
granted in reliance on paragraph 1(1A), if the person’s
application for registration is subsequently refused or
withdrawn, or
(e)
where the person is a registered person, if the person
ceases to be registered or registered at the same qualifying
address or ceases to be, or becomes, registered in
pursuance of—
(i)
a service declaration,
(ii)
a declaration of local connection, or
(iii)
an overseas elector’s declaration.
(4)
In
sub-paragraph (3)
—
(a)
in
paragraph (a)
, for “(3)” substitute “(2A)”;
(b)
in
paragraph (b)
—
(i)
for “paragraph 3” substitute “paragraph 3(4)”;
(ii)
after “question” insert “and who are not excluded persons
(see
sub-paragraph (3A)
)”.
(5)
After
sub-paragraph (3)
insert—
(3A)
For the purpose of sub-paragraph (3)(b), a person is “excluded”
if, in respect of elections of the kind in question, the person is
for the time being shown in the record kept under paragraph
3(4) as voting by proxy only by virtue of regulations under
paragraph 3(5)
(aza)
(exceptions from duty to remove person from
record where application under paragraph 4(1), (2) or (2A)
granted).
(3B)
In relation to a person shown in the list of proxies in respect of
whom a subsequent application is granted—
(a)
under paragraph 3(2) to vote by proxy at elections of the
kind in question, or
(b)
under paragraph 4(2) or (2A) to vote by proxy at the
election in question,
the registration officer must ensure that the list shows only the
information required to be shown by virtue of the subsequent
application (and any associated change to the record kept under
paragraph 3(4)).
(3C)
The registration officer must remove from the list of proxies a
person who is shown in the list by virtue of sub-paragraph
(3)(a)—
(a)
if the officer grants an application by the person to be
removed (and see
sub-paragraph (3D)
),
(b)
if the officer grants an application by the person under
paragraph 3(1) to vote by post at elections of the kind in
question,
(c)
if the officer grants an application by the person under
paragraph 4(1) to vote by post at the election in question,
(d)
where the person’s application under paragraph 4(2) was
granted in reliance on paragraph 1(1A), if the person’s
application for registration is subsequently refused or
withdrawn, or
(e)
where the person is a registered person, if the person
ceases to be registered or registered at the same qualifying
address or ceases to be, or becomes, registered in
pursuance of—
(i)
a service declaration,
(ii)
a declaration of local connection, or
(iii)
an overseas elector’s declaration.
(3D)
The registration officer must grant an application under
sub-paragraph (2C)
(a)
or
(3C)
(a)
that meets the prescribed
requirements.
Proxies at elections
8
(1)
Paragraph 6
(proxies at elections) is amended as follows.
(2)
In
sub-paragraph (3)
—
(a)
the words from “the person” to the end become
paragraph (a)
;
(b)
in
that paragraph
omit “or will be”;
(c)
after
that paragraph
insert
, or
(b)
ignoring paragraph 1
(1A)
, the person will be
registered in such a register.
(3)
In
sub-paragraph (3A)
—
(a)
the words from “the person” to the end become
paragraph (a)
;
(b)
in
that paragraph
omit “or will be”;
(c)
after
that paragraph
insert
, or
(b)
ignoring paragraph 1
(1A)
, the person will be
registered in such a register.
(4)
In
sub-paragraph (7)
(b)
, for “paragraph 3” substitute “paragraph 3(4)”.
(5)
In
sub-paragraph (8)
(b)
, for “(3)” substitute “(2A)”.
(6)
In
sub-paragraph (10)
—
(a)
in the words before
paragraph (a)
, for “may be cancelled by the
elector by giving notice to the registration officer and shall also
cease” substitute “ceases”;
(b)
before
paragraph (a)
insert—
(za)
if the registration officer grants an application by the
elector to cancel the appointment (and see
sub-paragraph (10A)
),
;
(c)
in
paragraph (a)
—
(i)
after “parliamentary elections”, in the first place it occurs,
insert
—
(i)
on the proxy ceasing to be registered
in a register of parliamentary electors
in Great Britain or Northern Ireland,
or
(ii)
;
(ii)
in the words that become
sub-paragraph (ii)
, for “him”
substitute “the elector”;
(d)
in
paragraph (b)
—
(i)
after “local government elections”, in the first place it occurs,
insert
—
(i)
on the proxy ceasing to be registered
in a register of local government
electors in Great Britain or Northern
Ireland, or
(ii)
;
(ii)
in the words that become
sub-paragraph (ii)
, for “him”
substitute “the elector”.
(7)
After
sub-paragraph (10)
insert—
(10A)
The registration officer must grant an application under
sub-paragraph (10)
(za)
that meets the prescribed requirements.
(8)
In
sub-paragraph (11)
—
(a)
in the words before
paragraph (a)
, for “Subject to” substitute “Except
where the appointment ceases to be in force by virtue of”;
(b)
in
paragraph (a)
, for “for that election” substitute “while the elector
is shown as voting by proxy at that election in the list kept under
paragraph 5(3)”;
(c)
in
paragraph (b)
, for “paragraph 3” substitute “paragraph 3(4)”.
Voting as proxy
9
(1)
Paragraph 7
(voting as proxy) is amended as follows.
(2)
In
sub-paragraph (5A)
, for
paragraph (a)
(but not the “or” at the end)
substitute—
(a)
the maximum permitted period (see
sub-paragraph (5B)
),
.
(3)
After
sub-paragraph (5A)
insert—
(5B)
The maximum permitted period is—
(a)
in a case in which the registration officer both receives
and grants the application under sub-paragraph (4)(a) in
a period beginning with 1 October and ending with 30
January in the next year, the period ending with the fourth
31 January following the date on which the application is
granted;
(b)
in any other case, the period ending with the third 31
January following the date on which the application is
granted.
(4)
After
sub-paragraph (6)
insert—
(6A)
Where—
(a)
a person is included in the record kept under
sub-paragraph (6) in respect of a kind of election, and
(b)
a subsequent application by the person under
sub-paragraph (4)(a) is granted in respect of that kind of
election,
the registration officer must ensure that, so far as relating to that
person in respect of that kind of election, the record shows only
the information required to be shown by virtue of the subsequent
application.
(5)
Omit
sub-paragraph (7)
.
(6)
In
sub-paragraph (8)
(a)
—
(a)
after “kind in question” insert “and who are not excluded persons
(see
sub-paragraph (8ZA)
)”;
(b)
for “sub-paragraph (7)” substitute “
paragraph 7ZA
(1)
(a)
”.
(7)
After
sub-paragraph (8)
insert—
(8ZA)
For the purpose of sub-paragraph (8)(a) a person is “excluded”
if—
(a)
an application by the person to vote in person at the
election in question has been granted or (see
paragraph
7ZA
(1)
(b)
), or
(b)
in respect of elections of the kind in question, the person
is for the time being shown in the record kept under
sub-paragraph (6) as voting by post by virtue of an
application under sub-paragraph (4)(a) granted for a
period which is to expire—
(i)
on or after the day on which the notice of the
election must be published, and
(ii)
before the day of the poll for the election.
(8ZB)
In relation to a person shown in the proxy postal voters list in
respect of whom a subsequent application is granted—
(a)
under sub-paragraph (4)(a) to vote by post as proxy at
elections of the kind in question, or
(b)
under sub-paragraph (4)(b) to vote by post as proxy at
the election in question,
the registration officer must ensure that the list shows only the
information required to be shown by virtue of the subsequent
application (and any associated change to the record kept under
sub-paragraph (6)).
(8)
In
sub-paragraph (9)
—
(a)
in the words before
paragraph (a)
, after “sub-paragraph (6)” insert
“in respect of a kind of election”;
(b)
for
paragraph (a)
substitute—
(a)
if the officer grants an application by the person to
be removed (and see
sub-paragraph (9B)
),
(aa)
if the officer grants an application by the person
under sub-paragraph (4)(b) to vote by post as proxy
at a particular parliamentary or local government
election
;
(c)
omit
paragraph (b)
.
(9)
After
sub-paragraph (9)
insert—
(9A)
The registration officer must remove from the proxy postal voters
list a person who is shown in the list by virtue of an application
under sub-paragraph (4)(b)—
(a)
if the officer grants an application by the person to be
removed (and see
sub-paragraph (9B)
), or
(b)
if the person’s appointment as proxy in respect of the
elector ceases to be in force (whether or not the person is
reappointed).
(9B)
The registration officer must grant an application under
sub-paragraph (9)(a) or
(9A)
(a)
that meets the prescribed
requirements.
Voting by post as proxy at elections for a periodalternative arrangements
10
After
paragraph 7
insert—
Voting by post as proxy for elections for a periodalternative arrangements for
particular elections
7ZA
(1)
Where a person is included in the record kept under paragraph
7(6) as voting by post as proxy at a kind of election, the person
may apply to the registration officer—
(a)
for the person’s ballot paper for a particular election of
the kind in question to be sent to a different address from
that shown in the record;
(b)
to vote instead in person at a particular election of the
kind in question (as mentioned in paragraph 7(1)).
(2)
The registration officer must grant an application under this
paragraph that meets the prescribed requirements.
Power for Scottish Ministers to make certain regulationsconsequential repeal
11
Omit
paragraph 7F
(regulations under paragraph 7E in relation to local
government elections in Scotland) and the italic heading before it.
Refusing or disregarding applications
12
Before the italic heading before
paragraph 8
insert—
Refusing or disregarding applications
7G
(1)
Regulations may provide that—
(a)
a registration officer considering an application under this
Schedule during an election period must, in prescribed
circumstances, refuse the application, or
(b)
the grant of an application under this Schedule during
the election period for an election must, in prescribed
circumstances, be disregarded for the purposes of that
election.
(2)
Regulations under this paragraph may, among other things—
(a)
make provision by reference to circumstances relating to
a registration officer’s satisfaction as to any matter;
(b)
make provision about the information to be included in
a record or list kept under this Schedule where the grant
of an application must be disregarded.
(3)
In this paragraph, “election period” means a period which—
(a)
begins with the day on which the notice of an election
must be published, and
(b)
ends with the day of the poll for the election.
Part 2
Absent voting in Northern Ireland
Introduction
13
RPA 1985
is amended as set out in
paragraphs 14
to
17
.
Absent vote at elections for an indefinite period
14
(1)
Section 6
(absent vote at elections for an indefinite period) is amended as
follows.
(2)
In
subsection (1A)
(b)
(applications which state that the applicant does not
have a national insurance number), for the words from “no such number”
to the end substitute “the requirements of
subsection (1C)
below are met”.
(3)
After
subsection (1B)
insert—
(1C)
The requirements of this subsection are met if—
(a)
no national insurance number was supplied as the applicant’s
national insurance number pursuant to section 10(4A)(c)(i),
10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, and
(b)
the registration officer does not have any reason to believe
that the applicant has a national insurance number.
(4)
In
subsection (4)
, after
paragraph (a)
insert—
(aa)
in the case of a person whose application under this section
is granted in reliance on
subsection (9)
(meaning of references
to someone who will be registered), if the person’s
application for registration is subsequently refused or
withdrawn,
.
(5)
After
subsection (8)
insert—
(9)
In this section—
(a)
a reference to someone who will be registered includes
someone who has applied to be registered where there is no
reason not to register them other than the fact that the
objections period has not ended;
(b)
a reference to someone who will be digitally registered, or
whose registration will be pursuant to an application
submitted through the UK digital service, includes someone
who has applied to be registered through that service where
there is no reason not to register them other than the fact
that the objections period has not ended.
(10)
In
subsection (9)
“the objections period”, in relation to an application
for registration, means the period prescribed under section 10A(3)
of the principal Act for making objections to the application before
it is determined.
Absent vote at a particular election
15
(1)
Section 7
(absent vote at a particular election) is amended as follows.
(2)
In
subsection (1A)
(b)
(applications which state that the applicant does not
have a national insurance number), for the words from “no such number”
to the end substitute “the requirements of
subsection (1C)
below are met”.
(3)
After
subsection (1B)
insert—
(1C)
The requirements of this subsection are met if—
(a)
no national insurance number was supplied as the applicant’s
national insurance number pursuant to section 10(4A)(c)(i),
10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, and
(b)
the registration officer does not have any reason to believe
that the applicant has a national insurance number.
(4)
After
subsection (4A)
insert—
(4B)
The registration officer must remove from the absent voters list a
person who is shown in the list by virtue of an application under
subsection (1)—
(a)
where that application was granted in reliance on
subsection
(8)
(meaning of references to someone who will be
registered), if the person’s application for registration is
subsequently refused or withdrawn, or
(b)
in the case of any registered person, if the person ceases to
be registered or registered at the same qualifying address
or ceases to be, or becomes, registered as a service voter or
in pursuance of a declaration of local connection or an
overseas elector’s declaration.
(5)
After
subsection (7)
insert—
(8)
Subsection (9)
of section 6 (meaning of references to someone who
will be registered) has effect for the purposes of this section as it
has effect for the purposes of that section.
Proxies at elections
16
(1)
Section 8
(proxies at elections) is amended as follows.
(2)
After
subsection (7A)
insert—
(7B)
Subsection (9)
(a)
of section 6 (meaning of references to someone
who will be registered) has effect for the purposes of subsections
(6) and (7) of this section as it has effect for the purposes of that
section.
(3)
In
subsection (9)
, after “cease to be in force” insert “—
(a)
where the appointment is made in reliance on
subsection
(7B)
(meaning of references to someone who will be
registered), if the elector’s application for registration is
subsequently refused or withdrawn, or
(b)
.
Voting as proxy
17
(1)
Section 9
(voting as proxy) is amended as follows.
(2)
After
subsection (10)
insert—
(10A)
Subsection (9)
(a)
of section 6 (meaning of references to someone
who will be registered) has effect for the purposes of subsection
(10)(a) of this section as it has effect for the purposes of that section.
(3)
In
subsection (11)
, after
paragraph (a)
insert—
(aa)
where the person’s application under subsection (4) is
granted in reliance on
subsection (10A)
(meaning of
references to someone who will be registered), if the elector’s
application for registration is subsequently refused or
withdrawn,
(4)
After
subsection (11)
insert—
(11ZA)
The registration officer must remove from the special list kept under
subsection (9) a person who is shown in the list by virtue of an
application under subsection (7)—
(a)
where the person was included in the special list on the
ground mentioned in subsection (7)(b), if the person ceases
to be included in the absent voters list by virtue of which
the person was included in the special list,
(b)
where the person was included in the special list on the
ground mentioned in subsection (7)(c), if the elector ceases
to have an anonymous entry,
(c)
if the elector ceases to be registered as mentioned in
subsection (10)(a),
(d)
where that application was granted in reliance on
subsection
(10A)
(meaning of references to someone who will be
registered), if the elector’s application for registration is
subsequently refused or withdrawn, or
(e)
if the appointment of the person concerned as the elector’s
proxy ceases to be in force (whether or not the person is
reappointed).
Part 3
Other provision relating to absent voting
Offences
18
RPA 1983
is amended as set out in
paragraphs 19
to
23
.
19
In
section 13CA
(offence of providing false information in connection with
applications relating to absent voting at Scottish local government elections),
in
subsection (2)
, for
paragraph (b)
substitute—
(b)
made under
Schedule 4
to the
Representation of the People
Act 2000
(absent voting).
20
In
section 13D
(offence of providing false information), in
subsection (1A)
—
(a)
for “to which any of the following provisions of” substitute “under”;
(b)
omit “applications relating to”;
(c)
omit “applies”;
(d)
omit
paragraphs (a)
to
(c)
.
21
In section 61 (voting offences other than personation), after subsection (1A)
insert—
(1B)
In subsection (1A), a reference to P being a person who will be
registered includes P being a person who has applied to be
registered where there is no reason not to register P other than the
fact that the objections period has not ended.
(1C)
In subsection (1B) “the objections period”, in relation to an
application for registration, means the period prescribed under
section 10ZC(2) (in relation to Great Britain) or 10A(3) (in relation
to Northern Ireland) for making objections to the application before
it is determined.
22
In
section 62A
(offences relating to applications for postal and proxy
votes)—
(a)
in the heading, at the end insert “etc”;
(b)
in
subsection (2)
, in
paragraph (b)
, for “application for a postal or
proxy vote” substitute “absent voting application”;
(c)
after
subsection (4)
insert—
(4A)
In subsection (2)(b), “absent voting application” means—
(a)
an application under
Schedule 4
to the
Representation
of the People Act 2000
(absent voting in Great
Britain);
(b)
an application under
section 6
,
7
,
8
or
9
of the
Representation of the People Act 1985
(absent voting
in Northern Ireland).
23
In
section 62B
(Scottish local government elections: offences relating to
applications for postal and proxy votes)—
(a)
in the heading, at the end insert “etc”;
(b)
in
subsection (3)
, in
paragraph (b)
, for “for a postal or proxy vote”
substitute “under Schedule 4 to the Representation of the People
Act 2000 (absent voting)”.
Regulations as to registration etc
24
(1)
Schedule 2
to
RPA 1983
(provisions which may be contained in regulations
as to registration etc) is amended as follows.
(2)
In
paragraph 1
, in
sub-paragraph (5A)
(references to a registration officer’s
registration duties)—
(a)
in
paragraph (a)
(ii)
omit “paragraph 3, 4 or 6 of”;
(b)
in
paragraph (b)
(ii)
, for “or 8” substitute “, 8 or 9”.
