Be it enacted by the Queen'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:—
The Electoral Commission
Functions of Electoral Commission
In the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”) section 145 (general function of Commission with respect to monitoring compliance with controls imposed by that Act etc) is amended as follows.
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After subsection (6) there is inserted—
For section 146 of the 2000 Act there is substituted—
Before Schedule 20 to the 2000 Act there is inserted, as Schedule 19B, the Schedule set out in Schedule 1 to this Act.
In Schedule 20 to the 2000 Act the following entries are inserted at the appropriate place—.
For section 147 of the 2000 Act (civil penalty for failure to deliver documents etc) there is substituted—
In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate place—.
In section 156 of the 2000 Act (orders and regulations), after subsection (4) there is inserted—
Electoral Commissioners etc
Section 3 of the 2000 Act (appointment of Electoral Commissioners etc) is amended as follows.
For subsection (2) there is substituted—
After subsection (5) there is inserted—
In section 3 of the 2000 Act, after subsection (4) (political restrictions on Electoral Commissioners) there is inserted—
After that section there is inserted—
In section 14 of the 2000 Act (Boundary Committees), in subsection (4), for “an Electoral Commissioner or a deputy Electoral Commissioner” there is substituted “ an Electoral Commissioner who is not a nominated Commissioner (within the meaning of section 3A), or a deputy Electoral Commissioner, ”.
In section 1 of the 2000 Act (establishment of Electoral Commission), in subsection (3) (number of Commissioners), for “not less than five, but not more than nine,” there is substituted “ nine or ten ”.
In section 3(4)(d) of the 2000 Act (persons not to be appointed as Electoral Commissioners within ten years of engaging in certain political activities), for “within the last ten years” there is substituted “ within the last five years ”.
In Schedule 1 to the 2000 Act (the Electoral Commission), after paragraph 11 there is inserted—
The amendment made by subsection (2) does not apply to the appointment of a person—
to assist the Boundary Committee for England in the performance of its functions,
to assist the Commission in carrying out functions transferred to them by an order under section 18(1) of the 2000 Act (transfer of functions of Local Government Commission for England), or
to perform duties including either or both of those.
In section 13 of the 2000 Act (education about electoral and democratic systems), paragraphs (b) and (c) of subsection (1) (Commission's duty to promote public awareness of systems of government and EU institutions) are omitted.
Political donations etc and expenditure
Donations etc
In section 54 of the 2000 Act (permissible donors), in subsection (1) (circumstances in which party may not accept donation), after paragraph (a) there is inserted—.
After that section there is inserted—
In section 56 of the 2000 Act (acceptance or return of donations: general), in subsection (2) (steps to be taken if donation to be refused)—
in paragraph (a), for “section 54(1)(b)” there is substituted “ section 54(1)(aa) or (b) ”;
after that paragraph there is inserted—;
in paragraph (b), for “that provision” there is substituted “ section 54(1)(b) ”.
Before subsection (4) of that section there is inserted—
In Schedule 6 to the 2000 Act (details to be given in donation reports), after paragraph 1 there is inserted—
In paragraph 6 of that Schedule (donations from impermissible donors)—
in the heading, at the end there is inserted “ or without required declaration ”;
for “section 54(1)(a)” there is substituted “ section 54(1)(a) or (aa) ”;
in paragraph (a), after “the donor” there is inserted “ or the person appearing to be the donor ”;
in paragraph (b), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.
In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at the appropriate place—.
Schedule 3 has effect. That Schedule makes amendments to—corresponding to those made by subsections (1) to (7).
Schedules 7, 11 and 15 to the 2000 Act (control of donations to individuals and members associations; to recognised third parties; and to permitted participants), and
Schedule 20 to the 2000 Act (penalties),
The Secretary of State, after consulting the Electoral Commission, may make an order that—
amends or modifies a provision of the 2000 Act inserted by this section or Schedule 3 so far as it applies in relation to Northern Ireland;
makes provision that is consequential on or supplemental to that made by virtue of paragraph (a) (including provision amending or modifying any provision of the 2000 Act).
The power to make an order under subsection (9) is exercisable by statutory instrument.
No order may be made under subsection (9) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
In section 54 of the 2000 Act (permissible donors), in subsection (1) (circumstances in which party may not accept donation), for paragraph (aa) (inserted by section 9 above) there is substituted—.
