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 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.
Be 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¶
2 Disenfranchisement of detained 16 and 17 year olds¶
(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.
.(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
6A In section 3(1ZA) omit “in England”.
Registration and participation in elections¶
3 Entitlement to be registered before reaching voting age¶
(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 section 4(4A) omit “in England or Scotland”.
4 Declarations of local connection: looked after children and detained persons¶
, 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).
, 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;
;(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;
(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.
7BA Declarations of local connection: looked 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).
;(ba) in subsection (6A), in paragraph (c), omit “in England”;
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¶
;(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.
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)),
;(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)).
;(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).
;(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).
;(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.
;11ZA In section 14(1ZB)(a) omit “in England”.
11A In section 15, in subsection (9A), omit “in England”.
6 Further provision about registration and participation in elections¶
Schedule 1 makes further provision in connection with the registration of young people and their participation in elections.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¶
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.
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.
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.
11 Meaning of “relevant supply enactment”¶
For the purposes of section 8(2), “relevant supply enactment” means—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¶
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.
18 Alteration of registers without an application¶
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.
19 Registration etc without an application: further 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¶
21 Voter registration provision¶
22 Further powers and restrictions¶
23 Parliamentary procedure¶
24 Electoral Commission report¶
25 Interpretation of sections 20 to 24¶
In 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¶
;(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.
;(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.
(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)).
(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.
;(a)
;(b)
;(1A) For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
31 Seniority of electoral registration officers¶
(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).
(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).
32 Anonymous registration¶
(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.
(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¶
;(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.
; and
(c) in subsection (1)(b), the words “of not more than 7 days” were omitted.
(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.
13BAA Power to change applications deadline: pending 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)).
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 registers: supporting evidence¶
35 Electoral identity card issued in Northern Ireland: month 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 etc: information to assist registration officers¶
;(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.
37 Edited register: electors to opt in¶
(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.
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¶
(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).
;(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).
;(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.
;(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.
(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).
Rules¶
40 Timing of proceedings for nominations¶
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.
.(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;
;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.
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.
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¶
(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.
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) The returning officer may not permit a candidate’s identity evidence to be inspected otherwise than for a purpose authorised by law.
;(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.
.(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
(2) The documents are— (a) each candidate’s home address form, and (b) each candidate’s identity evidence (except for any original documents).
42 Identification of candidates at local elections in Northern Ireland¶
(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.
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.
(7) The returning officer may not permit a candidate’s identity evidence to be inspected otherwise than for a purpose authorised by law.
;(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.
.(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
.(aa) each candidate’s identity evidence (except for any original documents);
43 Withdrawal of certificates authorising candidate descriptions¶
;(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.
(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.
;(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.
(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.
;(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.
44 Subscription of nomination paper¶
(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).
(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¶
Police contact form: Great 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.
46 Calling out and completed corresponding number lists etc¶
.(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
(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).
47 Voter identification requirements¶
(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)), and (ii) shows the holder’s first name or first initial and the holder’s surname.
(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.
(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).
including by varying or repealing paragraph (1I), (1J) or (1JA) or adding, varying or repealing other paragraphs containing definitions.
(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 must be issued to the holder, or produced, in a particular form in order to be a specified document, and (c) 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) or adding, varying or repealing other paragraphs.
—
(a) provision described in paragraph (1Q)(b); (b) provision described in paragraph (1QA)(a) or (b) 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—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¶
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¶
Part 4 — Campaigns and political expenditure¶
The election agent¶
54 Removal of requirement to publish election agents’ addresses¶
(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.
(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.
(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¶
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¶
(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, when it 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) In subsection (1B), “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).
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 may approve the draft guidance either without modifications or with such modifications as the Secretary of State may determine. (7) 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. (8) 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. (9) Subsection (8) does not prevent new draft guidance from being laid before Parliament. (10) If no resolution of the kind mentioned in subsection (8) 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. (11) 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.(12) In subsections (4) to (11), references to guidance or to draft guidance include revised guidance or draft revised guidance. (13) Where the Commission revise guidance under this section without changing the substance of the guidance— (a) subsections (4) to (11) 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.
;(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),
(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.
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).
;(zza) regulations under section 54D(10)(c);
.(za) section 54C(3);
59 Permissible donors not to include individuals under 16¶
60 Donations by companies and LLPs etc¶
;(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;
;(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;
;(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.
(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.
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.
54H Donations by companies and LLPs: remaining 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— Add together the person’s revenue for each financial year that falls wholly within the relevant period to give “the step 1 total”. 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— Add together the person’s revenue for each financial year that falls wholly within the relevant period to give “the step 1 total”. 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”. 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 LLPs: accounts 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)).
