OpenLegislation

Recall of MPs Act 2015

2015 c. 25 · Enacted 26 March 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 February 2023.

An Act to make provision about the recall of members of the House of Commons; and for connected purposes.

[26th March 2015]C1

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:—C2

Annotations to the whole text

Modifications

C1

Act: transfer of functions (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

C2

Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(v) (with arts. 3(2), 6, 12)

Contents

  1. How an MP becomes subject to a recall petition process
  2. 1How an MP becomes subject to a recall petition process
  3. 2The first and third recall conditions: further provision
  4. 3The first and third recall conditions: expiry of appeal period
  5. 4The first and third recall conditions: courts to notify the Speaker
  6. 5Speaker's notice that first, second or third recall condition has been met
  7. Conduct of the recall petition process
  8. 6Petition officers
  9. 7Where and from when the recall petition may be signed
  10. 8Notice of petition to be sent to registered electors
  11. 9Recall petition to be made available for signing
  12. 10Persons entitled to sign a recall petition
  13. 11How entitlement to sign a recall petition is to be exercised
  14. 12Double signing
  15. Early termination of recall petition process
  16. 13Early termination of recall petition process
  17. Outcome of recall petition
  18. 14Determination of whether recall petition successful
  19. 15Effect of successful petition
  20. Financial controls
  21. 16Expenses, donations and reporting
  22. 17Loans
  23. Final provisions
  24. 18Power to make further provision about conduct of a recall petition etc
  25. 19Performance of the Speaker's functions by others
  26. 20Minor and consequential amendments
  27. 21Regulations
  28. 22Interpretation
  29. 23Extent
  30. 24Commencement
  31. 25Short title
  32. Schedule 1: Petition officers
  33. Petition officer's general duty
  34. 1Paragraph 1
  35. Performance of petition officer's functions: delegation, assistance etc
  36. 2Paragraph 2
  37. Expenditure
  38. 3Paragraph 3
  39. Taxation of petition officer's account
  40. 4Paragraph 4
  41. Schedule 2: Alteration of registers of parliamentary electors
  42. 1Paragraph 1
  43. 2Paragraph 2
  44. 3Paragraph 3
  45. 4Paragraph 4
  46. 5Paragraph 5
  47. 6Paragraph 6
  48. 7Paragraph 7
  49. 8Paragraph 8
  50. 9Paragraph 9
  51. Schedule 3: Regulation of expenditure
  52. Part 1: Introduction
  53. Overview
  54. 1Paragraph 1
  55. Part 2: Limits on expenditure
  56. Limit on petition expenditure: persons other than accredited campaigners
  57. 2Paragraph 2
  58. Limit on petition expenditure: accredited campaigners
  59. 3Paragraph 3
  60. Expenses incurred by persons acting in concert
  61. 4Paragraph 4
  62. Expenses incurred before the recall petition period
  63. 5Paragraph 5
  64. Notional petition expenses
  65. 6Paragraph 6
  66. Petition expenses incurred before becoming an accredited campaigner
  67. 7Paragraph 7
  68. Part 3: Petition expenses of accredited campaigners: general controls
  69. Restriction on incurring petition expenses
  70. 8Paragraph 8
  71. Restriction on payments in respect of petition expenses
  72. 9Paragraph 9
  73. Restrictions on payment of claims in respect of petition expenses
  74. 10Paragraph 10
  75. Payment of claims in respect of petition expenses: application for leave to pay late claims
  76. 11Paragraph 11
  77. Disputed claims
  78. 12Paragraph 12
  79. Part 4: Meaning of “petition expense”
  80. Meaning of “petition expense”
  81. 13Paragraph 13
  82. List of matters
  83. 14Paragraph 14
  84. General exclusions
  85. 15Paragraph 15