In subsection (2)(a) of that section (individuals who are permissible donors), for “registered in an electoral register” there is substituted “ who is registered in an electoral register and (subject to subsection (2ZB)) satisfies the condition set out in subsection (2ZA) ”.
After subsection (2) of that section there is inserted—
After section 54A (inserted by section 9 above) there is inserted—
In section 56 of the 2000 Act (acceptance or return of donations: general), after subsection (1) there is inserted—
in the heading, at the end there is inserted “ or as to whether residence etc condition satisfied ”;
at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—
In Schedule 20 to the 2000 Act (penalties) the following entry is inserted at the appropriate place—.
Schedule 4 has effect. That Schedule makes amendments to—corresponding to those made by subsections (1) to (7).
Schedules 7, 11 and 15 to the 2000 Act (control of donations to individuals and members associations; to recognised third parties; and to permitted participants), and
Schedule 20 to the 2000 Act (penalties),
After section 71H of the 2000 Act there is inserted—
In section 71L of the 2000 Act (offences relating to regulated transactions), after subsection (9) there is inserted—
In Schedule 6A to the 2000 Act (details to be given in transaction reports), after paragraph 1 there is inserted—
In Schedule 7A to the 2000 Act (control of loans etc to individuals and members associations), after paragraph 4 there is inserted—
In paragraph 8 of that Schedule (offences), after sub-paragraph (9) there is inserted—
In paragraph 9 of that Schedule (transaction reports: transactions with authorised participants)—
in sub-paragraph (9)(a) and (10), for “paragraphs 2” there is inserted “ paragraphs 1A, 2 ”;
in sub-paragraph (10), after paragraph (b) there is inserted—.
In Schedule 20 to the 2000 Act (penalties) the following entries are inserted at the appropriate places—.
In section 56 of the 2000 Act (acceptance or return of donations: general), after subsection (3) there is inserted—
Offences
The 2000 Act is amended as follows.
In section 47 (failure by registered party to submit proper statement of accounts to Commission)—
in paragraph (a) of subsection (1), after “are” there is inserted “ , without reasonable excuse, ”;
in paragraph (b) of that subsection, after “is” there is inserted “ , without reasonable excuse, ”;
subsections (2) and (3) are omitted.
In section 65 (submission of donation reports to Commission)—
in subsections (3) and (4), after “commits an offence if” there is inserted “ , without reasonable excuse, ”;
subsection (5) is omitted.
In section 71S (submission of transaction reports to Commission)—
in subsections (4) and (5), after “commits an offence if” there is inserted “ , without reasonable excuse, ”;
subsection (6) is omitted.
In paragraph 12 of Schedule 7 (failure to deliver donation report)—
in sub-paragraph (1), between “is” and “not delivered” there is inserted “ , without reasonable excuse ”;
in sub-paragraph (2), after “which” there is inserted “ , without reasonable excuse, ”;
sub-paragraph (3) is omitted.
In paragraph 12 of Schedule 7A (failure to deliver transaction report)—
in sub-paragraph (1), between “is” and “not delivered” there is inserted “ , without reasonable excuse, ”;
in sub-paragraph (2), after “which” there is inserted “ , without reasonable excuse, ”;
sub-paragraph (3) is omitted.
Responsible persons and compliance officers
Schedule 7 to the 2000 Act (control of donations to members associations etc) is amended as set out in subsections (2) to (4).
In paragraph 1(9) (meaning of “the responsible person”), for paragraph (b) there is substituted—
After paragraph 1 there is inserted—
In paragraph 12 (offence of failing to deliver donation report), in sub-paragraph (1) and in sub-paragraph (2), for paragraphs (a) and (b) and the words following paragraph (b) there is substituted—
In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate place—.
In Schedule 7 to the 2000 Act (control of donations to individuals etc), at the end there is inserted—
In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate place—.
Schedule 7A to the 2000 Act (control of loans etc to members associations etc) is amended as follows.
