Explanatory note

This Order brings into force several provisions in the Political Parties and Elections Act 2009 (c. 12), and makes saving provisions in relation to some of those provisions.

Article 3 of the Order commences sections 1(2), 2 and 3 of, and Schedules 1 and 2 to, the 2009 Act, along with related consequential provisions, on 1st December 2010. Section 1(2) of the 2009 Act amends the function of the Electoral Commission set out in section 145(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Section 2 of the 2009 Act substitutes a new section 146 of the 2000 Act, inserts a new Schedule 19B (set out at Schedule 1 to the 2009 Act) into the 2000 Act, and inserts additional provisions into Schedule 20 to the 2000 Act. These amendments replace the current supervisory powers of the Electoral Commission with new investigatory powers.

Section 3 of the 2009 Act substitutes a new section 147 of the 2000 Act, inserts a new Schedule 19C (set out at Schedule 2 to the 2009 Act) into the 2000 Act, and inserts additional provisions into section 156 of and Schedule 20 to the 2000 Act. These amendments replace the current limited range of civil penalties for failures to comply with the requirements of the 2000 Act with wider powers for the Electoral Commission to impose civil sanctions. They also enable Ministers to make supplementary provisions by order, including prescription of the offences, restrictions or requirements under the 2000 Act to which the Commission’s powers will apply.

Article 4 of the Order commences sections 8, 31(8) and 35 to 37 of the 2009 Act on 1st January 2011. Section 8 of the 2009 Act repeals section 13(1)(b) and (c) of the 2000 Act, ending the duty of the Electoral Commission to promote public awareness of current systems of local government and national government in the United Kingdom and any pending such systems, and of the institutions of the European Union.

Sections 35 to 37 of the 2009 Act enable Ministers to make schemes for authorities to provide information to electoral registration officers in order to assist registration officers to meet registration objectives. Section 31(8) sets out what those objectives are.

Article 5 of the Order provides that certain existing supervisory powers of the Electoral Commission which are repealed by section 2 of the 2009 Act are saved for a period of 6 months.

Article 6 of the Order provides that the existing provisions relating to civil penalties which are repealed by section 3 of the 2009 Act are saved in respect of certain failures to comply with requirements in the 2000 Act.