  86. Guidance
  87. 16Paragraph 16
  88. Part 5: Accredited campaigners and responsible persons
  89. Meaning of “accredited campaigner”
  90. 17Paragraph 17
  91. Eligibility to be an accredited campaigner
  92. 18Paragraph 18
  93. Accreditation notice
  94. 19Paragraph 19
  95. Notice of alteration
  96. 20Paragraph 20
  97. The responsible person
  98. 21Paragraph 21
  99. Duty of petition officer to publish information about accredited campaigners
  100. 22Paragraph 22
  101. Part 6: Final provisions
  102. Power to alter meaning of “petition expense”
  103. 23Paragraph 23
  104. Power to alter certain financial limits
  105. 24Paragraph 24
  106. Corrupt and illegal practices
  107. 25Paragraph 25
  108. Application of defined terms in PPERA 2000
  109. 26Paragraph 26
  110. Schedule 4: Control of donations to accredited campaigners
  111. Part 1: Introduction and interpretation
  112. Operation of Schedule and meaning of “accredited campaigner” and “relevant donation” etc
  113. 1Paragraph 1
  114. Donations: general rules
  115. 2Paragraph 2
  116. Sponsorship
  117. 3Paragraph 3
  118. Payments etc not to be regarded as donations
  119. 4Paragraph 4
  120. Value of donations
  121. 5Paragraph 5
  122. Meaning of “permissible donor”
  123. 6Paragraph 6
  124. Return of donations
  125. 7Paragraph 7
  126. Power to alter certain financial limits
  127. 8Paragraph 8
  128. Part 2: Control of donations
  129. Prohibition on accepting donations from impermissible or unidentifiable donors
  130. 9Paragraph 9
  131. Donations treated as received or not received from permissible donors
  132. 10Paragraph 10
  133. Meaning of “exempt trust donation” in paragraph 10
  134. 11Paragraph 11
  135. Donations made on behalf of other persons
  136. 12Paragraph 12
  137. Duty to verify identity of donor
  138. 13Paragraph 13
  139. Duty to return donations from impermissible donors
  140. 14Paragraph 14
  141. Duty to return donations from unidentifiable donors
  142. 15Paragraph 15
  143. Circumstances in which donations treated as accepted or received
  144. 16Paragraph 16
  145. Forfeiture of donations made by impermissible or unidentifiable donors
  146. 17Paragraph 17
  147. Appeal against order under paragraph 17
  148. 18Paragraph 18
  149. Supplementary provision about orders under paragraph 17 or 18
  150. 19Paragraph 19
  151. Evasion of restrictions on donations
  152. 20Paragraph 20
  153. Further provision about offences under this Schedule
  154. 21Paragraph 21
  155. Application of defined terms in PPERA 2000
  156. 22Paragraph 22
  157. Schedule 5: Recall petition returns
  158. Recall petition returns
  159. 1Paragraph 1
  160. Statements and accompanying documents relating to petition expenses
  161. 2Paragraph 2
  162. Statement and accompanying documents relating to relevant donations accepted
  163. 3Paragraph 3
  164. Statement relating to relevant donations received from impermissible or unidentifiable donors
  165. 4Paragraph 4
  166. Declaration of responsible person as to return
  167. 5Paragraph 5
  168. Delivery of return etc to petition officer and supplementary returns
  169. 6Paragraph 6
  170. Offences relating to return
  171. 7Paragraph 7
  172. Onward delivery of returns to Electoral Commission
  173. 8Paragraph 8
  174. Inspection of returns and accompanying documents
  175. 9Paragraph 9
  176. Application of certain provisions of Schedule 3
  177. 10Paragraph 10
  178. Schedule 6: Minor and consequential amendments
  179. Representation of the People Act 1983 (c. 2)
  180. 1Paragraph 1
  181. Political Parties, Elections and Referendums Act 2000 (c. 41)
  182. 2Paragraph 2
  183. 3Paragraph 3
  184. 4Paragraph 4
  185. 5Paragraph 5
  186. 6Paragraph 6
  187. 7Paragraph 7