In paragraph 1 (operation and construction of Schedule)—
in sub-paragraph (7)(d), the words after “(in relation to a members association)” are omitted;
after sub-paragraph (7) there is inserted—
In paragraph 12 (offence of failing to deliver transaction report), in sub-paragraph (1) and in sub-paragraph (2), for paragraphs (a) and (b) and the words following paragraph (b) there is substituted—
In Schedule 7A to the 2000 Act (control of loans etc to individuals etc), at the end there is inserted—
Section 88 of the 2000 Act (third parties recognised for the purposes of Part 6 of that Act) is amended as follows.
In subsection (2)(a), after “(as defined by section 54(8))” there is inserted “ who is not the responsible person in relation to another third party ”.
After subsection (3) there is inserted—
Where—the renewal notification must indicate (under section 88(6)(b)) that the statement is replaced by a statement naming someone who is not the responsible person in relation to another third party.
a third party gives a notification under section 88(4)(b) of the 2000 Act (“the renewal notification”) in respect of a notification under section 88(1) (“the original notification”) that was given before the commencement of this section, and
the original notification contained a statement under section 88(3)(b)(iii) or (c)(ii) naming someone who, at the time when the renewal notification is given, is the responsible person in relation to another third party,
Unincorporated associations
After section 140 of the 2000 Act there is inserted—
In Schedule 20 to the 2000 Act the following entries are inserted at the appropriate place—.
In section 62 of the Electoral Administration Act 2006 (c. 22) (regulation of loans: power to make provision for candidates, third parties and referendums), after subsection (3) there is inserted—
The Secretary of State, after consulting the Electoral Commission, may make an order that—
amends or modifies the Schedule inserted into the 2000 Act by Schedule 5 so far as it applies in relation to Northern Ireland;
makes provision that is consequential on or supplemental to that made by virtue of paragraph (a) (including provision amending or modifying any provision of the 2000 Act).
The power to make an order under subsection (5) is exercisable by statutory instrument.
No order may be made under subsection (5) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
In the Schedule inserted into the 2000 Act by Schedule 5 to this Act—
the reference in paragraph 1(1) to a calendar year does not include any year before 2010;
a reference in paragraph 2 to a gift does not include any gift received before the day on which this Act is passed.
Thresholds
In the following provisions of the 2000 Act, for “£200” there is substituted “ £500 ”section 52(2)(b); section 54(4)(b) and (6)(b); section 71F(12)(b); in Schedule 7, paragraphs 4(3)(b) and 6(2) and (4)(b); in Schedule 7A, paragraph 2(4)(b); in Schedule 11, paragraphs 4(2) and 6(4) and (6)(b); in Schedule 15, paragraphs 4(2) and 6(5) and (7)(b).
In the following provisions of the 2000 Act, for “£1,000” there is substituted “ £1,500 ”section 62(6A)(a) and (b), (7)(b) and (11)(b); section 71M(7)(a) and (b), (8)(b) and (11)(b); in Schedule 7, paragraph 10(1A)(a) and (b) and (2)(b); in Schedule 7A, paragraph 9(2)(a) and (b) and (7)(b).
In the following provisions of the 2000 Act, for “£5,000” there is substituted “ £7,500 ”section 62(4)(a) and (b), (5)(b) and (11)(b); section 63(3); section 71M(4)(a) and (b), (5)(b) and (11)(b); section 71Q(3); in Schedule 7, paragraph 10(1A)(a) and (b) and (2)(b); in Schedule 7A, paragraph 9(2)(a) and (b) and (7)(b); in Schedule 11, paragraph 10(2)(a); in Schedule 15, paragraph 10(2)(a).
In section 155 of the 2000 Act (power to vary specified sums), after subsection (2) there is inserted—
The amendment made by subsection (4) does not apply in relation to the Parliament during which this Act is passed.
Election expenses
In the Representation of the People Act 1983 (c. 2) (“the 1983 Act”), after section 76 there is inserted—
The amendments made by this section do not apply in relation to any expenses—
incurred before the commencement of this section, or
incurred in respect of any matters used before 1 January 2010.
In Schedule 4A to the 1983 Act (election expenses), in paragraph 14 (guidance by Electoral Commission), for the words in sub-paragraph (1) from “giving guidance” to the end there is substituted
Elections
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In section 13 of that Act (publication of registers), after subsection (1) there is inserted—
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
In rule 6 (nomination of candidates)—
sub-paragraph (b) of paragraph (2) is omitted;
after paragraph (3) there is inserted—
In rule 11 (right to attend nomination)—
in paragraph (3), after “nomination paper” there is inserted “ and associated home address form ”;
after paragraph (4) there is inserted—
In rule 12 (validity of nomination papers), in paragraph (1)—
after “consent to it” there is inserted “ and the home address form ”;
after sub-paragraph (a) there is inserted—.
