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The Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) Order 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111101568

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 156(4A) of the Political Parties, Elections and Referendums Act 2000, for approval by resolution of each House of Parliament.

Representation Of The People

Made ***

Coming into force in accordance with article 1

The Lord President of the Council makes the following Order in exercise of the powers conferred by paragraphs 1, 5, 16 and 18 of Schedule 19C to the Political Parties, Elections and Referendums Act 2000f1.

The Lord President of the Council has consulted the Electoral Commission about this Order in accordance with paragraph 17(1) of Schedule 19C to that Act.

In accordance with section 156(4A) of that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2000 c.41. Schedule 19C was inserted by section 3(2) of and Schedule 2 to the Political Parties and Elections Act 2009 (c.12); section 156(4A) was inserted by section 3(4) of the 2009 Act.

Contents

  1. 1Citation and commencement
  2. 2Prescribed offences amendments
  3. 3Recovery of payments amendments
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) Order 2013 and comes into force on the day after the day on which it is made.

2Prescribed offences amendments

(1)

Article 4(1) of the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010f1 is amended as follows.

(2)

After “paragraphs 1(1)(a)” insert “, (2)(a), (3)(a) and (4)(a)”.

(3)

After “5(1)(a)” insert “, (2)(a), (3)(a) and (4)(a)”.

3Recovery of payments amendments

(1)

Article 5 of the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 is amended as follows.

(2)

In paragraph (1) after “variable monetary penalty,” insert “non-compliance penalty,”.

(3)

In paragraph (2) after “variable monetary penalty,” insert “non-compliance penalty,”.

Signature

Signed by authority of the Lord President of the Council

Minister for Political and Constitutional Reform

Cabinet Office

Date

Explanatory note

(This note is not part of the Order)

This Order amends the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (“the Order”) which makes supplementary provision in relation to civil sanctions provided for by Schedule 19C to the Political Parties, Elections and Referendums Act 2000.

Regulation 2 amends article 4(1) of the Order, so that fixed monetary penalties and discretionary requirements which may be imposed in relation to the prescribed offences listed in the Order may be imposed not only on individuals but also on registered parties, recognised third parties, and permitted participants.

Regulation 3 amends article 5 of the Order, so as to include non-compliance penalties in the list of financial penalty civil sanctions that are recoverable by the Electoral Commission as if they were payable under a court order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.