;(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.
(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.
.Further information relating to donors that are companies or LLPs: quarterly 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 donations: quarterly reports
(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¶
;(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.
(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.
;(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.
(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.
(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¶
Information to be included with electronic material¶
63 Electronic material promoted by third parties¶
, or
(g) any person not within paragraphs (a) to (f) other than an individual.
64 Electoral Commission guidance relating to electronic material: minor 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¶
65 Decriminalisation of certain requirements¶
66 Extension of Electoral Commission’s enforcement functions¶
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.
67 Abolition of maximum penalties in respect of offences triable summarily¶
68 Civil sanctions orders: combining reserved and devolved provision¶
In Schedule 19C to PPERA 2000 (imposition of civil sanctions by Electoral Commission), after paragraph 16 insert—Supplementary orders: power 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.
69 Disclosure of information by Electoral Commission¶
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.
.(d) section 148B(4);
Schedule 19D1 — 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.
Part 6 — Hostility towards candidates etc: disqualification orders and sentencing¶
70 Hostility towards officers and their staff¶
(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).
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).
71 Hostility as aggravating factor: England and Wales and armed forces¶
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.
(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.
72 Hostility as aggravating factor: Scotland and Northern Ireland¶
.Disqualification of offenders for holding elective office etc
.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 factor: Scotland
(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 72 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 factor: Northern 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 72 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
73 Effect of Scottish disqualification orders¶
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.
Scottish disqualification order has the meaning given in section 30A.
74 Effect of disqualification orders: minor and consequential provision¶
;(i)
;(ii)
Part 7 — General¶
75 Power to make consequential provision¶
76 Power to amend references to subordinate legislation etc¶
77 Interpretation of references to other Acts¶
In this Act—78 Financial provision¶
79 Extent¶
80 Commencement¶
81 Short title¶
This Act may be cited as the Representation of the People Act 2026.Schedules¶
Schedule 12 — Further provision about registration of young voters etc¶
Part 1 — Amendments of enactments¶
Electoral Law Act (Northern Ireland) 1962¶
RPA 1983¶
;(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.
(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.
(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¶
Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454)¶
RPA 2000¶
Part 2 — Alignment of registers¶
Aligning parliamentary and local government registers: Wales and Scotland¶
Registration under paragraph 15: local connection and service declarations¶
Registration under paragraph 15: absent voters¶
Schedule 23 — Registration etc without an application: further provision¶
RPA 1983¶
(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.
.(i) a duty to register arises under section 12A, or (ii)
(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.
.(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;
.(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);
.(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);
;(aa) section 12B(5), 12C(4), 12F(5) or 12G(4),
.(aa) section 12B(5), 12C(4), 12F(5) or 12G(4),
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¶
(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).
(2A) Section 1A(4A) applies for the purposes of subsection (2)(b) as it applies for the purposes of section 1A(2)(b).
(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).
(2A) Section 1D(4A) applies for the purposes of subsection (2)(b) as it applies for the purposes of section 1D(4)(d).
Schedule 34 — Absent voting¶
Part 1 — Absent voting in Great Britain¶
Introduction¶
Interpretation¶
(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¶
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¶
.(a) the maximum permitted period (see sub-paragraph (1AA)),
(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.
(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.
.(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,
(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.
Postal vote at elections for a period: alternative arrangements¶
Postal vote at elections for a period: alternative 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¶
Absent voters list¶
(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.
(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¶
, or
(b) ignoring paragraph 1(1A), the person will be registered in such a register.
, or
(b) ignoring paragraph 1(1A), the person will be registered in such a register.
;(za) if the registration officer grants an application by the elector to cancel the appointment (and see sub-paragraph (10A)),
;(i) on the proxy ceasing to be registered in a register of parliamentary electors in Great Britain or Northern Ireland, or (ii)
;(i) on the proxy ceasing to be registered in a register of local government electors in Great Britain or Northern Ireland, or (ii)
(10A) The registration officer must grant an application under sub-paragraph (10)(za) that meets the prescribed requirements.
Voting as proxy¶
.(a) the maximum permitted period (see sub-paragraph (5B)),
(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.
(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.
(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 (see paragraph 7ZA(1)(b)), (b) in respect of elections of the kind in question, the person is included in the record kept under sub-paragraph (6) only by virtue of regulations under sub-paragraph (9)(aa) (exceptions from duty to remove person from record where application under sub-paragraph (4)(b) 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 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)).