In rule 14 (publication of statement of persons nominated), after paragraph (3) there is inserted—
After paragraph (4) of that rule there is inserted—
Before rule 54 there is inserted—
In the 1983 Act—
in section 63 (breach of official duty), in subsection (3)(b), the words “sheriff clerk,” are omitted;
in Schedule 1 (parliamentary elections rules), for rule 58 there is substituted—
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Electoral registration
Co-ordinated on-line record of electors
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Identifying information
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Data schemes
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Interpretation
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General
In this Act—“the 1983 Act” means the Representation of the People Act 1983 (c. 2);“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41).
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Schedules 6 (minor and consequential amendments) and 7 (repeals) have effect.
In relation to England and Wales, a reference in this Act to imprisonment for a term not exceeding 12 months (including any such reference inserted in any other Act) is to be read, in the case of an offence committed before 2 May 2022, as a reference to imprisonment for a term not exceeding six months.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There shall be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.
There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
This Act extends to England and Wales, Scotland and Northern Ireland.
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This Act comes into force on whatever day or days the Secretary of State appoints by order made by statutory instrument.
An order under subsection (1)—
may make different provision for different purposes or different areas;
may make transitional or saving provision.
for the general purposes, or any particular purposes, of those sections or that Schedule, or
in consequence of, or for giving full effect to, any provision of those sections or that Schedule.
An order made by virtue of subsection (3) may make provision amending this Act or the 2000 Act. An order that makes any such provision must not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (1) does not apply to—which accordingly come into force on the day on which this Act is passed.
section 22,
section 26,
section 32(6),
section 38,
This Act may be cited as the Political Parties and Elections Act 2009.
Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
Civil sanctions: Schedule to be inserted into the 2000 Act
Declaration as to source of donation
Schedule 7 to the 2000 Act (control of donations to individuals and members associations)
In paragraph 6 of Schedule 7 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—.
After paragraph 6 of that Schedule there is inserted—
Paragraph 10 of that Schedule (donation reports: donations from permissible donors) is amended as follows.
In the heading, at the end there is inserted “ etc. ”.
In sub-paragraph (1), for the words from “each controlled donation” to the end there is substituted
In sub-paragraph (4)(a), for “by virtue of paragraphs 2, 2A and 4” there is substituted “ , by virtue of paragraphs 1A, 2, 2A and 4 ”.
In sub-paragraph (5)—
for “paragraphs 2, 2A and 4” there is substituted “ paragraphs 1A, 2, 2A and 4 ”;
after paragraph (a) there is inserted—.
Paragraph 11 of that Schedule (donation reports: donations from impermissible or unidentifiable donors) is amended as follows.
In the heading, at the end there is inserted “ or without required declaration ”.
In sub-paragraph (1)(a), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.
In sub-paragraph (1)(b), for “section 56(2)(a) or (b)” there is substituted “ section 56(2)(a), (aa) or (b) ”.
In sub-paragraph (3), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.
In sub-paragraph (3)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.
In sub-paragraph (3)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.
Schedule 11 to the 2000 Act (control of donations to recognised third parties)
In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—.
After paragraph 6 of that Schedule there is inserted—
In paragraph 9 of that Schedule (statement of relevant donations), for “paragraphs 10 and 11” there is substituted “ paragraphs 9A to 11 ”.
After that paragraph there is inserted—
Paragraph 11 of that Schedule (donations from impermissible donors) is amended as follows.
In the heading, for “impermissible donors” there is substituted “ impermissible or unidentifiable donors or without required declaration ”.
In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.
In sub-paragraph (2)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.
In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.
Schedule 15 to the 2000 Act (control of donations to permitted participants)
In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting donations from impermissible donors), after paragraph (a) of sub-paragraph (1) there is inserted—.
After paragraph 6 of that Schedule there is inserted—
In paragraph 9 of that Schedule (statement of relevant donations), for “paragraphs 10 and 11” there is substituted “ paragraphs 9A to 11 ”.
