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Political Parties and Elections Act 2009

2009 c. 12 · Enacted 21 July 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 28 April 2022.

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:—C1C2C3C4C5

Annotations to the whole text

Modifications

C1

Act: certain functions made exercisable concurrently (18.8.2010) by Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C2

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

C3

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(o) (with arts. 3(2), 6, 12)

C4

Act functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 45, Sch. 1 para. 6

C5

Act: functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(k) (with arts. 11, 12)

Contents

  1. Part 1: The Electoral Commission
  2. Functions of Electoral Commission
  3. 1Compliance with controls imposed by the 2000 Act etc
  4. 2Investigatory powers of Commission
  5. 3Civil sanctions
  6. Electoral Commissioners etc
  7. 4Selection of prospective Electoral Commissioners and Commission chairman
  8. 5Four Electoral Commissioners to be persons put forward by parties
  9. 6Number of Electoral Commissioners
  10. 7Political restrictions on Electoral Commissioners and staff
  11. 8Education about systems of government and EU institutions
  12. Part 2: Political donations etc and expenditure
  13. Donations etc
  14. 9Declaration as to source of donation Not yet in force
  15. 10Non-resident donors etc Not yet in force
  16. 11Non-resident lenders etc Not yet in force
  17. 12Defence to charge of failing to return donation from impermissible donor
  18. Offences
  19. 13“Reasonable excuse” in relation to certain offences under the 2000 Act
  20. Responsible persons and compliance officers
  21. 14Control of donations to members associations: responsible persons
  22. 15Control of donations to holders of elective office: compliance officers
  23. 16Control of loans etc to members associations: responsible persons
  24. 17Control of loans etc to holders of elective office: compliance officers
  25. 18Person may not be “responsible person” for more than one third party
  26. Unincorporated associations
  27. 19Reports of gifts received by unincorporated associations making political contributions
  28. Thresholds
  29. 20Increased thresholds in relation to donations etc
  30. Election expenses
  31. 21Limitation of pre-candidacy election expenses for certain general elections
  32. 22Election expenses: guidance by Commission
  33. Part 3: Elections
  34. 23Election falling within canvass period
  35. 24Candidate at parliamentary election may withhold home address from publication
  36. 25Disposal of election documents in Scotland
  37. 26Filling vacant European Parliament seats in Northern Ireland Repealed
  38. 27Returning officers for elections to the European Parliament Repealed
  39. Part 4: Electoral registration
  40. Co-ordinated on-line record of electors Not yet in force
  41. 28Establishment of corporation sole to be CORE keeper Not yet in force
  42. 29Use of CORE information Not yet in force
  43. Identifying information
  44. 30Voluntary provision of identifying information Repealed
  45. 31Regulations amending or supplementing section 30 Repealed
  46. 32Report by Electoral Commission on provision of identifying information Repealed
  47. 33Obligatory provision of identifying information Repealed
  48. 34Provision supplementing section 33 Repealed
  49. Data schemes
  50. 35Schemes for provision of data to registration officers Repealed
  51. 36Schemes under section 35: proposals, consultation and evaluation Repealed
  52. Interpretation
  53. 37Meaning of expressions relating to registration Repealed
  54. Part 5: General
  55. 38Meaning of “the 1983 Act” and “the 2000 Act”
  56. 38AFunctions of the Minister for the Cabinet Office Repealed
  57. 39Amendments and repeals
  58. 40Transitional provision
  59. 41Money
  60. 42Extent
  61. 43Commencement
  62. 44Short title
  63. Schedule 1Investigatory powers of Commission: Schedule to be inserted into the 2000 Act
  64. Schedule 2Civil sanctions: Schedule to be inserted into the 2000 Act
  65. Schedule 3: Declaration as to source of donation Not yet in force
  66. Schedule 7 to the 2000 Act (control of donations to individuals and members associations) Not yet in force
  67. 1Paragraph 1 Not yet in force
  68. 2Paragraph 2 Not yet in force
  69. 3Paragraph 3 Not yet in force
  70. Schedule 11 to the 2000 Act (control of donations to recognised third parties) Not yet in force
  71. 4Paragraph 4 Not yet in force
  72. 5Paragraph 5 Not yet in force
  73. 6Paragraph 6 Not yet in force
  74. Schedule 15 to the 2000 Act (control of donations to permitted participants) Not yet in force
  75. 7Paragraph 7 Not yet in force
  76. 8Paragraph 8 Not yet in force
  77. 9Paragraph 9 Not yet in force
  78. Schedule 20 to the 2000 Act (penalties) Not yet in force
  79. 10Paragraph 10 Not yet in force
  80. Schedule 4: Declaration as to whether residence etc condition satisfied Not yet in force
  81. Schedule 7 to the 2000 Act (control of donations to individuals and members associations) Not yet in force
  82. 1Paragraph 1 Not yet in force
  83. 2Paragraph 2 Not yet in force
  84. 3Paragraph 3 Not yet in force
  85. Schedule 11 to the 2000 Act (control of donations to recognised third parties) Not yet in force
  86. 4Paragraph 4 Not yet in force
  87. 5Paragraph 5 Not yet in force
  88. 6Paragraph 6 Not yet in force
  89. Schedule 15 to the 2000 Act (control of donations to permitted participants) Not yet in force
  90. 7Paragraph 7 Not yet in force
  91. 8Paragraph 8 Not yet in force
  92. 9Paragraph 9 Not yet in force
  93. Schedule 20 to the 2000 Act (penalties) Not yet in force
  94. 10Paragraph 10 Not yet in force
  95. Schedule 5Reports of gifts received by unincorporated associations making political contributions: Schedule to be inserted into the 2000 Act
  96. Schedule 6: Minor and consequential amendments
  97. Representation of the People Act 1983 (c. 2)
  98. 1Paragraph 1
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. Political Parties, Elections and Referendums Act 2000 (c. 41)
  107. 9Paragraph 9
  108. 10Paragraph 10
  109. 11Paragraph 11
  110. 12Paragraph 12 Not yet in force
  111. 13Paragraph 13 Not yet in force
  112. 14Paragraph 14 Not yet in force
  113. 15Paragraph 15 Not yet in force
  114. 16Paragraph 16 Not yet in force
  115. 17Paragraph 17 Not yet in force
  116. 18Paragraph 18 Not yet in force
  117. 19Paragraph 19 Not yet in force
  118. 20Paragraph 20 Not yet in force
  119. 21Paragraph 21 Not yet in force
  120. 22Paragraph 22
  121. 23Paragraph 23
  122. 24Paragraph 24
  123. 25Paragraph 25
  124. 26Paragraph 26
  125. 27Paragraph 27
  126. 28Paragraph 28 Not yet in force
  127. 29Paragraph 29 Not yet in force
  128. 30Paragraph 30 Not yet in force
  129. 31Paragraph 31 Not yet in force
  130. Schedule 7Repeals