;(a) if the officer grants an application by the person to be removed (and see sub-paragraph (9C)), (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, unless regulations require the person not to be removed,
(9A) Regulations under sub-paragraph (9)(aa) may, among other things, make provision by reference to circumstances relating to the registration officer’s satisfaction as to any matter. (9B) 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 (9C)), 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). (9C) The registration officer must grant an application under sub-paragraph (9)(a) or (9B)(a) that meets the prescribed requirements.
Voting by post as proxy at elections for a period: alternative arrangements¶
Voting by post as proxy for elections for a period: alternative 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 regulations: consequential repeal¶
Refusing or disregarding applications¶
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¶
Absent vote at elections for an indefinite period¶
(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.
.(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,
(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¶
(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.
(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.
(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¶
(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.
.(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¶
(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.
(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,
(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¶
(b) made under Schedule 4 to the Representation of the People Act 2000 (absent voting).
(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).
Regulations as to registration etc¶
Schedule 45 — Effect of the death of the Sovereign on certain elections and referendums¶
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.
Schedule 2A6 — 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 fixed: when 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 known: postponement 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 - Dwhere 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 + Dwhere 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— 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;(i) the poll at the election of a Member of Parliament, or (ii) the poll at the election of a police and crime commissioner; 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 57 — Form of documents for elections and referendums¶
Electoral Law Act (Northern Ireland) 1962¶
(7) In subsection (6), “prescribed” means prescribed by regulations under section 84A of the Northern Ireland Act 1998.
(5) In this section, “prescribed” means prescribed by regulations under section 84A of the Northern Ireland Act 1998.
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.
RPA 1983¶
(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.
; and
(d) in any other case, is the prescribed form.
;(a)
(b) in the case of a candidate at a local government election in Wales or Scotland,
(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) and (2), 19A(2), 24(1)(b) and (c), 28(3), 29(3ZA) and (4), 32(3) and 39(5)(a).
(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.
(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.
RPA 1985¶
(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¶
(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.
(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¶
(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.
(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¶
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.
(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¶
(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.
(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¶
;(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);
.(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¶
(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¶
, 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.
(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¶
(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.
(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¶
(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 68 — Leave to pay late and disputed expenses claims¶
Election expenses claims¶
Campaign expenditure claims¶
Controlled expenditure claims¶
(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¶
Recall petition expenses claims¶
Schedule 79 — Delivery of returns and declarations directly to the Electoral Commission¶
Electoral Law Act (Northern Ireland) 1962¶
(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.
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.
(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).
(3) This section does not apply in relation to the prescription of forms under section 46(3A).
RPA 1983¶
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) 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¶
(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.
, or
(f) fails to deliver a copy of a return or document to the Electoral Commission as required by paragraph 6(4) and (5).
Inspection of returns and accompanying documents: Electoral 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 810 — Risk assessments for donations to registered parties etc¶
Risk assessments in relation to donations to individuals and members associations¶
(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 (1D)). (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, when it is added to any other 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) In sub-paragraph (1B), “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 controlled benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction).(1D) 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).
(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).
;(i)
;(ii) each controlled donation received by the donee which the donee is prohibited from accepting by virtue of paragraph 6(1A) (risk assessment); and
(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.
.(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)
Risk assessments in relation to loans etc: registered parties¶
(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.
(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 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) In subsection (1B), “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).
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.
;(a)
, or
(b) a registered party enters into a regulated transaction without undertaking a risk assessment where required by section 71H(1A).
;(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).
;(a)
, 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.
;(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),
.(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),
.(c) section 71HZB(3);
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.
.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 elsewhere: Level 5
On indictment: fine
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 Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine or 1 year
Risk assessments in relation to loans etc: individuals and members associations¶
(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.
(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 (1D)). (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 the aggregate amount of the transaction and any other controlled benefit or benefits accruing to the regulated participant in the same calendar year is more than £11,180. (1C) In sub-paragraph (1B), “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 controlled benefit accrues when it is accepted (if it is a donation) or entered into (if it is a transaction).(1D) 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).
;(a)
, or
(b) a regulated participant enters into a controlled transaction without undertaking a risk assessment where required by paragraph 4(1A).
;(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).
.(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)
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 Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine 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 Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine or 1 year
Risk assessments in relation to donations to recognised third parties¶
.(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,
.(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,
(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 (1D)). (1C) For the purposes of sub-paragraph (1B), a donation to a recognised third party from a person in respect of an election is to be treated as a donation of an amount exceeding £11,180 if, when it is added to any other relevant donation or donations from the person accepted by the recognised third party in respect of the same election, 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 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).