After that paragraph there is inserted—
Paragraph 11 of that Schedule (donations from impermissible or unidentified donors) is amended as follows.
In the heading, at the end there is inserted “ or without required declaration ”.
In sub-paragraph (1), for “paragraph 6(1)(a) or (b)” there is substituted “ paragraph 6(1)(a), (aa) or (b) ”.
In sub-paragraph (2), for “paragraph 6(1)(a)” there is substituted “ paragraph 6(1)(a) or (aa) ”.
In sub-paragraph (2)(a), after “the donor” there is inserted “ or the person appearing to be the donor ”.
In sub-paragraph (2)(c), for “section 56(2)(a)” there is substituted “ section 56(2)(a) or (aa) ”.
Schedule 20 to the 2000 Act (penalties)
In Schedule 20 (penalties) the following entries are inserted at the appropriate places—.
Declaration as to whether residence etc condition satisfied
Schedule 7 to the 2000 Act (control of donations to individuals and members associations)
After paragraph 6A of that Schedule (inserted by Schedule 3 above) there is inserted—
In paragraph 8 of that Schedule (acceptance or return of donations), after sub-paragraph (1) there is inserted—
Paragraph 10 of that Schedule (donation reports: donations from permissible donors) (as amended by Schedule 3 above) is amended as follows.
In sub-paragraph (1)(b), after “paragraph 6A” there is inserted “ or 6B ”.
In sub-paragraph (5), at the end of paragraph (aa) there is inserted “ , and any reference to section 54B shall be read as a reference to paragraph 6B above ”.
Schedule 11 to the 2000 Act (control of donations to recognised third parties)
In paragraph 6 of Schedule 11 to the 2000 Act (prohibition on accepting donations from impermissible donors), for paragraph (aa) of sub-paragraph (1) (inserted by Schedule 3 above) there is substituted—.
After paragraph 6A of that Schedule (inserted by Schedule 3 above) there is inserted—
In paragraph 7 of that Schedule (acceptance or return of donations), after paragraph (a) of sub-paragraph (2) there is inserted—.
In paragraph 9A of that Schedule (inserted by Schedule 3 above)—
in the heading, after “paragraph 6A” there is inserted “ or 6B ”;
at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—
Schedule 15 to the 2000 Act (control of donations to permitted participants)
In paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting donations from impermissible donors), for paragraph (aa) of sub-paragraph (1) (inserted by Schedule 3 above) there is substituted—.
After paragraph 6A of that Schedule (inserted by Schedule 3 above) there is inserted—
In paragraph 7 of that Schedule (acceptance or return of donations), after paragraph (a) of sub-paragraph (2) there is inserted—.
In paragraph 9A of that Schedule (inserted by Schedule 3 above)—
in the heading, after “paragraph 6A” there is inserted “ or 6B ”;
at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—
Schedule 20 to the 2000 Act (penalties)
In Schedule 20 (penalties) the following entries are inserted at the appropriate places—.
Reports of gifts received by unincorporated associations making political contributions: Schedule to be inserted into the 2000 Act
Minor and consequential amendments
Representation of the People Act 1983 (c. 2)
Section 10A (maintenance of registers: registration of electors) is amended as follows.
In subsection (2), the words “, on the 15th October in the year in question,” are omitted.
After that subsection there is inserted—
In section 13 (publication of registers), in subsection (5)(b), for “section 13A, 13B or 13BA” there is substituted “ any of sections 13A to 13BB ”.
In section 13A (alteration of registers), in subsection (5), for “this section and section 13B or 13BA below” there is substituted “ this section, section 13B or 13BA below or section 13BB below ”.
In section 65A (false statements in nomination papers etc), in subsection (1), after paragraph (a) there is inserted—.
Section 70 (effect of default in election agent's appointment) is amended as follows.
In subsection (4)(a), after “the statement as to persons nominated” there is inserted “ (or where, in the case of a parliamentary election, the address is not given on that statement, the address as given under rule 6(4) of Schedule 1 to this Act) ”.
After subsection (6) there is inserted—
In section 76A (power to vary provisions about election expenses), after paragraph (d) of subsection (2) there is inserted—
In section 90ZA (meaning of “election expenses”), for subsection (5) there is substituted—
Schedule 1 (parliamentary elections rules) is amended as follows.