(3)
In
paragraph 1A
, in
sub-paragraph (7)
(a)
(meaning of “relevant absent
voting application”)—
(a)
in
sub-paragraph (i)
omit “paragraph 3, 4 or 6 of”;
(b)
in
sub-paragraph (ii)
, for “or 8” substitute “, 8 or 9”.
(4)
In
paragraph 5ZB
(use of the UK digital service), in
sub-paragraph (6)
, in
the definition of “relevant devolved absent voting application” omit
“paragraph 3, 4 or 6 of”.
(5)
In
paragraph 13
, in
sub-paragraph (1ZZA)
(references to a registration
officer’s registration duties)—
(a)
in
paragraph (a)
(ii)
omit “paragraph 3, 4 or 6 of”;
(b)
in
paragraph (b)
(ii)
, for “or 8” substitute “, 8 or 9”.
25
In
Part 1
of
Schedule 1
to the
Elected Authorities (Northern Ireland) Act
1989
(application of RPA 1983), in the entry beginning “Section 53 and, in
Schedule 2”, for “4 to 11A” substitute “4 to 5ZA and 5A to 11”.
Schedule 4
Section 52
Effect of the death of the Sovereign on certain elections and referendums
1
RPA 1985
is amended as follows.
2
After
section 20
insert—
20A
Demise of the Crown and certain other elections and referendums
Schedule 2A
makes provision about the effect of a demise of the
Crown on certain elections and referendums.
3
After
Schedule 2
insert—
Schedule 2A
Section 20A
Demise of the Crown and certain elections and referendums
Part 1
Application of this Schedule
Demise of the Crown during period before relevant election or local referendum
1
(1)
This Schedule applies to a relevant election or local referendum
if—
(a)
a demise of the Crown occurs, and
(b)
condition A or B is met.
(2)
Condition A
: the polling day for the election or referendum—
(a)
must be fixed under the legislation governing the election
or referendum,
(b)
has not been fixed when the demise of the Crown occurs,
and
(c)
could, under the legislation, only be fixed as a day which
falls within the 30-working day period after the demise.
(3)
Condition B
: the polling day for the election or referendum—
(a)
is known when the demise of the Crown occurs, and
(b)
is within the 30-working day period after the demise.
(4)
In determining whether this Schedule applies to a relevant election
or local referendum on the occurrence of a demise of the Crown,
any effect that the other paragraphs of this Schedule would have
on which day is the polling day must be disregarded.
(5)
Part 2
and
Parts 5
to
7
of this Schedule apply in any case where
this Schedule applies.
(6)
Part 3
of this Schedule applies only in a case where condition A
is met.
(7)
Part 4
of this Schedule applies only in a case where condition B
is met.
(8)
Any legislation relating to the conduct of relevant elections or
local referendums (whenever passed or made) has effect subject
to this Schedule, unless (in the case of legislation passed or made
after this Schedule) the contrary intention appears.
Part 2
Computation of periods of time
Days that are to be disregarded
2
(1)
Any working day within the period of 13 days beginning with
the day after the demise of the Crown—
(a)
must be disregarded in computing any period of time in
relation to a relevant election or local referendum, and
(b)
must not be treated as a day for the purpose of any
proceedings before the polling day.
(2)
This paragraph is subject to
paragraph 7
.
Part 3
Fixing of polling day
Polling day not fixedwhen polling day is to fall
3
(1)
This paragraph applies only in a case where condition A in
paragraph 1
(2)
is met.
(2)
Paragraph 2
(1)
(a)
applies (in particular) to the computation of
the period within which the day to be fixed as the polling day
must fall.
(3)
The polling day must be fixed as a day falling after the end of
the 30-working day period after the demise.
(4)
A polling day fixed in accordance with this paragraph is subject
to
paragraphs 5
and
6
.
(5)
In this paragraph, “polling day” means the polling day for the
relevant election or local referendum.
Part 4
Postponement of polling day
Polling day knownpostponement for 14 days
4
(1)
This paragraph applies only in a case where condition B in
paragraph 1
(3)
is met.
(2)
The polling day for the relevant election or local referendum is
to be—
(a)
the 14th day after the day that would otherwise be the
polling day, or
(b)
if the 14th day is not a working day, the next working
day after the 14th day,
(instead of the day that would otherwise be the polling day).
(3)
This paragraph is subject to
paragraphs 5
and
6
.
Part 5
Change of polling day
Change of polling day by regulations
5
(1)
A Minister of the Crown may by regulations appoint an
alternative polling day which may be—
(a)
no earlier than the 7th day before the day which would
otherwise be the polling day, and
(b)
no later than the 7th day after the day that would
otherwise be the polling day.
(2)
The polling day for the relevant election or local referendum is
to be the alternative polling day appointed in the regulations
(instead of the day which would otherwise be the polling day).
(3)
A Minister of the Crown may not make regulations under this
paragraph unless the Electoral Commission has recommended
that those regulations should be made.
(4)
Before making regulations under this paragraph in relation to
the election of—
(a)
a member of Senedd Cymru, or
(b)
a member of a Welsh local authority,
a Minister of the Crown must also consult the Welsh Ministers.
(5)
Regulations under this paragraph are to be made by statutory
instrument.
(6)
This paragraph is subject to
paragraph 6
.
Change of polling day where royal proclamation made under section 20(3A)
6
(1)
This paragraph applies if—
(a)
the poll for the relevant election or local referendum and
the poll at a parliamentary general election are combined,
and
(b)
a royal proclamation is made under section 20(3A)
appointing an alternative polling day for the parliamentary
general election.
(2)
The polling day for the relevant election or local referendum is
to be the alternative polling day appointed by the royal
proclamation (instead of the day which would otherwise be the
polling day).
(3)
For the purposes of this paragraph it does not matter whether
the legislation or action that causes the polls to be combined takes
effect before or after the demise of the Crown.
(4)
The application of this paragraph by virtue of a particular royal
proclamation is subject to any regulations under paragraph
5
made after the royal proclamation (but such regulations would
not prevent a further royal proclamation made under section 20
from having the effect provided for by this paragraph).
Consequential change to computation of periods of time
7
(1)
This paragraph applies if—
(a)
regulations are made under
paragraph 5
in relation to the
election or referendum, or
(b)
paragraph 6
applies to the election or referendum because
a royal proclamation is made under section 20(3A).
(2)
Any working day within the revised period beginning with the
day after the demise of the Crown—
(a)
must be disregarded in computing any period of time in
relation to the election or referendum, and
(b)
must not be treated as a day for the purpose of any
proceedings before the polling day.
(3)
For that purpose “revised period” means—
(a)
in a case where the relevant instrument appoints an
alternative polling day that is before the day that would
otherwise be the polling day, the period of days that is
calculated by this formula—
13
-
D
where D is the number of days that the alternative polling
day is before that other polling day;
(b)
in a case where the relevant instrument appoints an
alternative polling day that is after the day that would
otherwise be the polling day, the period of days that is
calculated by this formula—
13
+
D
where D is the number of days that the alternative polling
day is after that other polling day.
(4)
In this paragraph, “relevant instrument” means—
(a)
the regulations made under
paragraph 5
, or
(b)
the royal proclamation made under section 20(3A).
Part 6
Other changes
When terms of office end or start
8
(1)
In a case where—
(a)
the day on which a term of office ends is determined by
reference to a day which relates to a relevant election (the
“standard reference day”), and
(b)
the polling day for that relevant election changes to a
different day by virtue of this Schedule (the “alternative
polling day”),
the alternative polling day is to be used instead of the standard
reference day for the purpose of determining the end of the term
of office.
(2)
In a case where—
(a)
the day on which a term of office starts is determined by
reference to a day which relates to a relevant election (the
“standard reference day”), and
(b)
the polling day for that relevant election changes to a
different day by virtue of this Schedule (the “alternative
polling day”),
the alternative polling day is to be used instead of the standard
reference day for the purpose of determining the start of the term
of office.
(3)
Any legislation specifying or otherwise relating to the length of
a term of office (whenever passed or made) has effect subject to
any effect which this Schedule has on the length of the term of
office, unless (in the case of legislation passed or made after this
Schedule) the contrary intention appears.
(4)
In this paragraph a reference to a day which relates to a relevant
election includes—
(a)
the ordinary day of election for a relevant election, and
(b)
the day of the poll at a relevant election.
(5)
In this paragraph “term of office” means the term for which a
person serves as—
(a)
an elected mayor,
(b)
a member of the London Assembly,
(c)
a member of an English local authority,
(d)
a police and crime commissioner,
(e)
a member of the Northern Ireland Assembly,
(f)
a member of a district council in Northern Ireland, or
(g)
a member of a Welsh local authority.
Expenses legislation
9
(1)
This paragraph applies to any legislation (whenever passed or
made) which relates to the relevant election or local referendum
and limits the maximum amount of expenses that may be
incurred.
(2)
The legislation has effect as if the maximum amount were
increased by one half.
(3)
In this paragraph “expenses” means—
(a)
election expenses incurred by a candidate (in relation to
a relevant election), or
(b)
referendum expenses (in relation to a local referendum).
Notices and documents
10
Any notice or other document relating to the relevant election or
local referendum—
(a)
must be issued in accordance with the provisions of this
Schedule, or
(b)
if already issued, must be read in accordance with this
Schedule.
Part 7
Interpretation
Interpretation
11
In this Schedule—
elected mayor
means—
(a)
the Mayor of London,
(b)
the mayor for the area of a combined authority
provided for by an order under
section 107A
of
the
Local Democracy, Economic Development and
Construction Act 2009
,
(c)
the mayor for the area of a combined county
authority provided for by regulations under
section
27
of the
Levelling-up and Regeneration Act 2023
, or
(d)
an elected mayor within the meaning of
Part 1A
of the
Local Government Act 2000
(see section 9H
of that Act);
English local authority
means—
(a)
a county council in England,
(b)
a district council in England,
(c)
a parish council,
(d)
a London borough council, or
(e)
the Council of the Isles of Scilly;
local referendum
means a referendum under or by virtue
of—
(a)
Chapter 4
of
Part 1A
of the
Local Government Act
2000
(local authority governance: England),
(b)
section 52ZG
or
52ZN
of the
Local Government
Finance Act 1992
(referendums in relation to
council tax), or
(c)
Schedule 4B
or
4C
to the
Town and Country
Planning Act 1990
(referendums on neighbourhood
development plans);
Minister of the Crown
has the same meaning as in the
Ministers of the Crown Act 1975
(see section 8 of that
Act);
relevant bank holiday
means—
(a)
in a case where the poll for the relevant election
or local referendum and the poll at a parliamentary
general election are combined, a bank holiday
under the
Banking and Financial Dealings Act 1971
in any part of the United Kingdom;
(b)
in any other case, a bank holiday under
that Act
in the place where the relevant election or local
referendum is taking place;
relevant election
means the election of—
(a)
a Member of Parliament at a by-election,
(b)
an elected mayor,
(c)
a member of the London Assembly,
(d)
a member of an English local authority,
(e)
a police and crime commissioner,
(f)
a member of the Northern Ireland Assembly,
(g)
a member of a district council in Northern Ireland,
(h)
a member of Senedd Cymru at an extraordinary
general election (see
section 5
of the
Government
of Wales Act 2006
) if the poll at the election of the
member of the Senedd is combined with the poll
at the election of a police and crime commissioner,
or
(i)
a member of a Welsh local authority at a
by-election if the poll at the by-election is combined
with—
(i)
the poll at the election of a Member of
Parliament, or
(ii)
the poll at the election of a police and crime
commissioner;
and for the purposes of
paragraph (h)
or
(i)
the election
of the member of the Senedd or Welsh local authority
becomes a relevant election from the time when the poll
at that election and the poll at the other election are
combined;
Welsh local authority
means—
(a)
a county council in Wales,
(b)
a county borough council, or
(c)
a community council in Wales;
working day
means any day other than—
(a)
a Saturday or Sunday,
(b)
Christmas Eve, Christmas Day, Good Friday or a
relevant bank holiday, or
(c)
a day appointed for public thanksgiving or
mourning;
30-working day period after the demise
means the period
of 30 working days beginning with the day after the day
on which the demise of the Crown occurs.
Schedule 5
Section 53
Form of documents for elections and referendums
Electoral Law Act (Northern Ireland) 1962
1
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.
2
(1)
Section 41
(prohibition of unauthorised expenses) is amended as follows.
(2)
In
subsection (6)
, for “respectively in the forms numbered 2 and 3 in the
Tenth Schedule” substitute “in the prescribed form”.
(3)
After
subsection (6)
insert—
(7)
In subsection (6), “prescribed” means prescribed by regulations
under
section 84A
of the
Northern Ireland Act 1998
.
3
(1)
Section 47
(declaration as to expenses) is amended as follows.
(2)
In
subsection (1)
, for “form numbered 5 in the Tenth Schedule” substitute
“prescribed form”.
(3)
In
subsection (2)
, for “form numbered 5 in the Tenth Schedule” substitute
“prescribed form”.
(4)
In
subsection (3)
omit from “and” to the end.
(5)
After
subsection (4)
insert—
(5)
In this section, “prescribed” means prescribed by regulations under
section 84A
of the
Northern Ireland Act 1998
.
4
In
section 130
(interpretation), in
subsection (1)
, in the definition of
“prescribed”, after “twenty-seven” insert “, except where otherwise
provided”.
5
(1)
Schedule 5
(local elections rules) is amended as follows.
(2)
Omit rule 3A (forms).
(3)
After that rule insert—
Meaning of prescribed form of document
3B
In this Schedule, references to a prescribed form of a document
are references to a form prescribed by regulations made by the
Secretary of State under
section 84A
of the
Northern Ireland Act
1998
.
(4)
In rule 5 (nomination of candidates), in paragraph (1), for “form in the
Appendix” substitute “prescribed form”.
(5)
In rule 6 (subscription of nomination paper), in paragraph (4)—
(a)
in
sub-paragraph (a)
omit “form of”;
(b)
in the words following
paragraph (b)
, for “form” substitute
“nomination paper”.
(6)
In rule 7 (consent to nomination), in
paragraph (a)
, for “form in the
Appendix” substitute “prescribed form”.
(7)
In rule 16 (the ballot papers), in paragraph (2), in the words before
paragraph (a)
, for the words from “form in the Appendix” to “that
Appendix,” substitute “prescribed form”.
(8)
In rule 16A (corresponding number list)—
(a)
in paragraph (2)—
(i)
omit “form of”;
(ii)
for “form 4A in the Appendix” substitute “the prescribed
form”;
(b)
in paragraph (3)—
(i)
omit “form of the”;
(ii)
for “form 4B in the Appendix” substitute “the prescribed
form”.
(9)
In rule 21 (postal ballot papers), in paragraph (1), for “relevant form
prescribed in the Appendix” substitute “prescribed form”.
(10)
In rule 25 (issue of official poll cards), in paragraph (3), for “form prescribed
in the Appendix” substitute “prescribed form”.
(11)
In rule 26 (equipment of polling stations)—
(a)
in paragraph (3ZC)—
(i)
omit “Subject to paragraph (3ZD),”;
(ii)
for “form 8A in the Appendix” substitute “prescribed form”;
(b)
omit paragraph (3ZD);
(c)
in paragraph (4), for “form in the Appendix” substitute “prescribed
form”.
(12)
In rule 29 (admission to polling station), in paragraph (3), for “form in the
Appendix” substitute “prescribed form”.
(13)
In rule 36 (voting by persons with disabilities), in paragraph (5)(a), for
“form in the Appendix” substitute “prescribed form”.
RPA 1983
6
RPA 1983
is amended as follows.
7
In
section 36
(rules for local elections in England), at the end insert—
(8)
Any provision that may be included in rules made under this section
(being provision which, by virtue of section 105 of the Deregulation
Act 2015, may instead be included in regulations) may be included
in regulations which are required to be laid in draft before and
approved by a resolution of each House of Parliament.
8
(1)
Section 82
(declarations as to election expenses) is amended as follows.
(2)
In
subsection (2A)
—
(a)
omit the “and” at the end of
paragraph (b)
;
(b)
in
paragraph (c)
, for “in any other case,” substitute “in the case of
a candidate at a local government election in Wales or Scotland or
an election agent for such a candidate,”;
(c)
after
paragraph (c)
insert
; and
(d)
in any other case, is the prescribed form.
(3)
In
subsection (5)
—
(a)
after “own election agent” insert “—
(a)
;
(b)
after “and” insert—
(b)
in the case of a candidate at a local government
election in Wales or Scotland,
9
(1)
Section 201
(regulations) is amended as follows.
(2)
After
subsection (2A)
insert—
(2AA)
Regulations under the following provisions (which confer power to
make provision about the form of documents) are subject to
annulment in pursuance of a resolution of either House of
Parliament (and subsection (2) does not apply to them)—
(a)
section 75(3) so far as it relates to a return or declaration in
relation to a parliamentary election or a local government
election in England;
(b)
section 82(2A)(d);
(c)
in Schedule 1, rules 6(1), 8(1)(a), 19A(2), 24(1)(b) and (c),
28(3), 29(3ZA) and (4), 32(3) and 39(5)(a).
(3)
After
subsection (2C)
insert—
(2D)
Any provision that may be included in regulations under this Act
that are subject to annulment in pursuance of a resolution of either
House of Parliament may be included in regulations which are
required to be laid in draft before and approved by a resolution of
each House of Parliament.