.(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
;(a)
; and
;(b) relevant donations which a recognised third party is prohibited from accepting by virtue of paragraph 6(1B).
(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.
or
;(iii) paragraph 6(1B) of that Schedule, and
(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¶
.(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,
(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 (1C)). (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, when it 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) 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).
.(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
;(a)
; and
;(b) relevant donations which a permitted participant is prohibited from accepting by virtue of paragraph 6(1A) (risk assessment).
(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¶
(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 (1C)). (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, when it 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) 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. (1D) Regulations may vary the sum mentioned in sub-paragraphs (1A) and (1B)— (a) where the Secretary of State considers that the variation is expedient in consequence of changes in the value of money, or (b) in order to give effect to a recommendation of the Commission.
.(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);
;(a)
; and
;(b) relevant donations which a candidate or election agent is prohibited from accepting by virtue of paragraph 6(1A) (risk assessment).
(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.
;(a) section 10(4), (b) section 110(7), (c) section 203(4), (d) section 203A(2), or (e) paragraph 6(1D) of Schedule 2A, unless
.(a) section 10(4), (b) section 110(7), (c) section 203A(2), or (d) paragraph 6(1D)(b) of Schedule 2A, shall
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¶
.(aa) paragraph 9A(1) or (2) (amount above which donation requires a risk assessment);
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 (3)). (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, when it 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) 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.
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.
, 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.
(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.
.(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 elections: Northern Ireland¶
(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 (1C)). (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, when it 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) 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.
.(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);
;(a)
; and
;(b) relevant donations which a candidate or election agent is prohibited from accepting by virtue of paragraph 6(1A) (risk assessment).
(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 911 — Unincorporated associations making political contributions¶
(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.
(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).
.permitted participant in a Scottish referendum has the meaning given in paragraph 2 of Schedule 3 to the Referendums (Scotland) Act 2020;
(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) 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.
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. (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) 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. (8) 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. (9) Sub-paragraphs (4) to (6) apply to a notice under sub-paragraph (8) as they apply to a notice under sub-paragraph (3). (10) An appointment under sub-paragraph (2) or (7)— (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. (11) 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). (12) 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. (13) 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 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— is to be regarded as a gift received by the unincorporated association from a person who is not a permissible donor.(i) persons who, at the time of its receipt by the unincorporated association, are permissible donors falling within section 54(2), or (ii) the members of another unincorporated association which, at that time, is such a permissible donor,
(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.
;(ba) the fact that it was not a political gift;
(1A) A gift is a “political gift” if it is retained by the unincorporated association for the purposes of making a political contribution.
Information to be included in reports under paragraph 2: political 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.
(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.
;(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.
.(iv) the name of the responsible person appointed by the unincorporated association under paragraph 1A;
(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.
Unincorporated associations making political contributions
140A Unincorporated associations making political contributions
(1) Schedule 19A, which makes provision about unincorporated associations making political contributions, has effect.
(iv) Schedule 19A;
;(ea) an unincorporated association;
(e) an unincorporated association.
.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 Scotland: statutory maximum or 12 months
On summary conviction in Northern Ireland: statutory maximum or 6 months
On indictment: fine or 1 year
;(e) an unincorporated association that is subject to the notification requirement in paragraph 1 of Schedule 19A to the 2000 Act.
Schedule 1012 — Decriminalisation of certain administrative requirements¶
Part 1 — Abolition of offences¶
Introduction¶
Registered parties¶
Recognised third parties¶
Referendum participants¶
Unincorporated associations making political contributions¶
Part 2 — Consequential amendments¶
PPERA 2000¶
“Relevant requirement” means a requirement of this Part as regards the recording of donations in a donation report.
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¶
Schedule 1113 — Extension of Electoral Commission’s enforcement functions¶
Part 1 — Amendments of PPERA 2000¶
Introduction¶
General provisions¶
, 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).
Offences relating to the supply of information¶
(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.
;(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;
;(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;
;(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;
.(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);
(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¶
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¶
Investigatory powers¶
(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.
.(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),
Civil sanctions¶
;(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.
;(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.
(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 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.
;(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.
;(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.
(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.
(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.
(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.
(3) In this paragraph, “the applicable Act” means the Act that contains the offence, restriction or requirement that engaged sub-paragraph (1)(a).
(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).
(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.
;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;
.(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);
(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.
(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¶
RPA 1983¶
Elections Act 2022¶
Footnotes
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- 12
- 13