In rule 6 (nomination of candidates), in paragraph (2)(a), after “names,” there is inserted “ and ”.
In rule 9 (deposit), in paragraph (3), for “rule 6(1)” there is substituted “ rule 6(4) ”.
In rule 14 (publication of statement of persons nominated), in paragraph (2), after “nomination papers” there is inserted “ and home address forms ”.
In rule 14A (correction of minor errors)—
in paragraph (1), after “nomination paper” there is inserted “ or home address form ”;
in paragraph (2), after sub-paragraph (b) there is inserted —
In the Appendix of forms—
in the Form of nomination paper, in the first table following the words “candidate at the said election”, the final column (home address) is omitted;
in the Form of Front of Ballot Paper, for the address after “Richard Edgbaston” there is substituted— “ (address in the Birmingham Northfield Constituency) ”;
in the directions as to printing the ballot paper, in paragraph 3(b), after “address” there is inserted “ (or the constituency in which that address is situated) ”.
Political Parties, Elections and Referendums Act 2000 (c. 41)
In section 3 (appointment of Electoral Commissioners and Commission chairman), in subsection (4) (political restrictions), for “A person may not be appointed” there is substituted “ Subject to subsection (4A), a person may not be appointed ”.
In section 15 (Deputy Electoral Commissioners), in subsection (3) (Deputy Electoral Commissioner must be eligible for appointment as Electoral Commissioner), for the words after “he is” there is substituted “ prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner ”.
In section 54 (permissible donors), in subsection (1)(b), for “that person” there is substituted “ the person offering the donation ”.
In section 55 (payments etc which are (or are not) to be treated as donations by permissible donors), at the end of subsection (2) there is inserted— “ But such a payment shall not be regarded as a donation for the purposes of section 54A or paragraph 6A of Schedule 7. ”
In that section as amended by sub-paragraph (1) above—
after “section 54A” there is inserted “ or 54B ”;
after “paragraph 6A” there is inserted “ or 6B ”.
In section 56 (acceptance or return of donations: general), in subsection (5)—
in paragraph (a), for “paragraph (a) or (b)” there is substituted “ paragraph (a), (aa) or (b) ”;
in paragraph (b)(i), for “subsection (2)(a)” there is substituted “ subsection (2)(a) or (aa) ”.
In section 58 (forfeiture of donations made by impermissible or unidentifiable donors), in subsection (1)(a) (donations that may not be accepted), for “section 54(1)(a) or (b)” there is substituted “ section 54(1)(a), (aa) or (b) ”.
In section 62 (quarterly donation reports), in subsection (9) (donation report to record donations that may not be accepted), for “section 54(1)(a) or (b)” there is substituted “ section 54(1)(a), (aa) or (b) ”.
In section 65 (submission of donation reports to Commission), in subsection (4) (offence of failing to comply with reporting requirements), for “the recording of donations in such a report” there is substituted “ the information to be given in such a report ”.
In section 67 (weekly donation reports in connection with elections other than general elections), in subsection (1)(c) (application of section 147 with modifications), for “section 147” there is substituted “ an order under paragraph 16 of Schedule 19C ”.
In section 71H (authorised participants), after subsection (3) there is inserted—
In section 71U (weekly donation reports in connection with elections other than general elections), in subsection (1)(c) (application of section 147 with modifications), for “section 147” there is substituted “ an order under paragraph 16 of Schedule 19C ”.
In the heading to Part 9, after “companies” there is inserted “ and unincorporated associations ”.
In section 145 (function of Commission with respect to compliance with controls imposed by 2000 Act etc), in subsection (7) (definitions), for “and sections 146 and 148” there is substituted “ , section 148 and Schedule 19B ”.
In section 148 (general offences), in subsection (1) (offence of tampering with or hiding documents etc), for the words after paragraph (b) there is substituted “ any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of Schedule 19B, and does so with the intention of falsifying the document or enabling any person to evade any of the provisions of this Act. ”
In section 149 (inspection of Commission's registers etc), in subsection (1), after paragraph (d) there is inserted—
In section 156 (orders and regulations), in subsection (2), for “subsections (3) and (4)” there is substituted “ subsections (3) to (4A) ”.