10
(1)
Schedule 1
(rules for parliamentary elections) is amended as follows.
(2)
In rule 3 (issue of writ)—
(a)
in paragraph (2), for “in the Appendix” substitute “specified by His
Majesty by Order in Council”;
(b)
in paragraph (3), for “Her” substitute “His”;
(c)
in paragraph (6), for “shown in the Appendix” substitute “specified
by His Majesty by Order in Council”.
(3)
In rule 6 (nomination of candidates), in paragraph (1), for “form in the
Appendix” substitute “prescribed form”.
(4)
In rule 7 (subscription of nomination paper), in paragraph (4)—
(a)
in
sub-paragraph (a)
omit “form of”;
(b)
in the words following
paragraph (b)
, for “form” substitute
“nomination paper”.
(5)
In rule 8 (consent to nomination)—
(a)
in paragraph (1)(a), after “writing” insert “and in the prescribed
form”;
(b)
in paragraph (2), after “writing”, in both places where it occurs,
insert “and in the prescribed form”.
(6)
In rule 19 (the ballot papers)—
(a)
in paragraph (2), in the words before
paragraph (a)
, for the words
from “form in the Appendix” to “that Appendix,” substitute
“prescribed form”;
(b)
omit paragraph (4).
(7)
In rule 29 (equipment of polling stations), in paragraph (4), for “form in
the Appendix” substitute “prescribed form”.
(8)
In rule 39 (voting by persons with disabilities), in paragraph (5)(a), for
“form in the Appendix” substitute “prescribed form”.
(9)
In rule 51 (return to the writ)—
(a)
in paragraph (1), for “in the Appendix” substitute “specified by His
Majesty by Order in Council”;
(b)
after paragraph (6) insert—
(7)
A draft of an Order in Council under paragraph (1)—
(a)
must be laid before Parliament, and
(b)
may include incidental or supplementary
provision.
11
In
Schedule 3
(return and declarations as to election expenses), in the Form
of Declarations—
(a)
after “Election in the” insert “(
insert as appropriate
county of”;
(b)
omit the words from “constituency” to “county of”;
(c)
omit “district of”;
(d)
omit “
, or as the case may be
”;
(e)
in
paragraph 2
, for “returning officer, (
at a local government election,
substitute
appropriate officer)” substitute “appropriate officer”.
RPA 1985
12
RPA 1985
is amended as follows.
13
In
section 8
(proxies at parliamentary elections in Northern Ireland), in
subsection (8)
, after “paper” insert “in the prescribed form.”
14
In
section 27
(interpretation), before
subsection (3)
insert—
(2B)
A statutory instrument containing regulations under section 8(8) is
subject to annulment in pursuance of a resolution of either House
of Parliament (and section 201(2) of the principal Act does not apply
to the regulations).
Town and Country Planning Act 1990
15
(1)
Section 333
of the
Town and Country Planning Act 1990
(regulations and
orders) is amended as follows.
(2)
In
subsection (3)
omit “or paragraph 15(5) or 16 of Schedule 4B”.
(3)
After
subsection (3A)
(approval by Parliament) insert—
(3AZA)
Subsection (3A) does not apply to regulations under paragraph 16
of Schedule 4B which only specify the form of a document, except
where the document in question is a ballot paper.
(4)
After
subsection (3AA)
insert—
(3AB)
Any provision that may be included in a statutory instrument under
this Act that is subject to annulment in pursuance of a resolution
of either House of Parliament may be included in a statutory
instrument a draft of which is required to be laid before and
approved by a resolution of each House of Parliament.
Local Government Finance Act 1992
16
The
Local Government Finance Act 1992
is amended as follows.
17
In
section 52ZQ
(regulations about referendums), after
subsection (7)
(approval by Parliament) insert—
(7A)
Subsection (7) does not apply to regulations under this section which
only specify the form of a document, except where the document
in question is a ballot paper.
18
In
section 113
(orders and regulations), after
subsection (3)
(approval by
Parliament) insert—
(3A)
The reference in subsection (3) to regulations under section 52ZQ
does not include regulations under that section which only specify
the form of a document, except where the document in question is
a ballot paper.
(3B)
Any provision that may be included in a statutory instrument under
this Act that is subject to annulment in pursuance of a resolution
of either House of Parliament may be included in a statutory
instrument a draft of which is required to be laid before and
approved by a resolution of each House of Parliament.
Northern Ireland Act 1998
19
The
Northern Ireland Act 1998
is amended as follows.
20
In the italic heading before
section 84
, at the end insert “or regulations”.
21
After
section 84
insert—
84A
Provision with respect to the form of documents for district council
elections
(1)
The Secretary of State may by regulations make provision about
the form of relevant documents for use for the purposes of elections
for district councillors in Northern Ireland.
(2)
In
subsection (1)
, “relevant documents” means documents which
are required by an Order in Council under section 84 or another
enactment to be in a form prescribed by regulations under this
section.
(3)
Regulations under this section may, among other things—
(a)
make provision for the purposes of elections for district
councillors when they are combined with other elections;
(b)
make different provision for different purposes and different
areas;
(c)
make consequential or supplemental provision.
22
In
section 96
(orders and regulations), after
subsection (2D)
insert—
(2E)
Regulations under
section 84A
—
(a)
are to be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and
approved by resolution of each House of Parliament.
Local Government Act 2000
23
(1)
Section 105
of the
Local Government Act 2000
(orders and regulations) is
amended as follows.
(2)
In
subsection (6)
(approval by Parliament), for “subsection (6A)” substitute
“subsections (6A) and (6B)”.
(3)
After
subsection (6A)
insert—
(6B)
The reference in subsection (6) to regulations under section 9HE or
9MG does not include regulations under section 9HE(1)(a) or 9MG(2)
which only specify the form of a document, except where the
document in question is a ballot paper.
(4)
After
subsection (7)
insert—
(7ZA)
Any provision that may be included in a statutory instrument under
this Act that is subject to annulment in pursuance of a resolution
of either House of Parliament may be included in a statutory
instrument a draft of which is required to be laid before and
approved by a resolution of each House of Parliament.
PPERA 2000
24
In
section 7
of
PPERA 2000
(Electoral Commission to be consulted on
changes to electoral law), in
subsection (2)
—
(a)
after
paragraph (e)
insert—
(ezza)
regulations under the 1983 Act, the Representation
of the People Act 1985 or the Representation of the
People Act 2000 in relation to which section 201(2)
of the 1983 Act would have effect but for section
201(2AA) of the 1983 Act, section 27(2B) of the
Representation of the People Act 1985 or paragraph
1A(5) of Schedule 4 to the Representation of the
People Act 2000 (regulations specifying the form of
documents);
;
(b)
after
paragraph (h)
insert—
(hza)
regulations under
section 84A
of the
Northern Ireland
Act 1998
(provision with respect to the form of
documents for district council elections);
.
RPA 2000
25
In
Schedule 4
to
RPA 2000
(absent voting in Great Britain), in
paragraph
1A
(inserted by
paragraph 3
of
Schedule 3
to this Act), after
sub-paragraph
(4)
insert—
(5)
A statutory instrument containing regulations under paragraph
6(9) of this Schedule (form of proxy paper) which make provision
in connection with appointing a proxy to vote at—
(a)
a parliamentary election, or
(b)
a local government election in England,
is subject to annulment in pursuance of a resolution of either
House of Parliament (and section 201(2) of the 1983 Act does not
apply to the regulations).
Local Democracy, Economic Development and Construction Act 2009
26
(1)
Section 117
of the
Local Democracy, Economic Development and
Construction Act 2009
(orders and regulations) is amended as follows.
(2)
In
subsection (2A)
(exceptions from requirement for approval by
Parliament)—
(a)
omit the “or” at the end of
paragraph (b)
;
(b)
after
paragraph (c)
insert
, or
(d)
an order under paragraph 12(1)(a) of Schedule 5B
which only specifies the form of a document, where
the document in question is not a ballot paper.
(3)
After
subsection (3B)
insert—
(3C)
Any provision that may be included in a statutory instrument under
this Act that is subject to annulment in pursuance of a resolution
of either House of Parliament may be included in a statutory
instrument a draft of which is required to be laid before and
approved by a resolution of each House of Parliament.
Police Reform and Social Responsibility Act 2011
27
(1)
Section 154
of the
Police Reform and Social Responsibility Act 2011
(orders
and regulations) is amended as follows.
(2)
After
subsection (2)
(approval by Parliament) insert—
(2A)
The reference in subsection (2)(b) to an order under section 58 does
not include an order under section 58(1)(a) which only specifies the
form of a document, except where the document in question is a
ballot paper.
(3)
After
subsection (4)
insert—
(4A)
Any provision that may be included in a statutory instrument under
this Act that is subject to annulment in pursuance of a resolution
of either House of Parliament may be included in a statutory
instrument a draft of which is required to be laid before and
approved by a resolution of each House of Parliament.
Levelling-up and Regeneration Act 2023
28
(1)
Section 252
of the
Levelling-up and Regeneration Act 2023
(regulations) is
amended as follows.
(2)
In
subsection (5)
(a)
(instruments subject to approval by Parliament), after
“(c)” insert “and (l)”.
(3)
In
subsection (8)
(instruments subject to annulment), after
paragraph (k)
insert—
(l)
under paragraph 12(1)(a) of Schedule 2 which only specifies
the form of a document, where the document in question is
not a ballot paper.
Schedule 6
Section 55
Leave to pay late and disputed expenses claims
Election expenses claims
1
(1)
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.
(2)
In
section 43
(time for sending in and paying claims), in
subsection (3)
—
(a)
omit “The High Court or the county court,”;
(b)
for “may on cause shown to the satisfaction of the court by order”
substitute “the Electoral Commission may, if satisfied for any special
reason that it is appropriate to do so, by written notice”;
(c)
for “such an order” substitute “the leave”.
(3)
In
section 46
(return as to election expenses)—
(a)
in
subsection (3)
(c)
, for “to the High court or county court” substitute
“for leave to pay under section 43(3)”;
(b)
in
subsection (5)
—
(i)
omit “by the court”;
(ii)
for “order of the court” substitute “written notice from the
Electoral Commission”.
2
(1)
RPA 1983
is amended as follows.
(2)
In
section 78
(time for sending in and paying claims)—
(a)
in
subsection (4)
—
(i)
for “High Court or to the county court” substitute “Electoral
Commission”;
(ii)
for the words from “the court on cause” to the end of the
subsection substitute “the Commission may by written notice
grant the leave if satisfied for any special reason that it is
appropriate to do so”;
(b)
in
subsection (5)
, for “order” substitute “written notice”;
(c)
omit
subsection (7)
.
(3)
In
section 79
(disputed claims), in
subsection (4)
, for “to (7)” substitute “and
(5)”.
(4)
In
section 81
(return as to election expenses), in
subsection (5)
—
(a)
omit “by the court”;
(b)
for “order of the court” substitute “written notice from the Electoral
Commission”.
Campaign expenditure claims
3
(1)
PPERA 2000
is amended as follows.
(2)
In
section 77
(restriction on making claims in respect of campaign
expenditure)—
(a)
in
subsection (4)
—
(i)
for the words from “in England” to “the sheriff” substitute
“to the Commission”;
(ii)
for “and the court” substitute “and the Commission”;
(iii)
for “order” substitute “written notice”;
(b)
in
subsection (5)
, for “order of leave” substitute “leave granted under
subsection (4)”;
(c)
omit
subsections (7)
and
(8)
.
(3)
In
section 78
(disputed claims), in
subsection (3)
, for “(8)” substitute “(6)”.
(4)
In
section 80
(returns as to campaign expenditure), in
subsection (3)
(c)
omit
“to a court”.
(5)
In
section 82
(delivery of returns to the Electoral Commission), in
subsection
(3)
—
(a)
omit “by a court”;
(b)
for “order of the court” substitute “written notice from the
Commission”.
Controlled expenditure claims
4
(1)
PPERA 2000
is amended as follows.
(2)
In
section 92
(restriction on making claims in respect of controlled
expenditure)—
(a)
in
subsection (4)
—
(i)
for the words from “in England” to “the sheriff” substitute
“to the Commission”;
(ii)
for “and the court” substitute “and the Commission”;
(iii)
for “order” substitute “written notice”;
(b)
in
subsection (5)
, for “order of leave” substitute “leave granted under
subsection (4)”;
(c)
in
subsection (7)
—
(i)
in the words before
paragraph (a)
, for “(7) to” substitute “(9)
and”;
(ii)
in
paragraph (a)
, for the words “, (2) or (4)”, in both places
they occur, substitute “or (2)”.
(3)
In
section 93
(disputed claims), in
subsection (3)
—
(a)
omit the “and” at the end of
paragraph (a)
;
(b)
omit
paragraph (b)
.
(4)
In
section 96
(returns as to controlled expenditure), in
subsection (2)
(c)
omit
“to a court”.
(5)
In
section 98
(delivery of returns to the Electoral Commission), in
subsection
(3)
—
(a)
omit “by a court”;
(b)
for “order of the court” substitute “written notice from the
Commission”.
(6)
In
section 100B
(code of practice on controlled expenditure: consultation
and procedural requirements), in
subsection (10)
, for
paragraph (b)
substitute—
(b)
in any other case, the period of 40 days beginning with the
day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved
or prorogued or during which both Houses are adjourned for more than
four days.
Referendum expenses claims
5
(1)
PPERA 2000
is amended as follows.
(2)
In
section 115
(restriction on making claims in respect of referendum
expenses)—
(a)
in
subsection (4)
—
(i)
for the words from “in England” to “the sheriff” substitute
“to the Commission”;
(ii)
for “and the court” substitute “and the Commission”;
(iii)
for “order” substitute “written notice”;
(b)
in
subsection (5)
, for “order of leave” substitute “leave granted under
subsection (4)”;
(c)
in
subsection (7)
—
(i)
in the words before
paragraph (a)
, for “(7) to” substitute “(9)
and”;
(ii)
in
paragraph (a)
, for the words “, (2) or (4)”, in both places
they occur, substitute “or (2)”.
(3)
In
section 116
(disputed claims), in
subsection (3)
—
(a)
omit the “and” at the end of
paragraph (a)
;
(b)
omit
paragraph (b)
.
(4)
In
section 120
(returns as to referendum expenses), in
subsection (2)
(c)
omit
“to a court”.
(5)
In
section 122
(delivery of returns to the Electoral Commission), in
subsection (3)
—
(a)
omit “by a court”;
(b)
for “court order” substitute “written notice from the Commission”.
Recall petition expenses claims
6
(1)
The
Recall of MPs Act 2015
is amended as follows.
(2)
Schedule 3
(regulation of expenditure) is amended as set out in
sub-paragraphs (3)
and
(4)
.
(3)
In
paragraph 11
(payment of claims in respect of petition expenses:
application for leave to pay late claims)—
(a)
in
sub-paragraph (1)
—
(i)
for “to the appropriate court” substitute “to the Electoral
Commission”;
(ii)
for “and the appropriate court” substitute “and the
Commission”;
(iii)
for “order” substitute “written notice”;
(b)
omit
sub-paragraph (3)
;
(c)
in
sub-paragraph (4)
, for “order of leave” substitute “leave granted
under sub-paragraph (1)”;
(d)
omit
sub-paragraphs (5)
and
(6)
.
(4)
In
paragraph 12
(disputed claims)—
(a)
in
sub-paragraph (3)
—
(i)
for “to the appropriate court” substitute “to the Electoral
Commission”;
(ii)
for “and the appropriate court” substitute “and the
Commission”;
(iii)
for “order” substitute “written notice”;
(b)
omit
sub-paragraph (4)
;
(c)
in
sub-paragraph (5)
omit “an order of”;
(d)
omit
sub-paragraphs (6)
and
(7)
.
(5)
Schedule 5
(recall petition returns) is amended as set out in
sub-paragraphs
(6)
and
(7)
.
(6)
In
paragraph 2
(statements and accompanying documents relating to petition
expenses), in
sub-paragraph (1)
(b)
omit “to a court”.
(7)
In
paragraph 6
(delivery of return etc to petition officer and supplementary
returns)—
(a)
in
sub-paragraph (2)
omit “by a court” and “order of”;
(b)
in
sub-paragraph (3)
(b)
, for “court order” substitute “written notice
from the Electoral Commission”.
Schedule 7
Section 56
Delivery of returns and declarations directly to the Electoral Commission
Electoral Law Act (Northern Ireland) 1962
1
(1)
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.
(2)
In
section 46
(election expenses returns), after
subsection (3)
insert—
(3A)
The Electoral Commission may, by regulations, prescribe a form of
return which must or may be used for the purposes of making any
(or any description of) return required by this section.
(3)
After
section 50
insert—
50A
Copies of returns and declarations to be sent to Electoral
Commission
(1)
This section applies where a person is required by section 46 or 47
to transmit a return or declaration to the returning officer.
(2)
The person must also transmit to the Electoral Commission a copy
of—
(a)
the return or declaration, and
(b)
any document accompanying the return or declaration when
it is transmitted to the returning officer.
(3)
The copy must be transmitted within the time allowed for
transmitting the return or declaration to the returning officer.
(4)
A person who fails to comply with this section is to be treated as
having failed to comply with the requirement to transmit the return
or declaration.
