2009 CHAPTER 12
An Act to make provision in connection with the Electoral Commission; to make provision about political donations, loans and related transactions and about political expenditure; and to make provision about elections and electoral registration.
[21st July 2009]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Electoral Commission
Functions of Electoral Commission
1 Compliance with controls imposed by the 2000 Act etc
(1) In the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”) section 145 (general function of Commission with respect to monitoring compliance with controls imposed by that Act etc) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) there is substituted “ The Commission shall have the function of monitoring, and taking such steps as they consider appropriate with a view to securing, compliance with”.
(3) After subsection (6) there is inserted—
“(6A)
The Commission may prepare and publish guidance setting out, in relation to any requirement referred to in subsection (1), their opinion on any of the following matters—
(a)
what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the requirement;
(b)
what it is desirable to do (or avoid doing) in view of the purpose of the requirement.”
Prospective
2
Investigatory powers of Commission
(1) For section 146 of the 2000 Act there is substituted—
“146
Investigatory powers of Commission
Schedule 19B makes provision about the investigatory powers of the Commission.”
(2) Before Schedule 20 to the 2000 Act there is inserted, as Schedule 19B, the Schedule set out in Schedule 1 to this Act.
(3) In Schedule 20 to the 2000 Act the following entries are inserted at the appropriate place—
| “Paragraph 13(1) of Schedule 19B (failure to comply with investigation requirement) |
On summary conviction: Level 5 |
| Paragraph 13(2) of Schedule 19B (intentional obstruction of person exercising investigatory power) |
On summary conviction: Level 5 |
| Paragraph 13(3) of Schedule 19B (providing false information in purported compliance with investigation requirement) |
On summary conviction in England and Wales or Scotland: statutory maximum or 12 months On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year”. |
Prospective
3
Civil sanctions
(1) For section 147 of the 2000 Act (civil penalty for failure to deliver documents etc) there is substituted—
“147
Civil sanctions
Schedule 19C makes provision for civil sanctions in relation to—
(a)
the commission of offences under this Act;
(b)
the contravention of restrictions or requirements imposed by or by virtue of this Act.”
(2) After Schedule 19B to the 2000 Act (inserted by section 2 above) there is inserted, as Schedule 19C, the Schedule set out in Schedule 2 to this Act.
(3) In Schedule 20 to the 2000 Act the following entry is inserted at the appropriate place—
| “Paragraph 14 of Schedule 19C (failure to comply with stop notice) |
On summary conviction in England and Wales or Scotland: £20,000 or 12 months On summary conviction in Northern Ireland: £20,000 or 6 months On indictment: fine or 2 years”. |
(4) In section 156 of the 2000 Act (orders and regulations), after subsection (4) there is inserted—
“(4A)
An order under paragraph 16 of Schedule 19C that contains—
(a)
provision made by virtue of paragraph 1(1), (2), (3), (4) or (5), paragraph 5(1), (2), (3) or (4), paragraph 10(2)(b) or (3)(b) or paragraph 15(1)(a) of that Schedule, or
(b)
provision amending an Act,
shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament; and subsection (2) does not apply to such an order.”
Electoral Commissioners etc
4
Selection of prospective Electoral Commissioners and Commission chairman
(1) Section 3 of the 2000 Act (appointment of Electoral Commissioners etc) is amended as follows.
(2) For subsection (2) there is substituted—
“(2)
A motion for such an Address may be made only if—
(a)
the Speaker of the House of Commons agrees that the motion may be made;
(b)
the motion has been the subject of consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong; and
(c)
each person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee.”
(3) After subsection (5) there is inserted—
“(5A)
In the case of a re-appointment (or further re-appointment) of an Electoral Commissioner, the reference in subsection (2)(c) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment (or further re-appointment) by that Committee.”
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