In section 160 (general interpretation), in subsection (1) (definitions), at the appropriate places there are inserted—;.
Schedule 1 (the Electoral Commission) is amended as follows.
In paragraph 3 (term of office etc of Electoral Commissioners)—
in sub-paragraph (3) (circumstances in which Electoral Commissioner ceases to hold office), for “An Electoral Commissioner” there is substituted “ Subject to sub-paragraph (3A), an Electoral Commissioner ”;
after that sub-paragraph there is inserted—
In paragraph 7 (Assistant Electoral Commissioners), in sub-paragraph (2) (Assistant Electoral Commissioner must be eligible for appointment as Electoral Commissioner), for the words after “he is” there is substituted “ prevented by section 3(4) (read without regard to section 3(4A)) from being appointed as an Electoral Commissioner ”.
In paragraph 11 (staff)—
sub-paragraphs (2) and (4) (which are superseded by the provision made by section 7(2) above) are omitted;
in sub-paragraph (3), for “sub-paragraph (4)” there is substituted “ paragraph 11A(4) ”.
Schedule 7 (control of donations to individuals and members associations) is amended as follows.
In sub-paragraph (1)(b) of paragraph 6 (prohibition on accepting donations from impermissible donors), for “that person” there is substituted “ the person offering the donation ”.
In sub-paragraph (2) of paragraph 8 (acceptance or return of donations), for “section 56(3) and (4)” there is substituted “ section 56(3), (3B) and (4) ”.
Schedule 11 (control of donations to recognised third parties) is amended as follows.
In paragraph 4 (payments etc not to be regarded as donations), at the end there is inserted—
In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2) above), after “paragraph 6A” there is inserted “ or 6B ”.
In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations), for “section 56(3) and (4)” there is substituted “ section 56(3), (3B) and (4) ”.
Schedule 15 (control of donations to permitted participants) is amended as follows.
In paragraph 4 (payments etc not to be regarded as donations)—
sub-paragraph (1)(a) is omitted;
at the end there is inserted—
In sub-paragraph (3) of that paragraph (inserted by sub-paragraph (2)(b) above), after “paragraph 6A” there is inserted “ or 6B ”.
In sub-paragraph (2)(b) of paragraph 7 (acceptance or return of donations), for “section 56(3) and (4)” there is substituted “ section 56(3), (3B) and (4) ”.
In Schedule 20 (penalties), in the entry for section 56(3) or (4), for “(3) or (4)” there is substituted “ (3), (3B) or (4) ”.
Repeals
In section 10ZB, in the heading, the words “(Northern Ireland)”.
In section 10A—in subsection (1A), the words “in respect of an address in Northern Ireland”; in subsection (2), the words “, on the 15th October of the year in question,”.
In section 13A(2A), the words “in respect of an address in Northern Ireland”.
In section 63(3)(b), the words “sheriff clerk,”.
In section 76A(2), the word “or” at the end of paragraph (c).
In Schedule 1—in rule 6, sub-paragraph (b) of paragraph (2); in the Appendix of forms, in the Form of nomination paper, in the first table following the words “candidate at the said election”, the final column.
In Schedule 2, paragraph 1(8).
In section 13—in subsection (1), paragraphs (b) and (c); in subsection (1A), paragraph (b) and the preceding “and”; in subsection (2), the words “or (b)”; in subsection (3), the words “, or to local government,” and the words after “in Scotland”; in subsection (7), the words “, or to local government,”.
In section 47, subsections (2) and (3).
In section 54(1), the word “or” at the end of paragraph (a).
Section 65(5).
Section 71S(6).
In section 145, in the heading, the word “monitoring”.
In section 149(1), the word “or” at the end of paragraph (c).
In Schedule 1, paragraph 11(2) and (4).
In Schedule 7—in paragraph 6(1), the word “or” at the end of paragraph (a); paragraph 12(3).
In Schedule 7A—in paragraph 1(7)(d), the words after “(in relation to a members association)”; paragraph 12(3).
In paragraph 6(1) of Schedule 11, the word “or” at the end of paragraph (a).
In Schedule 15—paragraph 4(1)(a); in paragraph 6(1), the word “or” at the end of paragraph (a).
In Schedule 20, the entries relating to sections 146(5) and 146(6).