(4)
In
section 52
(duty to make available for inspection returns and
declarations), after
subsection (2)
insert—
(3)
Subsections (4)
and
(5)
apply where the Electoral Commission
receives a copy of a return, declaration or accompanying document
under section
50A
.
(4)
Subsections (2)
to
(5)
and
(7)
of
section 149
of the
Political Parties,
Elections and Referendums Act 2000
(inspection of certain registers
and documents) apply in relation to the copy as they apply in
relation to a register within
subsection (1)
of
that section
.
But the application of those provisions is subject to the provisions
applied by
subsection (5)
.
(5)
Subsections (1B) and (2) of this section apply to the Commission in
respect of the copy as they apply to the returning officer in respect
of the return, declaration or accompanying document (with the
reference to “the said 12 months” in subsection (2) being read as a
reference to the period of 12 months beginning with the day on
which the Commission receives the copy).
(5)
In
section 127
(regulations), after
subsection (2)
insert—
(3)
This section does not apply in relation to the prescription of forms
under section 46
(3A)
.
RPA 1983
2
(1)
RPA 1983
is amended as follows.
(2)
In
section 81
(10A)
(power to prescribe form of election expenses return),
after “which” insert “must or”.
(3)
For
section 87A
(returns and declarations to be forwarded to Electoral
Commission by officer receiving them) substitute—
87A
Copies of returns and declarations to be sent to Electoral
Commission
(1)
This section applies where a person is required by section 75, 75A,
81 or 82 to deliver a return or declaration to the appropriate officer.
(2)
The person must also deliver to the Electoral Commission a copy
of—
(a)
the return or declaration, and
(b)
any document accompanying the return or declaration when
it is delivered to the appropriate officer.
(3)
The copy must be delivered within the time allowed for delivering
the return or declaration to the appropriate officer.
(4)
A person who fails to comply with this section is to be treated as
having failed to comply with the requirement to deliver the return
or declaration.
(4)
Omit
section 87B
(which makes provision for Scottish local government
elections similar to that made by section 87A).
(5)
In
section 89
(duty to make available for inspection returns and
declarations), after
subsection (3)
insert—
(4)
Subsections (5)
and
(6)
apply where the Electoral Commission
receives a copy of a return, declaration or accompanying document
under section
87A
.
(5)
Subsections (2)
to
(5)
and
(7)
of
section 149
of the
Political Parties,
Elections and Referendums Act 2000
(inspection of certain registers
and documents) apply in relation to the copy as they apply in
relation to a register within
subsection (1)
of
that section
.
But the application of those provisions is subject to the provisions
applied by
subsection (6)
.
(6)
Subsections (1A) to (3) of this section apply to the Commission in
respect of the copy as they apply to the appropriate officer in respect
of the return, declaration or accompanying document (with the
reference to “those two years” in subsection (2) being read as a
reference to the period of two years beginning with the day on
which the Commission receives the copy).
Recall of MPs Act 2015
3
(1)
Schedule 5
to the
Recall of MPs Act 2015
(recall petition returns) is amended
as follows.
(2)
In
paragraph 1
(4)
(power to prescribe form of return), after “which” insert
“must or”.
(3)
In
paragraph 6
(delivery of returns to petition officer), after
sub-paragraph
(3)
insert—
(4)
Where the responsible person is required by this paragraph to
deliver a return or document to the petition officer, the person
must also deliver a copy of it to the Electoral Commission.
(5)
The copy must be delivered within the time allowed for delivering
the return or document to the petition officer.
(4)
In
paragraph 7
(1)
(illegal practices)—
(a)
omit the “or” after
paragraph (d)
;
(b)
after
paragraph (e)
insert
, or
(f)
fails to deliver a copy of a return or document to the
Electoral Commission as required by paragraph 6
(4)
and
(5)
.
(5)
Omit
paragraph 8
and the italic heading before it (onward delivery of
returns to Commission).
(6)
In the italic heading before
paragraph 9
, at the end insert “: petition
officers”.
(7)
After
paragraph 9
insert—
Inspection of returns and accompanying documentsElectoral Commission
9A
(1)
This paragraph applies where the Electoral Commission receives
a copy of a return or document under paragraph 6
(4)
.
(2)
Subsections (2)
to
(5)
and
(7)
of
section 149
of the
Political Parties,
Elections and Referendums Act 2000
(inspection of certain registers
and documents) apply in relation to the copy as they apply in
relation to a register within
subsection (1)
of
that section
.
But the application of those provisions is subject to the following
sub-paragraphs.
(3)
Where this paragraph applies in relation to a copy of a recall
petition return that contains a statement mentioned in paragraph
3 or 4 that includes the home address of a donor who is an
individual, the provisions applied by
sub-paragraph (2)
apply in
relation to a modified copy of the statement that does not include
the donor’s home address.
(4)
After the expiry of the period of 2 years beginning with the day
on which the Commission receives the copy, the Commission
must—
(a)
cause the copy to be destroyed, or
(b)
if the responsible person in relation to the accredited
campaigner in question so requests, cause the copy to be
returned to the responsible person.
Schedule 8
Section 58
Risk assessments for donations to registered parties etc
Risk assessments in relation to donations to individuals and members associations
1
Schedule 7
to
PPERA 2000
(control of donations to individuals and members
associations) is amended as set out in
paragraphs 2
to
6
.
2
In
paragraph 6
(prohibition on accepting donations from impermissible
donors), after
sub-paragraph (1)
insert—
(1A)
A controlled donation of an amount exceeding £11,180 received
by a regulated donee must not be accepted by the donee unless,
before the end of the period of 30 days beginning with the date
when the donation is received, the donee has undertaken a risk
assessment in relation to the donation (see
sub-paragraph (1E)
).
(1B)
For the purposes of
sub-paragraph (1A)
, a donation from a person
is to be treated as a donation of an amount exceeding £11,180
if—
(a)
the regulated donee has not previously undertaken a risk
assessment in relation to a relevant controlled benefit
accruing to the donee in the same calendar year, and
(b)
when the value of the donation is added to any other
relevant controlled benefit or benefits accruing to the
donee in the same calendar year, the aggregate amount
of the benefits is more than £11,180.
(1C)
For the purposes of sub-paragraph (1A), a donation from a person
is also to be treated as a donation of an amount exceeding £11,180
if—
(a)
the regulated donee has previously undertaken a risk
assessment in relation to a relevant controlled benefit
accruing to the donee in the same calendar year (the
“previous risk-assessed benefit”), and
(b)
when the value of the donation is added to any other
relevant controlled benefit or benefits accruing to the
donee in that calendar year after the previous risk-assessed
benefit accrued to the donee (or, if there has been more
than one, the last such benefit), the aggregate amount of
the benefits is more than £11,180.
(1D)
In sub-paragraphs
(1B)
and
(1C)
, “relevant controlled benefit”, in
relation to a person, means—
(a)
a controlled donation accepted by the donee from that
person as a donor, or
(b)
a controlled transaction (within the meaning of paragraph
2 of Schedule 7A) entered into by the donee and that
person as a participant,
and a relevant controlled benefit accrues when it is accepted (if
it is a donation) or entered into (if it is a transaction).
(1E)
Section 54C (risk assessments in relation to donations) applies in
relation to a risk assessment undertaken by a regulated donee
under
sub-paragraph (1A)
as it applies in relation to a risk
assessment undertaken by a registered party under section 54
(1A)
.
(1F)
But regulations made by the Secretary of State under section
54C(3) apply in relation to a donation to a member of a local
authority in Scotland who is not also a member of a registered
party only if, before making the regulations, the Secretary of State
obtained the consent of the Scottish Ministers.
3
In
paragraph 8
(acceptance or return of donations), after
sub-paragraph
(1A)
insert—
(1B)
In their application in accordance with sub-paragraph (1), sections
56(2) and 58(1)(a) shall have effect as if the references to section
54(1A) were references to paragraph 6
(1A)
.
4
In the italic heading before
paragraph 11
, for the words after “reports:”
substitute “information required where donation returned”.
5
In
paragraph 11
—
(a)
in
sub-paragraph (1)
(a)
—
(i)
after “in respect of” insert “—
(i)
;
(ii)
at the end insert—
(ii)
each controlled donation received by
the donee which the donee is
prohibited from accepting by virtue of
paragraph 6
(1A)
(risk assessment);
and
;
(b)
after
sub-paragraph (4)
insert—
(4A)
Each such report in respect of a donation which the donee
is prohibited from accepting by virtue of paragraph 6
(1A)
(risk assessment) must also give—
(a)
the name and address of the donor or the person
appearing to be the donor or, if the regulated
donee is unable to ascertain the identity of that
person, details of the manner in which the donation
was made;
(b)
the amount of the donation (if a donation of
money, in cash or otherwise) or (in any other case)
the nature of the donation and its value as
determined in accordance with paragraph 5;
(c)
the date when the donation was received and the
date when, and the manner in which, it was dealt
with in accordance with section 56(2); and
(d)
such other information as is required by regulations
made by the Commission.
6
In
paragraph 13
(declaration in donation report), in
sub-paragraph (2)
—
(a)
after “belief” insert “—
(a)
the regulated donee has undertaken a risk assessment
in relation to any donation recorded in the report as
having been accepted by the donee for which such
an assessment is required by paragraph 6
(1A)
, and
(b)
.
7
In paragraph 15 (register of recordable donations), in sub-paragraph (3),
for “or 11(4)” substitute “, 11(4) or 11(4A)”.
Risk assessments in relation to loans etcregistered parties
8
Chapter 1
of
Part 4A
of
PPERA 2000
(regulation of loans to and related
transactions with registered parties) is amended as set out in
paragraphs
9
to
15
.
9
In
section 71F
(regulated transactions), after
subsection (9)
insert—
(9A)
A reference to a registered party entering into a regulated transaction
includes a reference to any circumstances in which the terms of a
regulated transaction are varied so as to increase the value of the
transaction to the registered party.
10
In
section 71H
(authorised participants), after
subsection (1)
insert—
(1A)
A registered party must not enter into a regulated transaction which
has a value exceeding £11,180 unless the party has undertaken a
risk assessment in relation to the transaction (see section 71HZB).
(1B)
For the purposes of
subsection (1A)
, a regulated transaction entered
into with a person is to be treated as having a value exceeding
£11,180 if—
(a)
the party has not previously undertaken a risk assessment
in relation to a relevant benefit accruing to the party in the
same calendar year, and
(b)
the aggregate amount of the transaction and any other
relevant benefit or benefits accruing to the party in the same
calendar year is more than £11,180.
(1C)
For the purposes of subsection (1A), a regulated transaction entered
into with a person is also to be treated as having a value exceeding
£11,180 if—
(a)
the party has previously undertaken a risk assessment in
relation to a relevant benefit accruing to the party in the
same calendar year (the “previous risk-assessed benefit”),
and
(b)
the aggregate amount of the transaction and any other
relevant benefit or benefits accruing to the party in that
calendar year after the previous risk-assessed benefit accrued
to the party (or, if there has been more than one, the last
such benefit) is more than £11,180.
(1D)
In subsections (1B) and (1C), “relevant benefit”, in relation to a
person, means—
(a)
a donation (within the meaning of Part 4) accepted by the
party from that person as a donor, or
(b)
a relevant transaction entered into by the party and that
person as a participant,
and a relevant benefit accrues when it is accepted (if it is a donation)
or entered into (if it is a transaction).
11
After
section 71HZA
insert—
71HZB
Risk assessments in relation to regulated transactions
(1)
A risk assessment under section 71H
(1A)
is an assessment by the
registered party of the risk that a person (the “participant in
question”) who is either another party to the regulated transaction
or a party to a connected transaction is not an authorised participant.
(2)
In carrying out a risk assessment, the registered party must take
into account the following risk factors—
(a)
the type of person that the participant in question is,
(b)
the previous history of transactions with the participant in
question,
(c)
the type of transaction under consideration,
(d)
the value of the regulated transaction, and
(e)
any other risk factors the registered party considers to be
relevant.
(3)
The Secretary of State may by regulations amend the risk factors
set out in
subsection (2)
.
(4)
The Secretary of State may make such regulations either—
(a)
where the regulations give effect to a recommendation of
the Commission, or
(b)
after consultation with the Commission.
(5)
In carrying out a risk assessment, the registered party must have
regard to guidance in force under
section 54D
.
(6)
The registered party must retain for at least six years—
(a)
each risk assessment that it undertakes, and
(b)
the information it used to undertake each assessment,
and must provide these to the Commission on request.
12
In
section 71I
(regulated transaction involving unauthorised participant),
in
subsection (1)
—
(a)
after “if” insert “—
(a)
;
(b)
at the end insert
, or
(b)
a registered party enters into a regulated transaction
without undertaking a risk assessment where required
by section 71H
(1A)
.
13
In
section 71L
(offences relating to regulated transactions)—
(a)
after
subsection (2)
insert—
(2A)
A registered party commits an offence if—
(a)
it enters into a regulated transaction without
undertaking a risk assessment where required by
section 71H
(1A)
, and
(b)
an officer of the party knew or ought reasonably to
have known of the matter mentioned in
paragraph
(a)
.
(2B)
A person commits an offence if—
(a)
they are the treasurer of a registered party,
(b)
the party enters into a regulated transaction without
undertaking a risk assessment where required by
section 71H
(1A)
, and
(c)
they knew or ought reasonably to have known of the
matter mentioned in
paragraph (b)
.
;
(b)
in
subsection (10)
, after “(2)” insert “or
(2B)
”;
(c)
omit
subsection (12)
.
14
In
section 71M
(quarterly reports of regulated transactions), in
subsection
(9)
—
(a)
after “record” insert “—
(a)
;
(b)
at the end insert
, and
(b)
any regulated transaction which is entered into by
the party without undertaking a risk assessment as
required by section 71H
(1A)
and is dealt with during
the reporting period in accordance with section 71I.
15
In
section 71T
(declaration by treasurer in transaction report)—
(a)
in
subsection (2)
, before
paragraph (a)
insert—
(za)
the party has undertaken a risk assessment in relation
to every regulated transaction that the party has
entered into during the reporting period for which
such an assessment is required by section 71H
(1A)
,
;
(b)
in
subsection (4)
, before
paragraph (a)
insert—
(za)
the party has undertaken a risk assessment in relation
to every regulated transaction that the party, or (if
section 71Q(3)(b) applies) its central organisation, has
entered into during the reporting period for which
such an assessment is required by section 71H
(1A)
,
.
16
In
section 156
of
PPERA 2000
(orders and regulations)
, in
subsection (4ZA)
(inserted by
section 60
(7)
of this Act), after paragraph (b) insert—
(c)
section 71HZB
(3)
;
.
17
In
Schedule 6A
to
PPERA 2000
(details to be given in transaction reports),
after
paragraph 4A
insert—
Information where risk assessment not undertaken
4B
(1)
In relation to each recordable transaction in relation to which a
registered party has not undertaken a risk assessment as required
by section 71H
(1A)
, a quarterly report must give—
(a)
the name and address of each participant in the
transaction, and
(b)
the date when, and the manner in which, the transaction
was dealt with in accordance with subsections (3) to (5)
of section 71I.
(2)
This paragraph does not apply in relation to a recordable
transaction that is an Irish transaction (within the meaning given
by paragraph 2A(2)).
4C
In relation to each recordable transaction that is an Irish
transaction (within the meaning given by paragraph 2A(2)) in
relation to which a registered party has not undertaken a risk
assessment as required by section 71H
(1A)
, a quarterly report
must—
(a)
give the name of each participant in the transaction,
(b)
record the fact that the transaction is an Irish transaction,
and
(c)
give the date when, and the manner in which, the
transaction was dealt with in accordance with subsections
(3) to (5) of section 71I.
18
In
Schedule 20
to
PPERA 2000
(penalties), at the appropriate place insert—
Section 71L
(2A)
(registered
party entering into regulated
transaction without undertaking
risk assessment: offence by
party)
On summary conviction in England and
Wales: fine
On summary conviction elsewhereLevel 5
On indictmentfine
Section 71L
(2B)
(registered party
entering into regulated
transaction without undertaking
risk assessment: offence by
treasurer)
On summary conviction in England and
Wales: fine or the general limit in a
magistrates’ court
On summary conviction in Scotlandstatutory maximum or 12 months
On summary conviction in Northern
Ireland: statutory maximum or 6 months
On indictmentfine or 1 year
.
Risk assessments in relation to loans etcindividuals and members associations
19
Schedule 7A
to
PPERA 2000
(controls of loans etc to individuals and
members associations) is amended as set out in
paragraphs 20
to
27
.
20
In
paragraph 1
(operation and construction of Schedule), after
sub-paragraph
(4)
insert—
(4A)
A reference to a person entering into a controlled transaction
includes a reference to any circumstances in which the terms of
a controlled transaction are varied so as to increase the value of
the transaction to the person.
21
In
paragraph 4
(authorised participants), after
sub-paragraph (1)
insert—
(1A)
A regulated participant must not enter into a controlled
transaction which has a value exceeding £11,180 unless the
regulated participant has undertaken a risk assessment in relation
to the transaction (see sub-paragraph
(1E)
).
(1B)
For the purposes of
sub-paragraph (1A)
, a controlled transaction
entered into with a person is to be treated as having a value
exceeding £11,180 if—
(a)
the regulated participant has not previously undertaken
a risk assessment in relation to a relevant controlled benefit
accruing to the regulated participant in the same calendar
year, and
(b)
the aggregate amount of the transaction and any other
relevant controlled benefit or benefits accruing to the
regulated participant in the same calendar year is more
than £11,180.
(1C)
For the purposes of sub-paragraph (1A), a controlled transaction
entered into with a person is also to be treated as having a value
exceeding £11,180 if—
(a)
the regulated participant has previously undertaken a risk
assessment in relation to a relevant controlled benefit
accruing to the regulated participant in the same calendar
year (the “previous risk-assessed benefit”), and
(b)
the aggregate amount of the transaction and any other
relevant controlled benefit or benefits accruing to the
regulated participant in that calendar year after the
previous risk-assessed benefit accrued to the party (or, if
there has been more than one, the last such benefit), is
more than £11,180.
(1D)
In sub-paragraphs
(1B)
and
(1C)
, “relevant controlled benefit”, in
relation to a person, means—
(a)
a controlled donation (within the meaning of paragraph
1(3) of Schedule 7) accepted by the regulated participant
from that person as a donor, or
(b)
a controlled transaction entered into by the regulated
participant and that person as another participant,
and a relevant controlled benefit accrues when it is accepted (if
it is a donation) or entered into (if it is a transaction).
(1E)
Section 71HZB
(risk assessments in relation to regulated
transactions) applies in relation to a risk assessment undertaken
by a regulated participant under
sub-paragraph (1A)
as it applies
in relation to a risk assessment undertaken by a registered party
under section 71H
(1A)
.
22
In the italic heading before
paragraph 5
, at the end insert “etc”.
23
In
paragraph 5
(controlled transaction involving unauthorised participant
etc), in
sub-paragraph (1)
—
(a)
after “if” insert “—
(a)
;
(b)
at the end insert
, or
(b)
a regulated participant enters into a controlled
transaction without undertaking a risk assessment
where required by paragraph 4
(1A)
.
24
In
paragraph 8
(offences)—
(a)
after
sub-paragraph (2)
—
(2A)
An individual who is a regulated participant commits an
offence if they enter into a controlled transaction of a
description mentioned in paragraph 2(1) or (2) without
undertaking a risk assessment where required by
paragraph 4
(1A)
.
(2B)
A responsible person of a members association commits
an offence if—
(a)
the association enters into a controlled transaction
of a description mentioned in paragraph 2(1) or
(2) without undertaking a risk assessment where
required by paragraph 4
(1A)
, and
(b)
the responsible person knew or ought reasonably
to have known of the matter mentioned in
paragraph (a).
;
(b)
in
sub-paragraph (10)
, after “(2)” insert “or
(2B)
”;
(c)
omit
sub-paragraph (12)
.
25
In the italic heading before
paragraph 10
, at the end insert “or where risk
assessment not undertaken”.
26
In
paragraph 10
(transaction reports: transactions with unauthorised
participants etc), in
sub-paragraph (3)
(a)
, at the end insert “or participant
in respect of whom a risk assessment has not been undertaken”.
27
In
paragraph 13
(declaration in transaction report), in
sub-paragraph (2)
, after “belief” insert “—
(a)
the regulated participant has undertaken a risk assessment
in relation to any transaction recorded in the report for which
such an assessment is required by paragraph 4
(1A)
, and
(b)
.
28
In
Schedule 20
to
PPERA 2000
(penalties), at the appropriate place insert—
Paragraph 8
(2A)
of Schedule
7A (individual regulated
participant entering into
controlled transaction without
undertaking risk assessment)
On summary conviction in England and
Wales: fine or the general limit in a
magistrates’ court
On summary conviction in Scotlandstatutory maximum or 12 months
On summary conviction in Northern
Ireland: statutory maximum or 6 months
On indictmentfine or 1 year
Paragraph 8
(2B)
of Schedule
7A (members association
entering into controlled
transaction without
undertaking risk assessment:
offence by responsible person)
On summary conviction in England and
Wales: fine or the general limit in a
magistrates’ court
On summary conviction in Scotlandstatutory maximum or 12 months
On summary conviction in Northern
Ireland: statutory maximum or 6 months
On indictmentfine or 1 year
Risk assessments in relation to donations to recognised third parties
29
Chapter 2
of
Part 6
of
PPERA 2000
(financial controls relating to third party
national election campaigns) is amended as set out in
paragraphs 30
to
37
.
30
In
section 95A
(quarterly donation reports), in
subsection (9)
, before
paragraph (a)
insert—
(za)
the recognised third party has undertaken a risk assessment
in relation to any reportable donation recorded in the report
as having been accepted by the recognised third party for
which such an assessment is required by paragraph 6
(1B)
of
Schedule 11,
.
31
In
section 99
(declaration by responsible person as to return under section
96), in
subsection (3)
, before
paragraph (a)
insert—
(za)
the recognised third party has undertaken a risk assessment
in relation to any relevant donation recorded in the return
as having been accepted by the third party for which such
an assessment is required by paragraph 6
(1B)
of Schedule
11,
.
32
Schedule 11
(control of donations to recognised third parties) is amended
as set out in
paragraphs 33
to
36
.
33
In
paragraph 6
(prohibition on accepting donations from impermissible
donors), before
sub-paragraph (2)
insert—
(1B)
A relevant donation of an amount exceeding £11,180 received by
a recognised third party must not be accepted unless, before the
end of the period of 30 days beginning with the date when the
donation is received, the recognised third party has undertaken
a risk assessment in relation to the donation (see
sub-paragraph
(1E)
).
(1C)
For the purposes of
sub-paragraph (1B)
, a donation to a recognised
third party from a person is to be treated as a donation of an
amount exceeding £11,180 if—
(a)
the recognised third party has not previously undertaken
a risk assessment in relation to a relevant donation
accepted from that person in the same calendar year, and
(b)
when the value of the donation is added to any other
relevant donation or donations from the person accepted
by the recognised third party in the same calendar year,
the aggregate amount of the donations is more than
£11,180.
(1D)
For the purposes of sub-paragraph (1B), a donation to a recognised
third party from a person is also to be treated as a donation of
an amount exceeding £11,180 if—
(a)
the recognised third party has previously undertaken a
risk assessment in relation to a relevant donation accepted
from that person in the same calendar year (the “previous
risk-assessed donation”), and
(b)
when the value of the donation is added to any other
relevant donation or donations from that person accepted
by the recognised third party in that calendar year after
the previous risk-assessed donation was accepted (or, if
there has been more than one, the last such donation), the
aggregate amount of the donations is more than £11,180.
(1E)
Section 54C
(risk assessments in relation to donations) applies in
relation to a risk assessment undertaken by a recognised third
party under
sub-paragraph (1B)
as it applies in relation to a risk
assessment undertaken by a registered party under section 54
(1A)
.
(1F)
But regulations made by the Secretary of State under section
54C(3) apply in relation to a Scottish devolved donation or a
Welsh devolved donation only if, before making the regulations,
the Secretary of State obtained the consent of the Scottish Ministers
or the Welsh Ministers (as the case may be).
(1G)
In sub-paragraph (1F)—
Scottish devolved donation
means a donation provision
about which would be within the legislative competence
of the Scottish Parliament if contained in an Act of that
Parliament;
Welsh devolved donation
means a donation provision
about which would be within the legislative competence
of Senedd Cymru if contained in an Act of the Senedd.
34
In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
, after
paragraph (aa)
insert—
(ab)
sections 56(2) and 58(1)(a) shall have effect as if the references
to section 54
(1A)
were construed as references to paragraph
6
(1B)
; and
.
35
In the italic heading before
paragraph 11
, for the words after “Donations”
substitute “required to be returned”.
36
In
paragraph 11
—
(a)
in
sub-paragraph (1)
—
(i)
after “to” insert “—
(a)
;
(ii)
at the end insert
; and
(b)
relevant donations which a recognised third
party is prohibited from accepting by virtue
of paragraph 6
(1B)
.
;
(b)
after
sub-paragraph (3)
insert—
(3A)
Where a recognised third party is prohibited from
accepting a relevant donation by virtue of paragraph 6
(1B)
, the statement must record—
(a)
the name and address of the donor or the person
appearing to be the donor or, if the recognised
third party is unable to ascertain the identity of
that person, details of the manner in which the
donation was made;
(b)
the amount of the donation (if a donation of
money, in cash or otherwise) or (in any other case)
the nature of the donation and its value as
determined in accordance with paragraph 5;
(c)
the date when the donation was received, and the
date when, and the manner in which, it was dealt
with in accordance with section 56(2); and
(d)
such other information as is required by regulations
made by the Commission.
37
In
Schedule 11A
to
PPERA 2000
(requirements of quarterly and weekly
donation reports)—
(a)
in
paragraph 2
(1)
(b)
(requirements of quarterly reports), after
“period” insert “or where risk assessment not undertaken)”;
(b)
in
paragraph 5
(statement of reportable donations dealt with during
reporting period)—
(i)
in
sub-paragraph (1)
(a)
omit the “or” at the end of
sub-paragraph (i)
;
(ii)
in
sub-paragraph (1)
(a)
,
for the “and” at the end of
sub-paragraph (ii)
substitute
or
(iii)
paragraph 6
(1B)
of that Schedule, and
;
(iii)
at the end insert—
(4)
In relation to a reportable donation of the kind
mentioned in sub-paragraph (1)(a)(iii), the
“appropriate details” means—
(a)
the name and address of the donor or, if
the recognised third party is unable to
ascertain the identity of the donor, details
of the manner in which the donation was
made,
(b)
where the donation is of money, the
amount of the donation,
(c)
where the donation is not of money, the
nature of the donation and its value,
(d)
the date the donation was received by the
recognised third party,
(e)
the date and manner in which the donation
was dealt with in accordance with section
56(2), and
(f)
such other information as may be required
by regulations made by the Commission.
Risk assessments in relation to donations to permitted participants in referendums
38
In
section 123
of
PPERA 2000
(declaration of responsible person as to return
under section 120), in
subsection (3)
, before
paragraph (a)
insert—
(za)
the permitted participant has undertaken a risk assessment
in relation to any relevant donation recorded in the return
as having been accepted by the permitted participant for
which such an assessment is required by paragraph 6
(1A)
of Schedule 15,
.
39
Schedule 15
to
PPERA 2000
(control of donations to permitted participants)
is amended as set out in
paragraphs 40
to
43
.
40
In
paragraph 6
(prohibition on accepting donations from impermissible
donors), after
sub-paragraph (1)
insert—
(1A)
A relevant donation of an amount exceeding £11,180 received by
a permitted participant must not be accepted by the permitted
participant unless, before the end of the period of 30 days
beginning with the date when the donation is received by the
permitted participant, the permitted participant has undertaken
a risk assessment in relation to the donation (see
sub-paragraph
(1D)
).
(1B)
For the purposes of
sub-paragraph (1A)
, a donation to a permitted
participant from a person in respect of a referendum is to be
treated as a donation of an amount exceeding £11,180 if—
(a)
the permitted participant has not previously undertaken
a risk assessment in relation to a relevant donation
accepted from that person in respect of the same
referendum, and
(b)
when the value of the donation is added to any other
relevant donation or donations from the person in respect
of the same referendum that are accepted by the permitted
participant, the aggregate amount of the donations is more
than £11,180.
(1C)
For the purposes of sub-paragraph (1A), a donation to a permitted
participant from a person in respect of a referendum is also to
be treated as a donation of an amount exceeding £11,180 if—
(a)
the permitted participant has previously undertaken a risk
assessment in relation to a relevant donation accepted
from that person in respect of the same referendum (the
“previous risk-assessed donation”), and
(b)
when the value of the donation is added to any other
relevant donation or donations from that person in respect
of the same referendum accepted by the permitted
participant after the previous risk-assessed donation was
accepted (or, if there has been more than one, the last such
donation), the aggregate amount of the donations is more
than £11,180.
(1D)
Section 54C (risk assessments in relation to donations) applies in
relation to a risk assessment undertaken by a permitted participant
under
sub-paragraph (1A)
as it applies in relation to a risk
assessment undertaken by a registered party under section
54
(1A)
.
41
In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
, after
paragraph (aa)
insert—
(ab)
sections 56(2) and 58(1)(a) shall have effect as if the references
to section 54(1A) were construed as references to paragraph
6
(1A)
; and
.
42
In the italic heading before
paragraph 11
, for the words after “Donations”
substitute “required to be returned”.
43
In
paragraph 11
—
(a)
in
sub-paragraph (1)
—
(i)
after “to” insert “—
(a)
;
(ii)
at the end insert
; and
(b)
relevant donations which a permitted
participant is prohibited from accepting by
virtue of paragraph 6
(1A)
(risk assessment).
;
(b)
after
sub-paragraph (3)
insert—
(3A)
Where a permitted participant is prohibited from accepting
a relevant donation by virtue of paragraph 6
(1A)
, the
statement must record—
(a)
the name and address of the donor or the person
appearing to be the donor or, if the permitted
participant is unable to ascertain the identity of
that person, details of the manner in which the
donation was made;
(b)
the amount of the donation (if a donation of
money, in cash or otherwise) or (in any other case)
the nature of the donation and its value as
determined in accordance with paragraph 5;
(c)
the date when the donation was received, and the
date when, and the manner in which, it was dealt
with in accordance with section 56(2); and
(d)
such other information as is required by regulations
made by the Commission.
Risk assessments in relation to donations to candidates at elections
44
Schedule 2A
to
RPA 1983
(control of donations to candidates) is amended
as set out in
paragraphs 45
to
49
.
45
In
paragraph 6
(prohibition on accepting donations from impermissible
donors), after
sub-paragraph (1)
insert—
(1A)
A relevant donation of an amount exceeding the threshold amount
(see paragraph 6A) received by a candidate or their election agent
must not be accepted unless, before the end of the period of 30
days beginning with the date when the donation is received, the
election agent has undertaken a risk assessment in relation to the
donation (see
sub-paragraph (1D)
).
(1B)
For the purposes of
sub-paragraph (1A)
, a donation to a candidate
or their election agent from a person in respect of an election is
to be treated as a donation of an amount exceeding the threshold
amount if—
(a)
the candidate or their election agent has not previously
undertaken a risk assessment in relation to a relevant
donation from that person accepted by the candidate or
their election agent in respect of the same election, and
(b)
when the value of the donation is added to any other
relevant donation or donations from the person accepted
by the candidate or their election agent in respect of the
same election, the aggregate amount of the donations is
more than the threshold amount.
(1C)
For the purposes of sub-paragraph (1A), a donation to a candidate
or their election agent from a person in respect of an election is
also to be treated as a donation of an amount exceeding the
threshold amount if—
(a)
the candidate or their election agent has previously
undertaken a risk assessment in relation to a relevant
donation from that person accepted by the candidate or
their election agent in respect of the same election (the
“previous risk-assessed donation”), and
(b)
when the value of the donation is added to any other
relevant donation or donations from that person in respect
of the same election accepted by the candidate or their
election agent after the previous risk-assessed donation
was accepted (or, if there has been more than one, the last
such donation), the aggregate amount of the donations is
more than the threshold amount.
(1D)
Section 54C
of
the 2000 Act
(risk assessments in relation to
donations) applies in relation to a risk assessment undertaken by
an election agent under
sub-paragraph (1A)
as it applies in
relation to a risk assessment undertaken by a registered party
under section 54
(1A)
of
the 2000 Act
.
(1E)
But regulations made by the Secretary of State under section
54C(3) apply in relation to donations to a candidate for a local
government election in Scotland or Wales (or their election agent)
only if, before making the regulations, the Secretary of State
obtained the consent of the Scottish Ministers or the Welsh
Ministers (as the case may be).
46
After paragraph 6 insert—
“The threshold amount” in paragraph 6
6A
(1)
In paragraph 6, “the threshold amount” means—
(a)
in relation to relevant donations made to candidates for
local government elections in Scotland (or their election
agents), £11,180;
(b)
in relation to relevant donations made to candidates for
local government elections in Wales (or their election
agents), £11,180;
(c)
in relation to any other relevant donations, £11,180.
(2)
The Scottish Ministers may by regulations vary the sum for the
time being mentioned in sub-paragraph (1)(a)—
(a)
where the Ministers consider that the variation of the sum
is expedient in consequence of changes in the value of
money, or
(b)
in order to give effect to a recommendation of the
Commission.
(3)
The Welsh Ministers may by regulations vary the sum for the
time being mentioned in sub-paragraph (1)(b)—
(a)
where the Ministers consider that the variation of the sum
is expedient in consequence of changes in the value of
money, or
(b)
in order to give effect to a recommendation of the
Commission.
(4)
The Secretary of State may by regulations vary the sum for the
time being mentioned in sub-paragraph (1)(c)—
(a)
where the Secretary of State considers that the variation
of the sum is expedient in consequence of changes in the
value of money, or
(b)
in order to give effect to a recommendation of the
Commission.
(5)
Regulations made by the Scottish Ministers under sub-paragraph
(2)(b) are subject to the negative procedure (see section 28 of the
Interpretation and Legislative Reform (Scotland) Act 2010 (asp
10)).
(6)
Regulations made by the Welsh Ministers under sub-paragraph
(3)(b) are subject to the Senedd annulment procedure (see section
37E of the Legislation (Wales) Act 2019 (anaw 4)).
47
In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
, after
paragraph (a)
insert—
(aa)
sections 56(2) and 58(1)(a) shall have effect as if the references
to section 54(1A) were construed as references to paragraph
6
(1A)
;
.
48
In the italic heading before
paragraph 12
, for the words after “Donations”
substitute “required to be returned”.
49
In
paragraph 12
—
(a)
in
sub-paragraph (1)
—
(i)
after “to” insert “—
(a)
;
(ii)
at the end insert
; and
(b)
relevant donations which a candidate or
election agent is prohibited from accepting by
virtue of paragraph 6
(1A)
(risk assessment).
;
(b)
after
sub-paragraph (3)
insert—
(3A)
Where a candidate or election agent is prohibited from
accepting a relevant donation by virtue of paragraph 6
(1A)
, the statement must record—
(a)
the name and address of the donor or, if the
candidate or election agent is unable to ascertain
the identity of the donor, details of the manner in
which the donation was made;
(b)
the amount of the donation (if a donation of
money, in cash or otherwise) or (in any other case)
the nature of the donation and its value as
determined in accordance with paragraph 5;
(c)
the date when the donation was received, and the
date when, and the manner in which, it was dealt
with in accordance with section 56(2) of
the 2000
Act
; and
(d)
such other information as is required by regulations
made by the Commission.
50
In
section 201
of
RPA 1983
(regulations)—
(a)
in
subsection (2)
, for the words from “under”, in the second place
it occurs, to “unless” substitute “under—
(a)
section 10(4),
(b)
section 29(8);
(c)
section 110(7),
(d)
section 203(4),
(e)
section 203A(2), or
(f)
paragraph 6A(4) of Schedule 2A,
unless
;
(b)
in
subsection (2A)
, for the words from “section 10(4)” to “shall”
substitute
—
(a)
section 10(4),
(b)
section 110(7),
(c)
section 203A(2), or
(d)
paragraph 6A(4)(b) of Schedule 2A,
shall
.
51
In
Schedule 3
to
RPA 1983
(return and declarations as to election expenses),
in the Form of Declaration, after
paragraph 3
insert—
3A
I confirm that all risk assessments required by
paragraph 6
(1A)
of
Schedule 2A
to the
Representation of the People Act 1983
have
been undertaken in relation to donations to the candidate [to me]
for the purposes of meeting expenses of this election.
Risk assessments in relation to donations to accredited campaigners in recall petitions
52
Schedule 4
to the
Recall of MPs Act 2015
(control of donations to accredited
campaigners) is amended as set out in
paragraphs 53
to
58
.
53
In
paragraph 8
(power to alter certain financial limits), in
sub-paragraph
(1)
, after
paragraph (a)
insert—
(aa)
paragraph 9A(1) or (2) (amount above which donation
requires a risk assessment);
.
54
After
paragraph 9
insert—
Prohibition on accepting certain donations without undertaking a risk assessment
9A
(1)
A relevant donation of an amount exceeding £11,180 received by
an accredited campaigner must not be accepted by the accredited
campaigner unless, before the end of the period of 30 days
beginning with the day when the donation is received, the
accredited campaigner has undertaken a risk assessment in
relation to the donation (see
sub-paragraph (4)
).
(2)
For the purposes of
sub-paragraph (1)
, a donation from a person
in respect of a recall petition is to be treated as a donation of an
amount exceeding £11,180 if—
(a)
the accredited campaigner has not previously undertaken
a risk assessment in relation to a relevant donation
accepted from that person in respect of the same recall
petition, and
(b)
when the value of the donation is added to any other
relevant donation or donations from the person that are
accepted by the accredited campaigner in respect of the
same recall petition, the aggregate amount of the donations
is more than £11,180.
(3)
For the purposes of sub-paragraph (1), a donation from a person
in respect of a recall petition is also to be treated as a donation
of an amount exceeding £11,180 if—
(a)
the accredited campaigner has previously undertaken a
risk assessment in relation to a relevant donation accepted
from that person in respect of the same recall petition (the
“previous risk-assessed donation”), and
(b)
when the value of the donation is added to any other
relevant donation or donations from that person in respect
of the same recall petition accepted by the accredited
campaigner after the previous risk-assessed donation was
accepted (or, if there has been more than one, the last such
donation), the aggregate amount of the donations is more
than £11,180.
(4)
Section 54C
of
PPERA 2000
(risk assessments in relation to
donations) applies in relation to a risk assessment undertaken by
an accredited campaigner under
sub-paragraph (1)
as it applies
in relation to a risk assessment undertaken by a registered party
under section 54
(1A)
of
PPERA 2000
.
55
After
paragraph 15
insert—
Duty to return donations where risk assessment not undertaken
15A
(1)
This paragraph applies where an accredited campaigner receives
a relevant donation which the accredited campaigner is prohibited
from accepting by virtue of paragraph 9A(1) (requirement to
undertake risk assessment within 30 days).
(2)
In a case where the accredited campaigner is unable to ascertain
the identity of the donor, the donation must be returned to the
appropriate person before the end of the period of 30 days
beginning with the day on which the donation is received.
(3)
In any other case, the donation must, before the end of that
period, be returned to—
(a)
the donor, or
(b)
any person appearing to be acting on the donor’s behalf.
(4)
In
sub-paragraph (2)
, “the appropriate person” means—
(a)
where the donation was transmitted by a person other
than the donor, and the identity of that person is apparent,
that person,
(b)
where the identity of the person by whom the donation
was transmitted is not apparent, but it is apparent that
the donor has, in connection with the donation, used any
facility provided by an identifiable financial institution,
that institution, and
(c)
in any other case, the Electoral Commission.
(5)
If this paragraph is not complied with, an offence is committed
by—
(a)
the accredited campaigner, and
(b)
the responsible person.
(6)
A person guilty of an offence under this paragraph is liable—
(a)
on conviction on indictment, to imprisonment for a term
not exceeding 12 months or a fine (or both), and
(b)
on summary conviction—
(i)
in England and Wales, to imprisonment for a term
not exceeding the general limit in a magistrates’
court or a fine (or both),
(ii)
in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the
statutory maximum (or both), and
(iii)
in Northern Ireland, to imprisonment for a term
not exceeding 6 months or a fine not exceeding
the statutory maximum (or both).
(7)
The Electoral Commission must pay into the Consolidated Fund
any amount received by virtue of this paragraph.
56
In
paragraph 16
(circumstances in which donation treated as accepted or
received), in
sub-paragraph (2)
—
(a)
in
paragraph (a)
—
(i)
for “or 15(2)” substitute “, 15(2) or 15A(2) or (3)”;
(ii)
after “donors” insert “or due to failure to undertake risk
assessment”;
(b)
in
paragraph (b)
, for “or 15(2)” substitute “, 15(2) or 15A(2) or (3)”.
57
In the italic heading before
paragraph 17
, at the end insert “or where risk
assessment not undertaken”.
58
In
paragraph 17
(forfeiture of donations made by impermissible or
unidentifiable donors), in
sub-paragraph (1)
, at the end insert “or 9A”.
59
Schedule 5
to the
Recall of MPs Act 2015
(recall petition returns) is amended
as set out in
paragraphs 58
to
60
.
60
In the italic heading before
paragraph 4
, for “received from impermissible
or unidentifiable donors” substitute “required to be returned”.
61
In
paragraph 4
(statement relating to relevant donations required to be
returned)—
(a)
in
sub-paragraph (1)
—
(i)
omit the “and” at the end of
paragraph (a)
;
(ii)
at the end insert
, and
(c)
recording the appropriate details in relation
to each relevant donation that the accredited
campaigner received but was prohibited from
accepting by virtue of
paragraph 9A
of
Schedule 4 (risk assessment requirement), or
recording that no relevant donations of that
kind were received.
;
(b)
after
sub-paragraph (3)
insert—
(3A)
In relation to a relevant donation of the kind mentioned
in sub-paragraph (1)(c), “the appropriate details” are—
(a)
the name and address of the donor or, if the
accredited campaigner is unable to ascertain the
identity of the donor, details of the manner in
which the donation was made,
(b)
where the donation is of money, the amount of
the donation,
(c)
where the donation is not of money, the nature of
the donation and its value (as determined in
accordance with paragraph 5 of Schedule 4),
(d)
the date the donation was received by the
accredited campaigner,
(e)
the date and manner in which the donation was
returned in accordance with
paragraph 15A
(2)
or
(3)
of Schedule 4, and
(f)
such other information as may be required by
regulations made by the Electoral Commission.
62
In
paragraph 5
(declaration of responsible person as to return), in
sub-paragraph (2)
, before
paragraph (a)
insert—
(za)
that the accredited campaigner has undertaken a risk
assessment in relation to any relevant donation recorded in
the return as having been accepted by the accredited
campaigner for which such an assessment is required by
paragraph
9A
(1)
of Schedule 4,
.
Risk assessments in relation to candidates in local electionsNorthern Ireland
63
Schedule 3A
to the
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.))
is amended as set out in
paragraphs 64
to
67
.
64
In
paragraph 6
(prohibition on accepting donations from impermissible
donors), after
sub-paragraph (1)
insert—
(1A)
A relevant donation of an amount exceeding £11,180 received by
a candidate or their election agent must not be accepted unless,
before the end of the period of 30 days beginning with the date
when the donation is received, the election agent has undertaken
a risk assessment in relation to the donation (see
sub-paragraph
(1D)
).
(1B)
For the purposes of
sub-paragraph (1A)
, a donation to a candidate
or their election agent from a person in respect of an election is
to be treated as a donation of an amount exceeding £11,180 if—
(a)
the candidate or their election agent has not previously
undertaken a risk assessment in relation to a relevant
donation from that person accepted by the candidate or
their election agent in respect of the same election, and
(b)
when the value of the donation is added to any other
relevant donation or donations from the person accepted
by the candidate or their election agent in respect of the
same election, the aggregate amount of the donations is
more than £11,180.
(1C)
For the purposes of sub-paragraph (1A), a donation to a candidate
or their election agent from a person in respect of an election is
also to be treated as a donation of an amount exceeding £11,180
if—
(a)
the candidate or their election agent has previously
undertaken a risk assessment in relation to a relevant
donation from that person accepted by the candidate or
their election agent in respect of the same election (the
“previous risk-assessed donation”), and
(b)
when the value of the donation is added to any other
relevant donation or donations from that person in respect
of the same election accepted by the candidate or their
election agent after the previous risk-assessed donation
was accepted (or, if there has been more than one, the last
such donation), the aggregate amount of the donations is
more than £11,180.
(1D)
Section 54C
of
the 2000 Act
(risk assessments in relation to
donations) applies in relation to a risk assessment undertaken by
an election agent under
sub-paragraph (1A)
as it applies in
relation to a risk assessment undertaken by a registered party
under section 54
(1A)
of
the 2000 Act
.
65
In
paragraph 7
(acceptance or return of donations), in
sub-paragraph (2)
, after
paragraph (a)
insert—
(aa)
sections 56(2) and 58(1)(a) shall have effect as if the references
to section 54
(1A)
were construed as references to paragraph
6
(1A)
;
.
66
In the italic heading before
paragraph 12
, for the words after “Donations”
substitute “required to be returned”.
67
In
paragraph 12
—
(a)
in
sub-paragraph (1)
—
(i)
after “to” insert “—
(a)
;
(ii)
at the end insert
; and
(b)
relevant donations which a candidate or
election agent is prohibited from accepting by
virtue of paragraph 6
(1A)
(risk assessment).
;
(b)
after
sub-paragraph (3)
insert—
(3A)
Where a candidate or election agent is prohibited from
accepting a relevant donation by virtue of paragraph 6
(1A)
, the statement must record—
(a)
the name and address of the donor or, if the
candidate or election agent is unable to ascertain
the identity of the donor, details of the manner in
which the donation was made;
(b)
the amount of the donation (if a donation of
money, in cash or otherwise) or (in any other case)
the nature of the donation and its value as
determined in accordance with paragraph 5;
(c)
the date when the donation was received, and the
date when, and the manner in which, it was dealt
with in accordance with section 56(2) of
the 2000
Act
.
Schedule 9
Section 62
Unincorporated associations making political contributions
1
Schedule 19A
to
PPERA 2000
(reports of gifts received by unincorporated
associations making political contributions) is amended as set out in
paragraphs 2
to
16
.
2
In the heading omit “Reports of gifts received by”.
3
In the italic heading before
paragraph 1
, for “£37,270” substitute “£11,180”.
4
(1)
Paragraph 1
(requirement to notify Electoral Commission of political
contributions) is amended as follows.
(2)
In
sub-paragraph (1)
, for “£37,270” (in both places it occurs) substitute
“£11,180”.
(3)
In
sub-paragraph (2)
—
(a)
in
paragraph (c)
, for “donation” substitute “controlled donation”;
(b)
in
paragraph (e)
, for “donation” substitute “relevant donation”;
(c)
in
paragraph (f)
—
(i)
for “donation” substitute “relevant donation”;
(ii)
at the end insert “in a Part 7 referendum”;
(d)
at the end insert—
(h)
it makes a relevant donation within the meaning of
Schedule 2A
to the
Representation of the People Act
1983
to a candidate at an election to which
that Act
applies;
(i)
it makes a relevant donation within the meaning of
Schedule 6
to the
Senedd Cymru (Representation of
the People) Order 2025
(S.I. 2025/864) to a candidate
at an election to Senedd Cymru;
(j)
it makes a relevant donation within the meaning of
Schedule 2A
to the
Representation of the People Act
1983
to a candidate at an election to the Scottish
Parliament (see
article 36
(4)
of the
Scottish Parliament
(Elections etc.) Order 2015
(
S.S.I. 2015/425
));
(k)
it makes a relevant donation within the meaning of
Part 5
of
Schedule 3
to the
Referendums (Scotland)
Act 2020
(asp 2) to a permitted participant in a
Scottish referendum;
(l)
it makes a relevant donation within the meaning of
Schedule 3A to the
Electoral Law Act (Northern
Ireland) 1962
(c. 14 (N.I.)) to a candidate at a local
election within the meaning of
that Act
;
(m)
it makes a relevant donation within the meaning of
Schedule 5
to the
Police and Crime Commissioner
Elections Order 2012
(S.I. 2012/1917) to a candidate
at an election of a police and crime commissioner.
(4)
After
sub-paragraph (2)
insert—
(2A)
In sub-paragraph (2)(h), the reference to an election to which the
Representation of the People Act 1983
applies includes an election
to which
that Act
applies by virtue of—
(a)
the
Northern Ireland Assembly (Elections) Order 2001
(S.I.
2001/2599);
(b)
the
Local Authorities (Mayoral Elections) (England and
Wales) Regulations 2007
(S.I. 2007/1024);
(c)
the
Combined Authorities (Mayoral Elections) Order 2017
(S.I. 2017/67).
(5)
In
sub-paragraph (4)
—
(a)
in the definition of “permitted participant”, after “participant” insert
“in a Part 7 referendum”;
(b)
after the definition of “permitted participant” insert—
permitted participant in a Scottish referendum
has the
meaning given in
paragraph 2
of
Schedule 3
to the
Referendums (Scotland) Act 2020
;
.
(6)
In
sub-paragraph (5)
—
(a)
in
paragraph (d)
, after “participant” insert “in a Part 7 referendum”;
(b)
at the end insert—
(g)
the value of a donation to a candidate at an election
to which the
Representation of the People Act 1983
applies shall be determined in accordance with
paragraph 5
of
Schedule 2A
to
that Act
;
(h)
the value of a donation to a candidate at an election
to Senedd Cymru shall be determined in accordance
with
paragraph 5
of
Schedule 6
to the
Senedd Cymru
(Representation of the People) Order 2025
(S.I.
2025/864);
(i)
the value of a donation to a candidate at an election
to the Scottish Parliament shall be determined in
accordance with
paragraph 5
of
Schedule 2A
to the
Representation of the People Act 1983
;
(j)
the value of a donation to a permitted participant in
a Scottish referendum shall be determined in
accordance with
paragraph 34
of
Schedule 3
to the
Referendums (Scotland) Act 2020
(asp 2);
(k)
the value of a donation to a candidate at a local
election within the meaning of the
Electoral Law Act
(Northern Ireland) 1962
(c. 14 (N.I.)) shall be
determined in accordance with
paragraph 5
of
Schedule 3A
to
that Act
;
(l)
the value of a donation to a candidate at an election
of a police and crime commissioner shall be
determined in accordance with
paragraph 5
of
Schedule 5
to the
Police and Crime Commissioner
Elections Order 2012
(S.I. 2012/1917).
(7)
At the end insert—
(7)
Sub-paragraph (8) applies if—
(a)
a requirement imposed by this paragraph is prescribed
for the purposes of paragraph 1(1)(b) or 5(1)(b) of Schedule
19C (civil sanctions),
(b)
the unincorporated association breaches the requirement,
and
(c)
at the time of the breach, an appointment of a responsible
person in relation to the unincorporated association is in
force (see paragraph
1A
(10)
).
(8)
The responsible person is to be treated for the purposes of
paragraph 1 or (as the case may be) paragraph 5 of Schedule 19C
as having also contravened the requirement.
5
(1)
After
paragraph 1
insert—
Appointment of responsible person
1A
(1)
This paragraph applies where the making of a political
contribution by an unincorporated association causes the
association to be subject to the notification requirement in
paragraph 1.
(2)
The association must appoint an individual to be the responsible
person in relation to the association, unless it already has one
(see
sub-paragraph (7)
).
(3)
The association must, at the same time as notifying the
Commission under paragraph 1, give a notice to the Commission
informing them that the association has appointed an individual
to be the responsible person in relation to the association.
(4)
The notice—
(a)
must contain a statement signed by the individual
appointed as the responsible person confirming that they
are willing to be the responsible person, and
(b)
must be signed by another individual authorised to do so
by the unincorporated association.
(5)
The notice must also state—
(a)
the name and address of the unincorporated association;
(b)
the full name of the individual appointed as the
responsible person;
(c)
that individual’s home address in the United Kingdom,
or (if there is no such home address) the individual’s home
address elsewhere;
(d)
that individual’s role or position in relation to the
association (in addition to being the responsible person);
(e)
the full name of the individual signing under
sub-paragraph (4)
(b)
and their role or position in relation
to the association.
(6)
The notice must contain a declaration, made by the individual
signing under
sub-paragraph (4)
(b)
, that to the best of their
knowledge and belief—
(a)
everything stated in the notice is accurate, and
(b)
the notice contains everything that it is required by this
paragraph to contain.
(7)
Where an unincorporated association would be required by
sub-paragraph (2) to appoint an individual to be the responsible
person in relation to the association but an appointment of such
a person is already in force, the notice under sub-paragraph (3)
must inform the Commission that the responsible person is willing
to remain as the responsible person in relation to the association
(and sub-paragraph (4)(a) is to be read accordingly).
(8)
An unincorporated association—
(a)
may appoint a different individual to replace the
responsible person appointed under
sub-paragraph (2)
or
any replacement responsible person, and
(b)
must appoint a replacement responsible person if the
responsible person for the time being appointed becomes
unable or unwilling to act as the responsible person in
relation to the association before the appointment would
otherwise have lapsed.
(9)
Where an unincorporated association appoints a replacement
responsible person, it must, before the end of the period of seven
days beginning with the day on which the replacement person
is appointed, give a notice to the Commission informing them of
the appointment.
(10)
Sub-paragraphs (4)
to
(6)
apply to a notice under
sub-paragraph
(9)
as they apply to a notice under
sub-paragraph (3)
.
(11)
An appointment under
sub-paragraph (2)
or
(8)
—
(a)
comes into force on the date on which notice of the
appointment is received by the Commission, and
(b)
continues until—
(i)
the Commission receives a further notice from the
unincorporated association informing the
Commission of the appointment of a replacement
responsible person, or
(ii)
the appointment lapses.
(12)
An appointment of a responsible person lapses at the end of the
period of three months beginning with the day on which the
unincorporated association makes its final report under paragraph
2(4).
(13)
If any of the information given to the Commission about a
responsible person changes while their appointment is in force,
the unincorporated association must, within the period of 30 days
beginning with the date on which the information changed, give
a notice to the Commission informing them of the change.
(14)
The notice must contain a declaration, made by an individual
authorised to do so by the unincorporated association, that to the
best of their knowledge and belief everything stated in the notice
is accurate.
Prohibition on using gifts from impermissible donors etc to make political
contributions
1B
(1)
This paragraph applies where the making of a political
contribution by an unincorporated association causes the
association to be subject to the notification requirement in
paragraph 1.
(2)
Every gift with a value of more than £500 that the unincorporated
association uses (or has used) for the purposes of making a
relevant political contribution must be a permissible gift.
(3)
A “relevant political contribution” means a political contribution
that is made in the calendar year in which the contribution date
falls.
(4)
A gift is a “permissible gift” in relation to a relevant political
contribution if—
(a)
it was received in the relevant period, and
(b)
at the time the gift was received by the unincorporated
association, the person by whom the gift was made was
a permissible donor.
(5)
The “relevant period” is the period beginning with the start of
the calendar year preceding the year in which the contribution
date falls, and ending with the date on which the relevant political
contribution is made.
Meaning of “permissible donor”
1C
(1)
A person is a permissible donor for the purposes of this Schedule
if they fall within any of paragraphs (a) to (g) of section 54(2).
(2)
For the purposes of this Schedule, a gift received by an
unincorporated association which is an exempt trust donation is
to be regarded as a gift received from a permissible donor.
(3)
But, for the purposes of this Schedule, a gift received by an
unincorporated association from a trustee of any property (in the
trustee’s capacity as such) which is not—
(a)
an exempt trust donation, or
(b)
a gift transmitted by the trustee to the unincorporated
association on behalf of beneficiaries under the trust who
are persons who, at the time of its receipt by the
unincorporated association, are permissible donors falling
within any of paragraphs (a) to (g) of section 54(2),
is to be regarded as a gift received by the unincorporated
association from a person who is not a permissible donor.
(4)
Section 162 (meaning of exempt trust donation) applies for the
purposes of this paragraph as if, in subsection (2)(a), for “27th
July 1999” there were substituted “7th April 2026”.
6
In
paragraph 2
(requirement to report gifts to Electoral Commission)—
(a)
for “£11,180” (in each place it occurs) substitute “£2,230”;
(b)
omit
sub-paragraph (6)
;
(c)
at the end insert—
(9)
If—
(a)
a requirement imposed by this paragraph is
prescribed for the purposes of paragraph 1(1)(b)
or 5(1)(b) of Schedule 19C (civil sanctions), and
(b)
the unincorporated association breaches the
requirement,
the responsible person in relation to the unincorporated
association is to be treated for the purposes of paragraph
1 or (as the case may be) paragraph 5 of Schedule 19C as
having also contravened the requirement.
7
In the italic heading before
paragraph 3
, at the end insert “: non-political
gifts”.
8
In
paragraph 3
(information to be included in reports under paragraph 2:
non-political gifts), in
sub-paragraph (1)
—
(a)
in the words before
paragraph (a)
, after “specified” insert “that is
not a political gift”;
(b)
after
paragraph (b)
insert—
(ba)
the fact that it was not a political gift;
;
(c)
after
sub-paragraph (1)
insert—
(1A)
A gift is a “political gift” if it is retained by the
unincorporated association for the purposes of making a
political contribution.
9
After
paragraph 3
insert—
Information to be included in reports under paragraph 2political gifts
3A
(1)
A report under paragraph 2 must give the following information
in relation to each gift that is required to be specified that is a
political gift—
(a)
the date on which it was received;
(b)
the form that it took;
(c)
the fact that it was a political gift;
(d)
the amount or value of it;
(e)
the information about the person by whom the gift was
made which is, in connection with recordable donations
to registered parties, required to be recorded in donation
reports by virtue of paragraph 2 or 2A of Schedule 6.
(2)
A gift is a “political gift” if it is retained by the unincorporated
association for the purposes of making a political contribution.
(3)
Where paragraph 2(5) applies, each of the gifts of more than £500
mentioned in that provision is required to be specified separately
for the purposes of sub-paragraph (1).
(4)
Where a person (“P”) makes a gift indirectly through one or more
intermediaries, the reference in sub-paragraph
(1)
(e)
to the person
by whom the gift was made is to be read as a reference to P and
each of the intermediaries.
(5)
In the case of a gift given by an individual who has an
anonymous entry in an electoral register (within the meaning of
the
Representation of the People Act 1983
), if the report states
that the unincorporated association has seen evidence of such
description as is prescribed by the Secretary of State in regulations
that the individual has such an anonymous entry (see paragraph
2(3B) of Schedule 6, as applied by sub-paragraph
(1)
(e)
), the report
must be accompanied by a copy of the evidence.
10
In the italic heading before
paragraph 4
, for “authorised individual”
substitute “responsible person”.
11
In
paragraph 4
(declaration)—
(a)
the existing text becomes
sub-paragraph (1)
;
(b)
in
that sub-paragraph
, in the words before
paragraph (a)
—
(i)
for “an individual authorised to do so” substitute “the
responsible person appointed under
paragraph 1A
”;
(ii)
for “individual’s” substitute “person’s”;
(c)
at the end insert—
(2)
A notification under paragraph 1 must also contain a
declaration that, to the best of the responsible person’s
knowledge and belief, every gift with a value of more
than £500 that was used for the purposes of making—
(a)
the political contribution that was made on the
contribution date, and
(b)
any political contribution made previously in the
calendar year in which the contribution date falls,
was a permissible gift.
(3)
A report under paragraph 2 must also contain a
declaration that, to the best of the responsible person’s
knowledge and belief—
(a)
every gift received by the unincorporated
association in the period covered by the report that
is required by paragraph 2 to be specified in the
report has been so specified;
(b)
every gift with a value of more than £500—
(i)
that was received by the unincorporated
association in the period covered by the
report, and
(ii)
that the unincorporated association has
used, or intends to use, for the purposes of
making a relevant political contribution,
is a permissible gift.
12
In
paragraph 5
(additional matters to be included in notifications and
reports)—
(a)
in the words before
paragraph (a)
, after “3” insert “, 3A”;
(b)
in
paragraph (c)
, for “individual making the declaration under
paragraph 4” substitute “responsible person”;
(c)
omit
paragraphs (d)
and
(e)
.
13
In
paragraph 6
(offences)—
(a)
before
sub-paragraph (3)
insert—
(2A)
An unincorporated association and the responsible person
for the unincorporated association each commits an offence
if—
(a)
the unincorporated association uses a gift for the
purposes of making a relevant political contribution
which—
(i)
has a value of more than £500, and
(ii)
is not a permissible gift; and
(b)
the responsible person for the unincorporated
association knew or ought reasonably to have
known of the matters mentioned in paragraph (a).
(2B)
It is a defence for a responsible person charged with an
offence under sub-paragraph (2A) to prove that they took
all reasonable steps to prevent the unincorporated
association from making the political contribution using
a gift that was not a permissible gift.
;
(b)
in
sub-paragraph (3)
, after “paragraph” insert “
1A
(6)
or
(13)
or”;
(c)
after sub-paragraph (3) insert—
(3A)
A person commits an offence if—
(a)
they knowingly give an unincorporated association
any information relating to—
(i)
the amount of any gift to the association,
or
(ii)
the person or body making such a gift,
which is false in a material particular, or
(b)
with intent to deceive, they withhold from an
unincorporated association any material
information relating to a matter within paragraph
(a)(i) or (ii),
in circumstances where they believe that the
unincorporated association may use the gift for the
purposes of making a political contribution.
14
In
paragraph 7
(register of recordable gifts to unincorporated associations)—
(a)
in
sub-paragraph (2)
(a)
, at the end insert—
(iv)
the name of the responsible person appointed
by the unincorporated association under
paragraph
1A
;
(b)
in sub-paragraph (2)(b)(iii), at the end insert “or 3A”.
15
For the italic heading before
paragraph 9
substitute “Interpretation”.
16
In
paragraph 9
(interpretation), at the end insert—
(5)
In this Schedule—
contribution date
has the meaning given in paragraph 2;
permissible gift
has the meaning given in
paragraph 1B
;
relevant political contribution
has the meaning given in
paragraph 1B
.
17
For section 140A of PPERA 2000 and the italic heading before it, substitute—
Unincorporated associations making political contributions
140A
Unincorporated associations making political contributions
Schedule 19A, which makes provision about unincorporated
associations making political contributions, has effect.
18
In section 145 of PPERA 2000 (duties of Electoral Commission with respect
to compliance with controls imposed by the Act etc), in subsection (1)(a),
after sub-paragraph (iii) (but before the “and”) insert—
(iv)
Schedule 19A;
19
In
Schedule 19B
to
PPERA 2000
(investigatory powers of Electoral
Commission)—
(a)
in
paragraph 1
(power to require disclosure), in
sub-paragraph (1)
, after
paragraph (e)
insert—
(ea)
an unincorporated association;
;
(b)
in
paragraph 2
(inspection warrants), in
sub-paragraph (1)
, at the
end insert—
(e)
an unincorporated association.
20
In
Schedule 20
to
PPERA 2000
(penalties), at the appropriate place insert—
Paragraph 6
(2A)
of Schedule 19A
(using impermissible gift to make
political contribution)
On summary conviction in England
and Wales: fine or the general limit
in a magistrates’ court
On summary conviction in Scotlandstatutory maximum or 12 months
On summary conviction in Northern
Ireland: statutory maximum or 6
months
On indictmentfine or 1 year
Paragraph 6(3A)(a) of Schedule 19A
(knowingly giving unincorporated
association false information about
gifts)
On summary conviction in England
and Wales: fine or the general limit
in a magistrates’ court
On summary conviction in Scotlandstatutory maximum or 12 months
On summary conviction in Northern
Ireland: statutory maximum or 6
months
On indictmentfine or 1 year
Paragraph 6(3A)(b) of Schedule 19A
(withholding from unincorporated
association information about gifts
with intent to deceive)
On summary conviction in England
and Wales: fine or the general limit
in a magistrates’ court
On summary conviction in Scotlandstatutory maximum or 12 months
On summary conviction in Northern
Ireland: statutory maximum or 6
months
On indictmentfine or 1 year
.
21
In
section 62
of the
Electoral Administration Act 2006
(regulation of loans:
power to make provision for candidates, third parties, referendums and
recall petitions)—
(a)
in
subsection (2)
, at the end insert—
(e)
an unincorporated association that is subject to the
notification requirement in paragraph 1 of Schedule
19A to the 2000 Act.
;
(b)
in the heading, for the words from “provision” to the end, substitute
“additional provision”.
Schedule 10
Section 66
Decriminalisation of certain administrative requirements
Part 1
Abolition of offences
Introduction
1
PPERA 2000
is amended as follows.
Registered parties
2
Omit
section 47
(criminal penalty for failure to submit proper statement of
accounts).
3
In
section 65
(submission of donation reports) omit
subsections (3)
and
(4)
.
4
In
section 71S
(submission of transaction reports) omit
subsections (4)
and
(5)
.
5
In
section 82
(delivery of campaign expenditure returns) omit
subsection
(4)
.
6
In
section 83
(treasurers’ declarations about campaign expenditure returns)
in
subsection (3)
omit
paragraph (b)
.
7
In
Schedule 7
(control of donations to party members and members
associations)—
(a)
omit
paragraph 1B
and the italic heading before it (offence of failing
to appoint responsible person);
(b)
in
paragraph 12
(failure to comply with requirements about donation
reports) omit
sub-paragraphs (1)
and
(2)
.
8
In
paragraph 12
of
Schedule 7A
(failure to comply with reporting
requirements in relation to certain transactions involving party members
and members associations) omit
sub-paragraphs (1)
and
(2)
.
Recognised third parties
9
In
section 95C
(offences in relation to donation reports by recognised third
parties) omit
subsection (1)
.
10
In
section 98
(delivery of controlled expenditure returns) omit
subsection
(4)
.
11
In
section 99
(responsible persons’ declarations about controlled expenditure
returns), in
subsection (4)
omit
paragraph (b)
.
12
In
section 99A
(responsible persons’ declarations about statements of
accounts), in
subsection (3)
omit
paragraph (b)
.
Referendum participants
13
In
section 122
(delivery of permitted participants’ referendum expenses
returns) omit
subsection (4)
.
14
In
section 123
(responsible persons’ declarations about referendum expenses
returns), in
subsection (4)
omit
paragraph (b)
.
Unincorporated associations making political contributions
15
In
paragraph 6
of
Schedule 19A
(offences relating to the notification and
reporting of contributions and gifts) omit
sub-paragraphs (1)
,
(2)
and
(4)
.
Part 2
Consequential amendments
PPERA 2000
16
(1)
PPERA 2000
is amended as follows.
(2)
In
section 48
(revision of accounts), in
subsection (9)
omit
paragraph (b)
(power to modify section 47(1)).
(3)
In
section 65
(6)
(forfeiture of party donation not properly reported)—
(a)
for “such requirements” substitute “relevant requirement”;
(b)
at the end insert—
“Relevant requirement” means a requirement of this Part
as regards the recording of donations in a donation report.
(4)
In
Schedule 7
(control of donations to party members and members
associations)—
(a)
for the italic heading before
paragraph 12
substitute “Forfeiture of
donation not properly reported”;
(b)
in
paragraph 12
(4)
, for “such requirements” substitute “requirement
of paragraph 10 or 11”;
(c)
in
paragraph 17
—
(i)
in
sub-paragraph (2)
(b)
omit “, and paragraph 12(1) and (2),”;
(ii)
omit
sub-paragraph (3)
.
(5)
In
Schedule 7A
(control of loans and other transactions involving party
members or members associations)—
(a)
for the italic heading before
paragraph 12
substitute “Reversal of
transaction not properly reported”;
(b)
in
paragraph 12
(4)
, for “such requirements” substitute “requirement
of paragraph 9, 10 or 11”;
(c)
in
paragraph 17
(4)
omit “or 12(1) or (2)”;
(d)
in
paragraph 18
—
(i)
in
sub-paragraph (2)
omit
paragraph (b)
;
(ii)
omit
sub-paragraph (3)
.
(6)
In the table in
Schedule 20
(penalties for offences) omit the rows that begin
as follows—
“Section 47(1)(a)”;
“Section 47(1)(b)”;
“Section 65(3)”;
“Section 65(4)”;
“Section 71S(4)”;
“Section 71S(5)”;
“Section 82(4)(a)”;
“Section 82(4)(b)”;
“Section 82(4)(c)”;
“Section 83(3)(b)”;
“Section 95C(1)(a)”;
“Section 95C(1)(b)”;
“Section 95C(1)(c)”;
“Section 98(4)(a)”;
“Section 98(4)(aa)”;
“Section 98(4)(b)”;
“Section 98(4)(ba)”;
“Section 98(4)(c)”;
“Section 99(4)(b)”;
“Section 99A(3)(b)”;
“Section 122(4)(a)”;
“Section 122(4)(b)”;
“Section 122(4)(c)”;
“Section 123(4)(b)”;
“Paragraph 1B of Schedule 7”;
“Paragraph 12(1) of Schedule 7”;
“Paragraph 12(2) of Schedule 7”;
“Paragraph 12(1) of Schedule 7A”;
“Paragraph 12(2) of Schedule 7A”;
“Paragraph 6(1) of Schedule 19A”;
“Paragraph 6(2) of Schedule 19A”.
Political Parties and Elections Act 2009
17
In
section 13
of the
Political Parties and Elections Act 2009
(addition of
“reasonable excuse” defence to certain offences under PPERA 2000) omit—
(a)
subsection (2)
(a)
and
(b)
;
(b)
subsection (3)
(a)
;
(c)
subsection (4)
(a)
;
(d)
subsection (5)
(a)
and
(b)
;
(e)
subsection (6)
(a)
and
(b)
.
Schedule 11
Section 67
Extension of Electoral Commission’s enforcement functions
Part 1
Amendments of PPERA 2000
Introduction
1
PPERA 2000
is amended as follows.
General provisions
2
For the italic heading before
section 145
substitute “Enforcement functions
of the Commission”.
3
(1)
Section 145
(general duties with respect to compliance) is amended as
follows.
(2)
In
subsection (1)
—
(a)
omit the “and” after
paragraph (a)
;
(b)
after
paragraph (b)
insert
, and
(c)
any other restriction or requirement failure to comply
with which amounts or may amount to an offence
that is prescribed for the purposes of paragraph 1, 5,
10 or 15 of Schedule 19C (offences in respect of which
civil sanction may be imposed).
(3)
Omit
subsection (7)
.
4
In
section 147
(1)
(which introduces Schedule 19C), in
paragraph (a)
, at the
end insert “and offences under certain provisions of the Representation of
the People Act 1983, the Electoral Law Act (Northern Ireland) 1962, the
Recall of MPs Act 2015 and the Elections Act 2022”.
Offences relating to the supply of information
5
(1)
Section 148
(general offences) is amended as follows.
(2)
In
subsection (1)
—
(a)
in the words before
paragraph (a)
, after “if” insert “, with the
requisite intention,”;
(b)
omit the words after “19B”.
(3)
After
subsection (1)
insert—
(1A)
The requisite intention is that of—
(a)
falsifying the book, record or other document in question,
or
(b)
enabling any person to evade a relevant enactment.
(4)
In
subsection (2)
, in the words before
paragraph (a)
, for “any of the
provisions of this Act” substitute “a relevant enactment”.
(5)
In
subsection (3)
, in the words after
paragraph (b)
, for “any of the provisions
of this Act” substitute “a relevant enactment”.
(6)
Omit
subsection (5)
.
(7)
In
subsection (6)
—
(a)
before
paragraph (a)
insert—
(za)
“relevant enactment” means—
(i)
an enactment that confers functions on the
Commission, or
(ii)
an enactment in relation to which the
Commission has an enforcement function;
(zb)
“enforcement function”, in relation to an enactment,
means a function of, or conferred for the purpose
of—
(i)
monitoring or securing compliance with the
enactment, or
(ii)
investigating, or taking measures in response
to, failures to comply with the enactment;
;
(b)
in
paragraph (a)
, for the words after “is” substitute “—
(i)
a regulated donee,
(ii)
a regulated participant,
(iii)
a recognised third party,
(iv)
a permitted participant,
(v)
a candidate at an election,
(vi)
the election agent for such a candidate,
(vii)
subject to third-party election campaigning
requirements, or
(viii)
an accredited recall campaigner;
;
(c)
in
paragraph (b)
—
(i)
omit the “or” after
sub-paragraph (iii)
;
(ii)
after
sub-paragraph (iv)
insert—
(v)
a person, other than an individual,
who is subject to third-party election
campaigning requirements, or
(vi)
an accredited recall campaigner other
than an individual;
;
(d)
in
paragraph (c)
, after
sub-paragraph (v)
insert—
(vi)
in relation to a person who is subject to
third-party election campaigning requirements,
means the treasurer or similar officer of the
person or, if there is no such officer, an
individual authorised by the person for the
purposes of subsections (2) and (3),
(vii)
in relation to an accredited recall campaigner,
the person who is the responsible person in
relation to the campaigner for the purposes
of
Schedule 3
to the
Recall of MPs Act 2015
(see paragraph 21 of that Schedule);
.
(8)
After
subsection (6)
insert—
(7)
For the purposes of this section, a person is “subject to third-party
election campaigning requirements” if the person—
(a)
is required to deliver a return under
section 75
(2)
of the
Representation of the People Act 1983
or
section 41
(5)
of the
Electoral Law Act (Northern Ireland) 1962
, or
(b)
has been given a disclosure notice under paragraph 1 of
Schedule 19B in reliance on sub-paragraph (1)(i) or (j) of that
paragraph.
Interpretation of enforcement provisions
6
After
section 148
insert—
148A
Interpretation of enforcement provisions
In sections 145 to 148 and Schedules 19B and 19C—
accredited recall campaigner
means a person who is an
accredited campaigner for the purposes of
Schedule 3
to the
Recall of MPs Act 2015
(see paragraph 17 of that Schedule);
candidate
is to be read—
(a)
in relation to an election to which
Part 2
of the
Representation of the People Act 1983
applies, in
accordance with
section 118A
of
that Act
, and
(b)
in relation to an election to which
Part 6
,
9
or
10
of
the
Electoral Law Act (Northern Ireland) 1962
applies,
in accordance with
section 130
(3)
and
(3A)
of
that
Act
;
election
means a relevant election for the purposes of Part
2;
election agent
includes a sub-agent.
Procedure for orders prescribing offences
7
In
section 156
(4A)
(orders subject to affirmative procedure), for the words
from “1(1)” to “or paragraph” substitute “1, 5, 10 or”.
Investigatory powers
8
(1)
Schedule 19B
(Commission’s investigatory powers) is amended as follows.
(2)
In
paragraph 1
(1)
(persons subject to power to require financial disclosure)—
(a)
in
paragraph (f)
omit “(other than a local government election in
Scotland)”;
(b)
after
paragraph (h)
insert—
(i)
a person who the Commission believes or reasonably
suspects has incurred expenditure that—
(i)
contravenes
subsection (1)
of
section 75
of the
Representation of the People Act 1983
(unauthorised third-party expenditure),
(ii)
would do so but for the authorisation of an
election agent as mentioned in
that section
, or
(iii)
would do so but for
subsection (1ZZB)
of
that
section
;
(j)
a person who the Commission believes or reasonably
suspects has incurred expenditure that—
(i)
contravenes
subsection (1)
of
section 41
of the
Electoral Law Act (Northern Ireland) 1962
(unauthorised third-party expenditure),
(ii)
would do so but for the authorisation of an
election agent as mentioned in
that section
, or
(iii)
would do so but for
subsection (2)
(ii)
of
that
section
;
(k)
an accredited recall campaigner.
(3)
In
paragraph 3
(1)
(a)
(offences engaging power to require documents or
other information), for “an offence under this Act” substitute “—
(i)
an offence under this Act, or
(ii)
any other offence that is prescribed for the purposes
of paragraph 1, 5, 10 or 15 of Schedule 19C (offences
in respect of which civil sanction may be imposed),
.
(4)
In
paragraph 4
(2)
(powers of court where document not obtained under
paragraph 3), in
paragraph (a)
, for “under this Act” substitute “within
paragraph 3(1)(a)”.
(5)
In
paragraph 5
(2)
(powers of court where information or explanation not
obtained under paragraph 3), in
paragraph (a)
, for “under this Act”
substitute “within paragraph 3(1)(a)”.
Civil sanctions
9
(1)
Schedule 19C
(imposition by Commission of civil sanctions) is amended
as follows.
(2)
In
paragraph 1
(fixed monetary penalties)—
(a)
after
sub-paragraph (2)
insert—
(2A)
The Commission may by notice impose a fixed monetary
penalty on an accounting unit of a registered party if
satisfied beyond reasonable doubt that the registered
treasurer of the unit—
(a)
has committed a prescribed offence, or
(b)
has (otherwise than by committing an offence
under this Act) contravened a prescribed restriction
or requirement imposed by or by virtue of this
Act.
;
(b)
after
sub-paragraph (4)
insert—
(4A)
The Commission may by notice impose a fixed monetary
penalty on the responsible person if satisfied beyond
reasonable doubt that a members association has
contravened a prescribed restriction or requirement
imposed by or by virtue of Schedule 7 or 7A (otherwise
than by committing an offence under or by virtue of that
Schedule).
(4B)
The Commission may by notice impose a fixed monetary
penalty on a relevant electoral candidate if satisfied beyond
reasonable doubt that the candidate’s election agent has
committed a prescribed offence.
(4C)
The Commission may by notice impose a fixed monetary
penalty on an accredited recall campaigner if satisfied
beyond reasonable doubt that the responsible person has
committed a prescribed offence.
;
(c)
at the end insert—
(7)
A person’s ceasing to fall within a category referred to
above does not affect any liability already incurred (by
that person or any other) to the imposition of a penalty
under this paragraph.
(3)
In
paragraph 4
(effect of fixed monetary penalty on criminal proceedings)—
(a)
in
sub-paragraphs (1)
(a)
and
(b)
and
(2)
, for “this” substitute “the
applicable”;
(b)
after
sub-paragraph (2)
insert—
(3)
In this paragraph, “the applicable Act” means the Act that
contains the offence, restriction or requirement in respect
of which the penalty is imposed or proposed to be
imposed.
(4)
In
paragraph 5
(discretionary requirements)—
(a)
after
sub-paragraph (2)
insert—
(2A)
The Commission may by notice impose one or more
discretionary requirements on an accounting unit of a
registered party if satisfied beyond reasonable doubt that
the registered treasurer of the unit—
(a)
has committed a prescribed offence, or
(b)
has (otherwise than by committing an offence
under this Act) contravened a prescribed restriction
or requirement imposed by or by virtue of this
Act.
;
(b)
after
sub-paragraph (4)
insert—
(4A)
The Commission may by notice impose one or more
discretionary requirements on the responsible person if
satisfied beyond reasonable doubt that a members
association has contravened a prescribed restriction or
requirement imposed by or by virtue of Schedule 7 or 7A
(otherwise than by committing an offence under or by
virtue of that Schedule).
(4B)
The Commission may impose one or more discretionary
requirements on a relevant electoral candidate if satisfied
beyond reasonable doubt that the candidate’s election
agent has committed a prescribed offence.
(4C)
The Commission may impose one or more discretionary
requirements on an accredited recall campaigner if satisfied
beyond reasonable doubt that the responsible person has
committed a prescribed offence.
;
(c)
at the end insert—
(9)
A person’s ceasing to fall within a category referred to
above does not affect any liability already incurred (by
that person or any other) to the imposition of a
requirement under this paragraph.
(5)
In
paragraph 8
(effect of discretionary requirement on criminal
proceedings)—
(a)
in
sub-paragraph (1)
, for “this” substitute “the applicable”;
(b)
after
sub-paragraph (2)
insert—
(3)
In this paragraph, “the applicable Act” means the Act that
contains the offence, restriction or requirement in respect
of which the discretionary requirement is imposed.
(6)
In
paragraph 10
(stop notices)—
(a)
in
sub-paragraph (2)
(c)
, for the words from “controls” to “others”
substitute “relevant system of controls”;
(b)
in
sub-paragraph (3)
(c)
, for “controls mentioned in sub-paragraph
(2)(c)” substitute “relevant system of controls”;
(c)
after
sub-paragraph (4)
insert—
(5)
In this paragraph, “the relevant system of controls” means
the system of controls of which the offence, restriction or
requirement in question forms part.
(7)
In
paragraph 15
(enforcement undertakings)—
(a)
in
sub-paragraph (2)
(a)
, for “this” substitute “the applicable”;
(b)
after
sub-paragraph (2)
insert—
(3)
In this paragraph, “the applicable Act” means the Act that
contains the offence, restriction or requirement that
engaged sub-paragraph (1)(a).
(8)
In
paragraph 20
(extension of time for taking criminal proceedings)—
(a)
the existing text becomes
sub-paragraph (1)
;
(b)
in
that sub-paragraph
, for the words from “under” to the end of
paragraph (b) substitute “to which this paragraph applies”;
(c)
after
that sub-paragraph
insert—
(2)
This paragraph applies to an offence of which a person
is liable to be convicted by virtue of—
(a)
paragraph 8(2) (failure to comply with
non-monetary discretionary requirement), or
(b)
the words before paragraph (a) in paragraph 15(2)
(failure to comply with undertaking).
(9)
In
paragraph 23
(use of statements made compulsorily), after
sub-paragraph
(2)
insert—
(3)
If the offence under
section 48
(1)
of the
Elections Act 2022
(breaching requirements as to publication of electronic material)
is prescribed for the purposes of paragraph 1, 5 or 10,
sub-paragraph (1) applies to a requirement imposed under
Schedule 12
to
that Act
as it applies to a requirement imposed
under Schedule 19B.
(10)
In
paragraph 25
(1)
(guidance as to enforcement action), in
paragraph (a)
(ii)
, for “contravenes a restriction or requirement” substitute “commits any other
offence, or contravenes a restriction or requirement,”.
(11)
In
paragraph 29
(interpretation)—
(a)
at the appropriate place insert—
relevant electoral candidate
means a candidate at an election
to which
Part 2
of the
Representation of the People Act 1983
or
Part 6
of the
Electoral Law Act (Northern Ireland) 1962
applies;
;
(b)
in the definition of “responsible person”, after
paragraph (b)
insert—
(c)
in relation to a members association, means the
responsible person for the purposes of Schedule
7 and 7A (see paragraphs 1(9) and 1A of the
former and paragraph 1(7A) to (7C) of the
latter);
(d)
in relation to an accredited recall campaigner,
means the responsible person for the purposes
of
Schedule 3
to the
Recall of MPs Act 2015
(see
paragraph 21 of that Schedule);
.
10
In
Schedule 7
(control of donations to party members and members
associations), in
paragraph 17
(functions and liabilities of compliance
officers), after
sub-paragraph (2)
insert—
(2A)
If—
(a)
a notice under this paragraph is in force,
(b)
a restriction or requirement imposed by or by virtue of
this Schedule is prescribed for the purposes of paragraph
1(1)(b) or 5(1)(b) of Schedule 19C, and
(c)
the office-holder contravenes the restriction or requirement,
the compliance officer is to be treated for the purposes of
paragraph 1 or (as the case may be) 5 of Schedule 19C as having
also contravened the restriction or requirement.
11
In
Schedule 7A
(control of loans and other transactions involving party
members or members associations), in
paragraph 18
(compliance officers),
after
sub-paragraph (2)
insert—
(2A)
If—
(a)
a notice under paragraph 17 of Schedule 7 is in force,
(b)
either—
(i)
an offence under paragraph 8 of this Schedule, or
(ii)
a restriction or requirement imposed by or by
virtue of this Schedule,
is prescribed for the purposes of paragraph 1(1)(b) or
5(1)(b) of Schedule 19C, and
(c)
the office-holder commits the offence or contravenes the
restriction or requirement,
the compliance officer is to be treated for the purposes of
paragraph 1 or (as the case may be) 5 of Schedule 19C as having
also committed the offence or contravened the restriction or
requirement.
Part 2
Minor and consequential amendments of other legislation
Electoral Law Act (Northern Ireland) 1962
12
(1)
The
Electoral Law Act (Northern Ireland) 1962
(c. 14 (N.I.)) is amended as
follows.
(2)
In
section 49
(7)
(liabilities avoided where court allows excuse for
non-compliance), after “this Act” insert “or the Political Parties, Elections
and Referendums Act 2000”.
(3)
In
section 120
(Director of Public Prosecutions)—
(a)
omit
subsection (1)
(duty to inquire and prosecute);
(b)
in
subsection (3)
omit “other than his general duties under
sub-section (1)”.
RPA 1983
13
(1)
RPA 1983
is amended as follows.
(2)
In
section 86
(7)
(liabilities avoided where court allows excuse for
non-compliance), after “this Act” insert “or the Political Parties, Elections
and Referendums Act 2000”.
(3)
In
section 181
(Director of Public Prosecutions)—
(a)
omit
subsection (1)
(duty to inquire and prosecute);
(b)
in
subsection (2)
, after “Director” insert “of Public Prosecutions”;
(c)
in
subsection (5)
omit the words from “(other” to “above)”.
Elections Act 2022
14
In the
Elections Act 2022
—
(a)
omit
section 50
(enforcement by Electoral Commission of Part 6 of
that Act);
(b)
in
section 53
(supply of information) omit subsection (2).
[
]
Presented by
supported by
the Prime Minister
,
,
,
,
,
,
and
Ordered, by The
, to be Printed,
21st April 2026
.
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